(a)
Before
any land is platted, the owner shall apply for and secure approval
of the proposed subdivision plat in accordance with the following
procedures, unless otherwise provided by these regulations. The procedure
for approving a plat typically requires a preliminary plat and final
plat.
(b)
Except
as otherwise permitted, the approval of the commission and city council
of a preliminary plat is required prior to the construction of public
improvements on the property. The preliminary plat and the associated
engineering plans for the property may be amended during construction,
with only major changes requiring reapproval by the planning and zoning
commission.
(c)
Upon
completion of the required public improvements or the provision of
an improvement agreement, the owner may submit a corrected final plat
for the subdivision. Lots may be sold and building permits obtained
after approval of the final plat by the planning and zoning commission,
and filing of the signed plat.
(Ordinance 1413-01 adopted 4/17/01; Ordinance 2254-21 adopted 11/16/21)
The planning and zoning manager may establish official submission
deadlines for plats on the agenda of the planning and zoning commission
and the city council for consideration. No preliminary plat or plat
shall be considered by the planning and zoning commission until it
has been determined by the planning and zoning department that the
submittal is complete and in conformance with this chapter.
(Ordinance 2254-21 adopted 11/16/21)
For purposes of this chapter, the date the Planning and Zoning
department has determined that the: (1) the submittal is complete
and in conformance with this chapter; (2) all required documents are
submitted in a complete format; and (3) all required fees have been
paid, shall constitute the official filing date of the plat, from
which the statutory period requiring approval or disapproval of the
plat shall commence. The planning and zoning commission and city council
may not table or postpone the consideration of the approval or disapproval
of a preliminary plat or plat but may request the applicant to withdraw.
The applicant may withdraw a preliminary plat or plat from consideration
by submitting a written request and may resubmit the preliminary plat
or plat with no additional fees if it is rescheduled within sixty
(60) days of the date of withdrawal.
(Ordinance 2254-21 adopted 11/16/21)
No preliminary plat or plat shall be approved unless the following
standards have been met:
(1)
Preliminary
plat or plat conforms to applicable zoning, the comprehensive plan,
the capital improvements plan of the city, the design standards, the
major thoroughfare plan, the master park plan of the city, and other
regulations in this chapter. If a zoning change is contemplated for
the property, the zoning change must be completed before the approval
of preliminary plat of the property. Any plat reflecting a condition
not in accordance with the zoning requirements shall not be approved
until any available relief from the board of adjustment has been obtained;
(2)
Adequate
provision has been made for the dedication and installation of public
improvements; and
(3)
All
required fees have been paid.
(Ordinance 2254-21 adopted 11/16/21)
The owner of the property to be platted must provide an easement
or fee simple dedication of all property needed for the construction
of streets, thoroughfares, alleys, sidewalks, storm drainage facilities,
floodways, water mains, wastewater mains and other utilities, public
parks, and any other property necessary to serve the plat and to implement
the requirements of this chapter.
Dedication shown on plats are irrevocable offers to dedicate
the property shown. Once the offer to dedicate is made, it may be
accepted by an action by the city by acceptance of the improvements
in the dedicated areas for the purpose intended, or by actual use
by the city. No improvements may be accepted until they are constructed
in accordance with this chapter and the final plat is filed for record.
No dedication otherwise required by this chapter may be imposed upon
an owner unless the property is being subdivided and the dedication
related to the impact of the proposed development is roughly proportional
to the needs created by the proposed development and provides a benefit
to the development.
(Ordinance 1413-01 adopted 4/17/01)
(a)
Prior
to the filing of a preliminary plat, the developer shall meet with
the city staff. The purpose of the meeting is to familiarize the developer
with the city's development regulations and the relationship of the
proposed subdivision to the comprehensive plan. At such meeting, the
general character of the development, the zoning, utility service,
street requirements and other pertinent factors related to the proposed
subdivision will be discussed.
(b)
Preliminary
engineering plans shall be submitted concurrently with a preliminary
plat. If the city does not approve of the use of an improvement agreement,
engineering and construction plans for the required public infrastructure
must be submitted by the developer and approved by the city engineer
prior to approval of the preliminary plat.
