(a) Plat approval process.
(1) Preliminary plat application. An applicant seeking approval of a plat or replat shall submit a preliminary plat application to the subdivision administrator on a form available at the subdivision administrator’s office. If the subdivision administrator determines that the application is complete, the subdivision administrator shall accept it and route it to all affected departments. If the subdivision administrator determines that the application is incomplete, the subdivision administrator shall return it to the applicant with a description of its deficiencies.
(A) The preliminary plat application must include the following unless the subdivision administrator determines that an item listed is not applicable and may be omitted:
(i) All required fees.
(ii) The proposed layout of the plat legibly drawn on a sheet of paper which measures 24 inches by 30 or 36 inches. The plat must show the bearings and distances of the property, and must be drawn to a scale of one inch equals forty feet or the largest practical scale determined to be legible by the survey section of the department of development services. (Unless otherwise indicated, all words on a plat must be at least 10 characters per inch.)
(iii) An arrow indicating north.
(iv) A vicinity map showing all thoroughfares and existing streets within the two nearest intersecting arterials of the boundary of the plat.
(v) The proposed name of the subdivision in bold, capital letters.
(vi) The names, addresses, and telephone numbers of the surveyor performing or preparing the metes and bounds description of the property, and all owners and developers.
(vii) The proposed boundaries of the property indicated with a bold, solid line, and other boundaries indicated with thinner lines.
(viii) The proposed lot and block numbers, and the area of each lot in square feet.
(ix) The location, purpose, and grantee of existing easements, and the citation to the volume and page of the county records where the recorded instrument may be found.
(x) The location and purpose of all proposed easements and common areas.
(xi) The layout and dimensions of proposed storm drainage areas and other areas offered for dedication to public use. If the combined on-site and off-site drainage area is less than one acre, this requirement may be waived by the director of development services if the impact of the drainage is not significant.
(xii) The layout of platted lots and unplatted parcels, streets, storm drainage facilities, water and wastewater facilities, public rights-of-way, and other pertinent features existing within a distance of 150 feet from the proposed boundary of the plat.
(xiii) The location and identification of any structure or improvement within the boundaries of the property to be platted, and any significant topographic features located on the property or within l50 feet of the boundaries of the property. Any of these items that are to be removed or altered must be identified on the plat.
(xiv) The general layout and dimensions of proposed streets and alleys, and proposed street names.
(xv) Contour lines indicating the terrain and drainage pattern of the area. Contour intervals must be five feet or less unless the director of development services determines that the slope of the land is less than 1 to 100 (vertical to horizontal). If the director of development services determines that the property being platted is fully developed, contour lines are not required.
(xvi) A copy of any specific use permit or planned development district ordinance regulating the property.
(xvii) A copy of any deed restrictions regulating the property in which the city of Dallas is an enforcing party.
(xviii) If the plat is a replat in accordance with Subsection (b)(1) or (2), a certified copy of the original subdivision of the area filed with the county clerk and a certified copy of the latest replat of the property filed with the county clerk.
(xix) A metes and bounds description of the property included in the plat, as well as all appropriate language of dedication and acknowledgment. Signatures are not required at the time of application.
(xx) If the property is located in the escarpment area or a geologically similar area, an escarpment permit is required at the time of application.
(xxi) The location, caliper, and name (both common and scientific) of all trees near proposed construction (trees in close proximity that all have a caliper of less than eight inches may be designated as a “group of trees” with only the number noted).
(xxii) A copy of the recorded deed reflecting current ownership and a copy of the title policy if title insurance is in place (if no title insurance is in place then a copy of the most recent property tax certificate must be provided). The ownership indicated in the owner’s certificate on the plat must match the deed exactly unless documentation is provided to explain any variation.
(xxiii) All requirements set forth in the survey division’s plat guidelines.
(xxiv) A copy of any regulating plan approved pursuant to Article XIII.
(xxv) The location of any open space required pursuant to Article XIII.
(xxvi) Any other information that the subdivision administrator deems necessary.
(1.1) Resubmission application. An applicant seeking approval of a preliminary plat that was previously disapproved by the commission may submit a resubmission application to the subdivision administrator on a form available at the subdivision administrator's office. If the subdivision administrator determines that the application is complete, the subdivision administrator shall accept it and route it to all affected departments. If the subdivision administrator determines that the application is incomplete, the subdivision administrator shall return it to the applicant with a description of its deficiencies. If the subdivision administrator determines that the resubmitted plat contains changes that are not required to address the commission's reasons for disapproval, the subdivision administrator shall reject the application and the applicant must submit a new preliminary plat application. The resubmitted plat application must be submitted with all required fees and contain the following unless the subdivision administrator determines that an item listed is not applicable and may be omitted:
(A) A copy of the previously disapproved preliminary plat.
(B) A copy of the disapproval letter sent by the subdivision administrator.
(C) An explanation of corrections made on the resubmitted plat to bring the plat in to compliance with the provisions of the Dallas City Code and state or federal law cited in the disapproval letter sent by the subdivision administrator.