(c)
Once
a preliminary plat has been approved by the city council, the developer
shall submit complete city construction and engineering plans for
the public infrastructure improvements required for the proposed subdivision.
(d)
The
following notice shall be stamped on the face of each preliminary
plat: "Preliminary Plat - for inspection purposes only, and in no
way official or approved for record purposes."
(e)
Preliminary
plats shall be distributed by city staff to city departments. The
owner shall be responsible for the distribution of copies of the preliminary
plats to the agencies listed below. The city staff shall give the
owner and such agencies a specific date by which to return written
responses. The owner and the agencies listed below shall be provided
an opportunity to attend a developer/city staff conference for the
purpose of notifying the developer of necessary corrections.
(1)
Independent school districts affected by the plat. (one copy)
(2)
City utility departments. (two copies)
(3)
Public utility companies and franchise utility companies that serve
or will provide service to the proposed subdivision. (two copies)
(4)
Dallas county commissioner and Dallas County Public Works Director
if the subdivision is outside the city limits. (one copy each)
(f)
The
planning and zoning department shall accumulate the comments of the
city departments and agencies, and conduct a developer/city staff
conference to report the comments and requested corrections to the
developer. The developer shall be allowed to make comment or make
required corrections and submit the corrected preliminary plat to
the planning and zoning department for submission to the planning
and zoning commission. The corrected preliminary plat shall be submitted
within thirty (30) days of the date the original preliminary plat
was officially filed and prior to the meeting of the planning and
zoning commission at which such preliminary plat is scheduled for
consideration. Upon timely receipt, the planning and zoning manager
shall submit the corrected preliminary plat to the planning and zoning
commission.
(g)
A written
report shall be prepared by city staff and submitted to the planning
and zoning commission stating the review comments of the preliminary
plat noting any unresolved issues.
(h)
Following
review of the preliminary plat and other materials submitted in conformity
with this chapter, the planning and zoning commission shall act on
a preliminary plat, within thirty (30) days after the date the preliminary
plat is officially filed. The planning and zoning commission may either:
(1)
approve the preliminary plat as presented;
(2)
approve the preliminary plat with conditions; or
(3)
disapprove the preliminary plat. If disapproved, the planning and
zoning commission upon written request, shall state the reasons for
disapproval. A conditional approval shall be considered a disapproval
until the conditions have been satisfied.
(i)
The
actions of the planning and zoning commission shall be noted on two
(2) copies of the preliminary plat. One (1) copy shall be returned
to the developer and the other retained in the files of the planning
and zoning department.
(j)
The
planning and zoning commission shall, in its action on the preliminary
plat, consider the physical arrangement of the subdivision and determine
the adequacy of the street and thoroughfare rights-of-way and alignment
and the compliance of the streets and thoroughfares with the major
thoroughfare plan, the existing street pattern in the area and with
any other applicable provisions of the comprehensive zoning ordinance
and comprehensive plan. The planning and zoning commission, based
on city staff recommendations, shall also ascertain that adequate
easements for proposed or future utility service and surface drainage
are provided, and that the lot sizes and area comply with the comprehensive
zoning ordinance and are adequate to comply with the minimum requirements
for the type of sanitary sewage disposal proposed. All on-site sewage
disposal systems shall meet the minimum standards required by the
city plumbing code and the regulations of Dallas County and of the
Texas Natural Resource Conservation Commission, or their successors.
(k)
After
approval of a preliminary plat by the planning and zoning commission,
the planning and zoning department shall forward the preliminary plat
to the city council for consideration at the next available city council
meeting.
(l)
The
city council shall act on the preliminary plat within thirty (30)
days after the date the preliminary plat is approved by the planning
and zoning commission or is considered approved by the inaction of
the planning and zoning commission. A preliminary plat shall be considered
approved by the city council unless it is disapproved within that
period.
(m)
Approval
of a preliminary plat by the planning and zoning commission and/or
the city council is not approval of the final plat but is an expression
of approval of the layout shown subject to satisfaction of specified
conditions. The preliminary plat serves as a guide in the preparation
of a final plat.
(n)
Expiration
of Preliminary Plat Approval.
The approval of a preliminary
plat expires twenty-four (24) months after the date of city council
approval unless a final plat is submitted and has received approval
by the planning and zoning commission for the property within such
period, or the period is extended by the planning and zoning commission
upon written request of the owner. If the time period is not extended,
or a final plat is not submitted and approved by the planning and
zoning commission within the twenty-four (24) month period, the preliminary
plat approval shall be null and void and the owner shall be required
to submit a new plat for the property subject to the then existing
zoning, subdivision and other regulations.
(o)
Phased
Development.
The preliminary plat shall indicate any
phasing of the proposed development with a heavy dashed line. Each
phase shall be numbered sequentially and in the proposed order of
development. The proposed utility, street and drainage layout for
each phase shall be designed in such a manner that the phases can
be developed in numerical sequence. Thereafter, plats of subsequent
units of such subdivision shall conform to the approved overall layout
and phasing, unless a new preliminary plat is submitted. The planning
and zoning commission and city council may impose such conditions
upon the filing of the phases as deemed necessary to assure the orderly
development of the city. Such conditions may include, but are not
limited to, temporary street and alley extensions, temporary cul-de-sacs,
turn arounds, and off-site utility extensions. Failure to indicate
phasing of the proposed development in accordance with this section
prohibits the approval of a final plat for such subdivision in phases.
(p)
Effective
Period of Preliminary Plat Approved for Phased Development.
If a final plat has not been submitted and approved on at least
one phase of the area covered by the preliminary plat within twenty-four
(24) months after the date of preliminary plat approval, the preliminary
plat shall expire and be declared null and void. If in the event that
only a phase of the preliminary plat has been submitted for final
plat approval, then the preliminary plat for those areas not final
platted within two years of the date of preliminary plat approval
shall expire and be declared null and void unless an extension of
time is granted by the planning and zoning commission. Any phase of
a preliminary plat not receiving final plat approval within the period
of time set forth herein shall expire and be declared null and void,
and the owner shall be required to submit a new preliminary plat for
approval which shall be subject to the then existing zoning, subdivision
and other regulations, and the payment of any applicable fees.
(Ordinance 1413-01 adopted 4/17/01; Ordinance 2254-21 adopted 11/16/21)
(a)
Sixty
(60) days prior to or following the lapse of approval for a preliminary
plat as provided in these regulations the owner may request the commission
to extend or reinstate the approval.
(b)
In
determining whether to grant such request, the commission shall take
into account the reasons for lapse, the ability of the owner to comply
with any conditions attached to the original approval and the extent
to which newly adopted zoning and subdivision regulations shall apply
to the preliminary plat. The commission may extend or reinstate the
preliminary plat or deny the request, in which instance the owner
must submit a new preliminary plat application for approval.
(c)
The
commission may extend or reinstate the approval subject to additional
conditions based upon newly enacted regulations such as are necessary
to issue compliance with the original conditions of approval. The
commission may also specify a shorter time for lapse of the extended
or reinstated preliminary plat than is applicable to original preliminary
plat approval.
(Ordinance 1413-01 adopted 4/17/01)
No preliminary plat shall be approved unless the following standards
have been met:
(1)
The
engineering and construction plans for the required public infrastructure
improvements have been submitted and approved by the city engineer,
unless the approval of an improvement agreement has been requested
and approved;
(2)
Provisions
for installation and dedication of public improvements has been made;
and
(3)
The
preliminary plat conforms to the applicable zoning and all other requirements
of this chapter.
(4)
A tree
survey, which identifies all trees with a DBH (“diameter at
breast height” measured at 4.5 feet above grade) of six inches
(6") or larger, shall be submitted prior to submission of the engineering
and construction plans. The tree survey shall include the species
and caliper at DBH of each tree in a tabular form, with each tree
identified by a number corresponding to a numbered tree on the tree
survey site plan. The tee survey must denote which trees will be saved
and which will be removed.
The tree survey must be reviewed and approved by the planning
and zoning commission prior to the preliminary plat being submitted
and prior to staff approving the engineering and construction plans.