(D) All information required in Paragraph (1)(A)(ii) through (xxvi).
(2) Staff review.
(A) All affected departments shall review the initial preliminary plat application and forward their comments, in writing, to the subdivision administrator within 14 days after the date a complete application is received. (Holiday scheduling may require an extension of the review period.) The subdivision administrator shall formulate a staff recommendation from the comments received in the interdepartmental review process, and submit the initial plat application to the commission within 30 days after the date a complete application is accepted by the city (unless it is an approved administrative plat and the applicant does not appeal any of the conditions). The subdivision administrator shall formulate a staff recommendation and forward a preliminary plat application that has been resubmitted under Subsection (a)(1.1) of this section to the commission with 15 days after the date a complete application is accepted by the city. If the staff recommendation is for disapproval of the application, the subdivision administrator must provide the reasons for disapproval to the commission.
(B) The subdivision administrator shall approve an administrative plat within 18 days after the date a complete application is accepted by the city if the subdivision administrator finds that it complies with the policies and purposes of this article. If the subdivision administrator refuses to approve an administrative plat, the subdivision administrator shall refer the plat to the commission for consideration within 30 days after the date a complete application is accepted by the city. The subdivision administrator shall provide reasons for refusing to approve the plat to the commission.
(C) An applicant may appeal staff recommendations on an administrative plat or on any other plat to the subdivision review committee of the commission before the plat is considered by the commission, provided the request for appeal is made in sufficient time to allow staff and commission compliance with the 30-day action requirement and applicable posting and notice requirements.
(D) If, after city staff or commission review, it is determined that a minor plat does not comply with the minor plat definition, the application must be considered as a preliminary plat. The increase in fee must be paid before the application is processed.
(E) If, after city staff review, it is determined that an administrative plat does not comply with the administrative plat definition, if city staff refuses to approve an administrative plat, if the applicant appeals any administrative plat conditions, or if the subdivision administrator refers the plat to the commission, the application must be considered as a preliminary plat.
(3) Commission action.
(A) Initial application. The commission must hold a public hearing for all replats, and act upon all plat applications, other than approved administrative plats where the conditions are not appealed, within 30 days after the date a complete application is accepted by the city. The commission shall approve the application if it finds that it complies with the policies and purposes of this article. If the commission disapproves an application, the reasons for disapproval must be stated in the motion for disapproval, along with a citation to the relevant section of the Dallas City Code or state or federal law.
(B) Resubmission application. If the commission disapproves a plat application under Subparagraph (A), the applicant may file a resubmission application to correct the reasons for disapproval. The commission must hold a public hearing on all resubmitted applications within 15 days after the date a complete resubmission application is accepted by the city. The commission shall approve the application if it finds that it adequately addresses each condition for disapproval of the previous plat application.
(4) Effect of preliminary plat approval and effective period.
(A) Approval of a preliminary plat by the commission or the subdivision administrator is not final approval of the 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 and engineering and infrastructure plans to serve the plat.
(B) All plats other than certificates of correction must be submitted for final staff review and approval by the subdivision administrator in the form of a final plat, except that the subdivision administrator may provide a certificate of approval for an administrative plat in accordance with Paragraph (8).
(C) If the perimeter boundary or any layout design element changes, or if, in the opinion of the subdivision administrator, any other feature or condition changes, the plat must be considered again as a preliminary plat by the commission or the subdivision administrator in the case of an administrative plat. If a replat must be considered again by the commission under this paragraph, new notices must be issued for a residential replat, and a new public hearing must be held.
(D) Except as provided in this subparagraph, a preliminary plat approved by the commission expires five years after the commission action date approving the plat if no progress has been made toward completion of the project in accordance with Texas Local Government Code Section 245.005. An approved minor plat, amending plat (minor), or an administrative plat expires two years after the commission action date approving the plat or within two years after the date of the subdivision administrator’s action letter approving the administrative plat if no progress has been made toward completion of the project in accordance with Texas Local Government Code Section 245.005.
(5) Action letter.
(A) Commission-approved plats. Within seven days after the commission action date, the subdivision administrator shall send an action letter to the applicant. If the commission disapproved the application, the letter must contain the reasons for disapproval. If the commission approved the application, the letter must contain all conditions of approval. The letter must contain a citation to the relevant section of the Dallas City Code or state or federal law for each reason for disapproval or condition of approval.
(B) Administrative plats. Within two days after the subdivision administrator approves an administrative plat, the subdivision administrator shall send an action letter to the applicant with all conditions of approval. The letter must contain a citation to the relevant section of the Dallas City Code or state or federal law for each condition of approval.
(6) Satisfaction of conditions required. The subdivision administrator shall endorse the administrative plat or submit the plat for endorsement pursuant to Paragraph (8) as soon as the owner has complied with the following requirements: (Any proposed change to a preliminary plat condition must be resubmitted to the commission as a preliminary plat.)