The commission shall act on the tree survey within thirty (30) days
after it is officially filed. If the commission does not approve the
tree survey, that decision may be appealed to city council for consideration
at the next available city council meeting, and the city council shall
act on the appealed tree survey within thirty (30) days after the
date the tree survey was denied by the commission. Inaction by the
council within this period shall be considered as approval.
The commission, or the council upon appeal, shall approve the
tree survey if it finds and determines that the developer has made
a good faith effort to save as many trees, 6" caliper or greater at
DSH, as possible, given the subdivision layout, lot size, and topography
of the proposed development.
As part of the final plat application, the developer must submit
to the planning department a spreadsheet that summaries, for each
lot, the number of trees that were to be saved per tree survey, as
well as the number of trees to be saved that were lost during construction.
The spreadsheet must denote the caliper inch and species of each tree
saved, as well as for the trees to be saved, but lost during development.
This will allow staff to verify how many replacement trees are needed
for each lot at the building permit stage.
Then, prior to the final inspection in connection with a building permit, any tree(s) shown on the tree survey as being retained on the lot, and which is removed or lost during development of the lot or home, shall be replaced by the developer or builder by planting a tree or trees of equivalent caliper inches. The trees used as replacement trees must each have a caliper of at least one and one-half inches (1½") and be container grown. Trees used as replacement trees must be from the large tree list found on the approved plant list in Appendix 4 of the zoning ordinance or approved by the planning and zoning manager. The replacement tree(s) must be planted on the same lot where the tree(s) it is replacing was, provided that the planning and zoning manager may approve placement of the tree(s) on another lot(s) in the subdivision, if he finds it to be in the public interest.
(Ordinance 1413-01 adopted 4/17/01; Ordinance 1513-03 adopted 2/4/03; Ordinance
1547 adopted 9/2/03)
(a)
The
owner shall submit the required number of copies of the preliminary
plat, as determined by the planning and zoning department to allow
for the distribution of the proposed preliminary plat for review.
Each copy of the preliminary plat shall be folded so that the title
block for the subdivision may be read in the lower right-hand corner.
The preliminary plat shall be drawn to a scale of one-inch equals
one hundred feet (1" = 100') or larger on 24" x 36" sheet size. In
cases of large developments which would exceed the dimensions of the
required sheet at the 100-foot scale, preliminary plats may be submitted
at a scale of one-inch equals two hundred feet (1" = 200') on multiple
sheets, properly registered.
(b)
The
preliminary plat shall contain or be accompanied by the following:
(1)
The required number of copies of the preliminary plat and the approved
engineering and construction plans for all public infrastructure improvements
in accordance with the design standards of the city, to include all
streets, water mains and services, sewer system and services, and
drainage systems required to develop the proposed subdivision.
(2)
The name, address and telephone number of the owner, the surveyor,
and engineer responsible for the preparation of the final plat.
(3)
The name of the subdivision, vicinity location map showing adjacent
subdivisions, street names (which shall conform whenever possible
to existing street names) and lot and blocks numbers in accordance
with a systematic arrangement.
(4)
An accurate boundary survey description of the property, with bearings
and distance, referenced to survey lines, existing property descriptions
and established subdivisions, and showing the lines of adjacent tracts,
the layout, dimensions and names of adjacent streets and alleys and
lot lines shown in dashed lines.
(5)
Scale, north point, date, lot and block numbers.
(6)
The name and location of adjacent subdivisions or unplatted tracts
drawn to scale shown in dotted lines and in sufficient detail to accurately
show the existing streets, alleys and other features that may influence
the layout and development of the proposed subdivision. The abstract
name and number and name of the owner of the adjacent unplatted tracts
shall be shown.
(7)
Exact location of lots, streets, public highways, alleys, parks and
other features, with accurate dimensions in feet and decimal fractions
of feet, with the length of radii and of arcs of all curves, internal
angles, points of curvatures, length and bearings of the tangents,
and with all other surveyor information necessary to reproduce the
plat on the ground. Dimensions shall be shown from all angle points.
All lots on building sites shall conform to the minimum standards
for area, width and depth prescribed by the zoning district or districts
in which the subdivision is located, and state the area size of each
lot.
(8)
Building setback lines and the location of utility easements.
(9)
Topographic information showing contour lines with intervals up to
one (1') foot indicating the terrain, the drainage pattern of the
area, and the drainage basin areas within the proposed subdivision.
Topographic information showing contour lines with intervals up to
two (2) feet indicating the terrain, the drainage pattern of the area,
and the drainage basin areas outside the boundaries of the proposed
subdivision.
(10)
The layout and dimensions of proposed storm drainage areas, easements
and rights-of-way necessary for drainage within and outside the boundaries
of the proposed subdivision.
(11)
The location and purpose of all proposed parks or other areas offered
for dedication to public use and written approval of the proposed
parkland dedication by the City of DeSoto Park Development Corporation.
(12)
The location of all existing property lines, buildings, sewer or
water mains, storm drainage areas, water and wastewater facilities,
fire hydrants, gas mains or other underground structures, easements
of record or other existing features.
(13)
The location, size and identification of any physical features of
the property, including water courses, ravines, bridges, culverts,
existing structures, drainage or other significant topographic features
located on the property or within one hundred fifty feet (150') of
the proposed subdivision.
(14)
Copy of any deed restrictions, restrictive covenants, special use
permit or planned development district ordinance regulating the property.
(15)
The angle of intersection of the centerlines of all intersecting
streets which are intended to be less than ninety (90°) degrees.
(16)
In accordance with the city "Floodplain Management Regulations," Article 3.1200 of the Code of Ordinances, as amended, the floodplain and floodway lines and base flood elevations as shown on the current effective flood insurance rate maps for the city shall be shown, where applicable. A notation shall be shown on the face of the preliminary plat stating: "Lots or portions of lots within the floodplain or areas of special flood hazard require a development permit prior to issuance of a building permit or commencement of construction including site grading, on all or part of those lots."
(17)
For a preliminary plat of land located outside the city limits where
sanitary sewer does not exist or where street improvement standards
vary from those specified by the city, such differences shall be noted.
(18)
A certificate of ownership and dedication of all streets, alleys,
easements, parks and other land intended for public use, signed and
acknowledged before a notary public by the owner and lienholders of
the property, along with complete and accurate metes and bounds description
of the land subdivided and the property dedicated to public use.
(19)
Receipt showing all taxes on the subject property are paid.
(20)
Certification by a surveyor, to the effect that the preliminary plat
represents a survey made by the surveyor, and that all the necessary
survey monuments are correctly shown thereon.
(21)
A preliminary plat, provided in multiple sheets shall include a key
map showing the entire subdivision at smaller scale with lot and block
numbers and street names on one (1) of the sheets or on a separate
sheet of the same size.
(22)
Copy of any proposed property owner or homeowners' association agreements,
covenants and restrictions.
(Ordinance 2254-21 adopted 11/16/21)
Effect of Approval. Approval of a preliminary
plat by the commission and city council constitutes authorization
for the city engineer to release construction plans and to permit
the owner to commence construction of the public improvements. Approval
of a preliminary plat also authorizes the owner, upon fulfillment
of all requirements and conditions of approval, to submit a final
plat for approval. Upon release of the construction plans, the city
engineer may upon request of the applicant, issue a certificate indicating
the construction plans have been released and construction of the
improvement is thereafter authorized. The certificate shall read as
follows:
"The Preliminary Plat for (insert name of the subdivision or
addition) as approved by the city council for the City of DeSoto on
(insert date of approval) is authorized for use with engineering plans
for the construction of public improvements as approved by the city
engineer. A final plat shall be approved by the planning and zoning
commission upon the completion of all public improvements or the provision
of an improvement agreement under the terms of the Subdivision and
Development Ordinance and submission of a final plat in compliance
with the Subdivision and Development Ordinance of the City of DeSoto."
(Ordinance 1413-01 adopted 4/17/01)
(a)
After
approval of the preliminary plat by the planning and zoning commission
and the city council and upon completion of the required public improvements
or the provision of an improvement agreement as allowed herein, the
owner shall submit a final plat for the property for approval.
(b)
The
final plat shall conform substantially to the approved preliminary
plat and, if desired by the developer, may cover only a phase of the
approved preliminary plat; provided however, such phase conforms to
all the requirements of this chapter and the approved preliminary
plat indicated the phasing of such development.
(c)
The
final plat shall be distributed to the city departments and other
agencies for review and comment in the same manner as a preliminary
plat.
(d)
The
planning and zoning department shall accumulate the comments of the
city departments and agencies and conduct a developer/city staff conference
to report the comments and requested corrections to the developer.
The developer shall make comment or make the required corrections
and submit the corrected final plat to the planning and zoning department
for submission to the planning and zoning commission. The corrected
final plat shall be submitted within thirty (30) days of the date
the original final plat was officially filed and prior to the meeting
of the planning and zoning commission at which the original final
plat is scheduled for consideration.
(e)
The
final plat shall be submitted to the planning and zoning commission
at the next available meeting with any appropriate comments and recommendations
by the planning and zoning department. The planning and zoning commission
shall act on the final plat within thirty (30) days after the official
filing date. If no action is taken by the planning and zoning commission
within such period, the final plat shall be deemed approved. A certificate
showing the filing date and failure to take action thereon within
the thirty (30) day period shall on request be issued by the planning
and zoning commission, which shall be sufficient in lieu of a written
endorsement of approval. The planning and zoning commission shall
be the final approval authority for final plats. The denial of approval
of a final plat shall not be appealable to the city council.
(f)
The
planning and zoning commission shall consider the final plat, including
all proposals by the owner with respect to the dedication of right-of-way
for public use, the construction of utilities, streets, drainage and
other improvements.
(g)
The
approval of the final plat by the planning and zoning commission shall
authorize the planning and zoning commission chairperson to execute
the certificate of approval on the final plat.
(h)
The
approved final plat shall then be filed of record in the plat records
of Dallas County.
(i)
The
final plat for any subdivision located outside the city limits of
the city shall be submitted to the commissioner's court of Dallas
County for approval and the execution of any applicable agreements.
(j)
After
action by the commissioner's court, the final plat shall be returned
to the city for filing by the planning and zoning department.
(k)
Final
plats disapproved by the planning and zoning commission shall be returned
to the developer by the planning and zoning department.
(l)
In
the event a final plat is approved by the planning and zoning commission
for a subdivision in phases, the final plat of each phase shall carry
the same name throughout the entire subdivision, but bear a distinguishing
letter, number or subtitle. Lot and block numbers shall run consecutively
throughout the entire subdivision, even though such subdivision may
be finally approved in phase.
(Ordinance 1413-01 adopted 4/17/01)
No final plat shall be approved unless the following standards
have been met:
(1)
The
final plat substantially conforms to the preliminary plat;
(2)
Required
public improvements have been constructed and are ready to be accepted,
and/or an improvement agreement has been approved by the city for
the subsequent completion of the public improvements;
(3)
The
final plat conforms to the applicable zoning and all other requirements
of this chapter;
(4)
Provisions
have been made for adequate public facilities under the terms of this
chapter; and
(5)
All
required fees have been paid.
(Ordinance 1413-01 adopted 4/17/01)
The owner shall prepare a final plat in accordance with the
conditions of approval for the preliminary plat drawn to a scale of
one inch equals one hundred feet (1" = 100') on 24" x 36" sheet size.
For large developments, the final plat may be submitted on multiple
sheets properly registered to match with the surrounding sheets and
a small-scale key map showing all sheets of the final plat have been
provided. The owner shall submit the required number of "copies" of
the final plat and 8 1/2" x 11" reduction copies of the final plat
as determined by the planning and zoning department with three (3)
copies of the approved construction plans for the public infrastructure
improvements for the proposed subdivision. Each copy of the final
plat shall be folded so that the title block for the subdivision may
be read in the lower right-hand corner. The final plat shall contain
or be accompanied by the following:
(1)
Record
drawings, construction plans including one set of mylars and a digital
copy in DWG or DGN format, and two sets of bluelines, where applicable.
(2)
All
information required for a preliminary plat.
(3)
The
improvement agreement and security, if required, in a form satisfactory
to the city attorney and in an amount established by the city council
upon recommendation of the city engineer and shall include a provision
that the owner shall comply with all the terms of the final plat approval
as determined by the commission.
(4)
Formal
irrevocable offers of dedication to the public of all streets, alleys,
utilities, easements and parks in a form approved by the city attorney.
(5)
The
following certificates shall be placed on the final plat in a manner
that will allow them to be clearly visible on the final plat.
|
APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
DESOTO, TEXAS, ON THE _____ DAY OF __________, _____.
| |
|
|
ATTEST:
|
|
_____________________________________
Chairperson, Planning and Zoning Commission
|
_____________________
Zoning Secretary
|
(6)
An
owner may at the discretion of the commission, obtain approval of
a phase of a subdivision for which a preliminary plat was approved
provided such phase meets all the requirements of this chapter in
the same manner as is required for a complete subdivision.
(7)
If
applicable, copy of agreements, covenants and restrictions establishing
and creating the homeowners' association approved by the commission
based on recommendation of the city attorney.
(Ordinance 1413-01 adopted 4/17/01)
(a)
When
an improvement agreement and security are required, the chairperson
of the commission shall endorse approval on the final plat after the
improvement agreement and security have been approved by the city
attorney and all the conditions pertaining to the final plat have
been satisfied. A final plat for which an improvement agreement has
been approved shall contain the following notation on the final plat:
"This Subdivision is subject to an Improvement Agreement pursuant
to the City of DeSoto, Texas Subdivision and Development Ordinance.
All or some of the public infrastructure were not constructed and
accepted by the City of DeSoto, Texas prior to approval of this Final
Plat."
(b)
When
installation of public improvements is required prior to recordation
of the final plat, the chairperson of the commission shall endorse
approval on the final plat after all conditions of approval have been
satisfied and all public improvements are satisfactorily completed.
There shall be written evidence that the required public improvements
have been installed and have been completed in a manner satisfactory
to the city as shown by a certificate signed by the city engineer
stating that the necessary dedication of public lands and installation
of public improvements and have been accomplished.
(c)
City
staff shall be responsible for filing the final plat with the county
clerk. Simultaneously with the filing of the final plat, the city
staff shall record such other agreements of dedication and legal documents
as shall be required to be recorded by the commission and the city
attorney. The final plat, bearing all required signatures, shall be
recorded after final approval and within five working days of its
receipt. One (1) copy of the recorded final plat, with street addresses
assigned, will be forwarded to the owner by the city staff.
(d)
Either
the applicant or city staff shall be responsible for filing the final
plat with the county clerk. Along with the filing of the final plat,
all other agreements of dedication and legal documents shall be recorded
by the commission and the city attorney. The final plat, bearing all
required signatures, shall be recorded after final approval and within
five working days of its receipt. One (1) copy of the recorded final
plat, with street addresses assigned, will be forwarded to the owner
by the city staff.
(Ordinance 1413-01 adopted 4/17/01; Ordinance 2254-21 adopted 11/16/21)
(a)
The
planning and zoning manager is authorized to approve the following:
(1)
Amending plats described by Section 212.016 Tex. Loc. Gov’t
Code;
(2)
Minor plats involving four or fewer lots fronting an existing street
and not requiring the creation of any new street or extension of municipal
facilities; and
(3)
A replat under Section 212.0145 Tex. Loc. Gov't Code that does not
require the creation of any new street or the extension of municipal
facilities.
(b)
The
planning and zoning manager may for any reason elect to present an
amending plat, minor plat or replat meeting the requirements of (1)
above to the planning and zoning commission for approval.
(c)
Any
amending plat, minor plat or replat meeting the requirements of (1)
above which the planning and zoning manager fails or refuses to approve
shall be submitted to the planning and zoning commission for approval.
(Ordinance 1413-01 adopted 4/17/01; Ordinance 1750-07 adopted 9/4/07)
(a)
Vacating
Plats.
(1)
The owners of the tract covered by a plat may vacate the plat at
any time before any lot in the plat is sold. The plat is vacated when
a signed, acknowledged instrument declaring the plat vacated is approved
and recorded in the manner prescribed for the original plat.
(2)
If lots have been sold, the plat, or any part of the plat may be
vacated on the application of all the owners of lots in the plat with
approval obtained in the manner prescribed for the original plat.
(3)
The planning and zoning commission shall disapprove any vacating
instrument which abridges or destroys public rights in any of the
public uses, improvements, streets or alleys.
(4)
Upon approval and recording with the County Clerk of Dallas County,
the vacated plat has no effect.
(b)
Replatting
Without Vacating Preceding Plat.
(1)
A replat of a subdivision or part of a subdivision may be recorded
and is controlled over the preceding plat without vacation of that
plat if the replat:
(2)
An application for a replat shall follow the same procedure required
for preliminary and final plats.
(3)
Plat Amendments and Corrections.
(A)
The planning and zoning commission may approve an amending plat which
may be recorded and is controlled over the preceding plat without
vacation of that plat, if the amending plat is signed by all the owners
and is solely for one or more of the following purposes:
(i)
to correct an error in a course or distance shown on the preceding
plat;
(ii)
to add a course or distance that was omitted on the preceding
plat;
(iii)
to correct any error in the real property description shown
on the preceding plat;
(iv)
to indicate monuments set forth after death, disability, or
retirement from practice of the engineer or surveyor responsible for
setting monuments;
(v)
to show the location or character of monument that has been changed
in location or character or that is shown incorrectly as to location
or character on the preceding plat;
(vi)
to correct any other type of scrivener or clerical error or
omission previously approved by including lot numbers, acreage, street
names, and identification of adjacent recorded plats.
(vii)
to correct an error in courses and distances of lot lines between
two (2) adjacent lots if: (1) both lot owners join in the application
for amending the plat; (2) neither lot is abolished; (3) the amendment
does not attempt to remove recorded covenants or restrictions; and
(4) the amendment does not have a material adverse effect on the property
rights of the other owners in the plat;
(viii)
to relocate a lot line to eliminate an inadvertent encroachment
of a building or other improvement on a lot line or easement;
(ix)
to relocate one or more lot lines between one or more adjacent
lots if the owner(s) of all such lots join in the application for
amending the plat and/or the amendment does not attempt to remove
recorded covenants or restrictions and does not increase the number
of lots;
(x)
to make necessary changes to the preceding plat to create six (6)
or fewer lots in the subdivision or part of the subdivision if: (1)
the changes do not affect applicable zoning and other regulations
of the city; (2) the changes do not attempt to amend or remove any
covenants or restrictions; (3) the area covered by the changes is
located in an area that the planning and zoning commission have approved,
after a public hearing, as a residential improvement area; and
(xi)
to replat one or more lots fronting on an existing street if:
(aa)
the owners of all those lots join in the application
for amending the plat;
(bb)
the amendment does not attempt to remove recorded covenants
or restrictions;
(cc)
the amendment does not increase the number of lots; and
(dd)
the amendment does not create or require the creation of a new
street or make necessary the extension of municipal facilities.
(B)
Notice and a hearing and the approval of other lot owners are not
required for the approval and issuance of an amending plat.
(Ordinance 1413-01 adopted 4/17/01; Ordinance 2254-21 adopted 11/16/21)
(a)
If
public improvements for a subdivision have not been constructed and
accepted by the city and the corresponding final plat for said subdivision
has not filed in the Dallas County plat records within two (2) years
after the date of final plat approval by the planning and zoning commission,
said final plat shall be null and void and shall conclusively be deemed
to be withdrawn without further action by the city. This provision
shall not apply to final plats approved by the city prior to the effective
date of this section.
(b)
Final
plats approved prior to the effective date of this section shall become
null and void and shall be conclusively deemed to be withdrawn without
further action by the city on May 11, 2004, if the public improvements
for the subdivision have not been constructed and accepted by the
city and the corresponding final plat for said subdivision filed in
the Dallas County Plat Records.
(c)
An
approved, unexpired final plat may be extended by the planning and
zoning commission upon written request, once for a period not to exceed
twelve (12) months provided:
(Ordinance 1413-01 adopted 4/17/01)
An industrial subdivision shall be processed for approval in
the same manner as a residential subdivision, except that no individual
lots need be drawn on such plat. Only streets, blocks, drainage easements
and minimum building lines need be shown.
(Ordinance 1413-01 adopted 4/17/01)