(A) All conditions to approval must be satisfied, including:
(i) On-site easements and rights-of-way must be properly described and noted on the proposed plat.
(ii) Off-site easements and rights-of-way must be dedicated by the respective owners and filed of record with the county.
(iii) All proposed easements and public right-of-way dedications created by the plat must be properly described by bearings and distances.
(iv) Approved language of easement and dedication must be stated on the final plat, executed, and properly acknowledged.
(v) All required licenses and railroad agreements must be executed by the owner, the railroad, utilities, and the city council.
(vi) All required abandonments of public rights-of-way or easements must be approved by the city council, and the abandonment ordinance numbers must be shown on the plat.
(vii) All required infrastructure plans must be approved.
(viii) All required private develop-ment contracts must be executed and approved.
(ix) All required covenants must be approved by the city and filed of record with the county.
(x) All monuments required in Section 51A-8.617 must be installed on the property.
(xi) The apportionment deter-mination pursuant to Section 51A-1.109.
(B) All required fees must be paid.
(C) All taxes assessed by the city against the property must be paid.
(D) Releases must be secured by the applicant from the department of development services, the city controller, and the city attorney.
(E) The plat must be endorsed with properly acknowledged original signatures and seals of all owners of the property and surveyors.
(F) For a plat that includes dedication of any streets or alleys, the lienholder must provide a letter of consent subordinating the lienholder’s interest to the dedicated area, and if the owner has a title insurance policy for the platted area, the policy must be updated to within ninety days prior to the date the plat is signed by the commission chair. This provision does not apply to a residential replat that meets the criteria set forth for a minor plat.
(G) All plats other than minor plats must be provided to the chief city surveyor in an electronic format approved by the geographic information systems section of the department of development services.
(7) Appeal.
(A) Adverse decisions of the subdivision administrator regarding whether a preliminary plat condition has been satisfied may be appealed to the subdivision review committee by the applicant or by the owners, as ownership appears on the last approved ad valorem tax roll, of all lots that are:
(i) within the original subdivision; or
(ii) in single-family or duplex districts and within 200 feet of the lot or lots for which the replat is requested.
The appeal must be made in writing on a form furnished by the subdivision administrator.
(B) The subdivision review committee shall render a final decision on the appeal within 21 days after the date a complete application for an appeal is made.
(C) The decision of the subdivision review committee is final unless appealed by the applicant to the commission within 7 days after the date a final decision is made.
(8) Certificate of approval.
(A) Commission-approved plats. If the subdivision administrator determines that the applicant has satisfied all the conditions and requirements of Paragraph (6), the administrator shall immediately forward the final plat to the chair of the commission, who shall endorse the final plat with a certificate indicating approval of the plat. The secretary of the commission shall attest the signature of the chair on the certificate of approval and shall, within five working days, give notice to the applicant that the certificate of approval has been signed. Notice is given by depositing the notice properly addressed and postage paid in the United States mail. The notice must be sent to the address shown on the application.
(B) Administrative plats. If the subdivision administrator determines that the applicant has satisfied all the conditions and requirements of Paragraph (6), the administrator shall endorse the final plat with a certificate indicating approval of the plat. A notary public shall attest the signature of the administrator on the certificate of approval and the subdivision administrator shall, within five working days, give notice to the applicant that the certificate of approval has been signed. Notice is given by depositing the notice properly addressed and postage paid in the United States mail. The notice must be sent to the address shown on the application.
(9) Final plat.
(A) Commission-approved plats. A final plat may be submitted only after the commission action letter regarding the preliminary plat has been received by the applicant. If engineering plans are required as a condition of approval of a preliminary plat, the final plat cannot be submitted until all engineering plans have been approved in accordance with Section 51A-8.404, to avoid the necessity of multiple submissions. All staff comments shall be forwarded to the subdivision administrator within 21 days of the routing date of the final plat. The director shall notify the applicant of the results of the review. If further modifications are required, the director may require additional submissions of the final plat and fees in accordance with the fee schedule.
(B) Administrative plats. A final plat may be submitted only after the subdivision administrator action letter regarding the administrative plat has been received by the applicant. All staff comments shall be forwarded to the subdivision administrator within 13 days after the final plat is submitted. The subdivision administrator shall notify the applicant of the results of the review. If further modifications are required, the subdivision administrator may require additional submissions of the final plat and fees in accordance with the fee schedule.
(10) Phasing of final plats. After a preliminary plat has been approved by the commission, a final plat may be submitted that includes less than all of the area shown in a preliminary plat if:
(A) the proposed phase conforms to the approved preliminary plat;
(B) the proposed phase meets all conditions of approval of the preliminary plat;
(C) the proposed phase provides a logical progression of development;
(D) the proposed phase being submitted could function as an independent development even if no other phases were ever submitted or approved;
(E) enough area remains outside the phase, but within the boundaries of the preliminary plat, to independently satisfy the minimum zoning requirements of the property;
(F) the area outside the phase has at least the minimum frontage required; and
(G) all fees have been paid in accordance with the fee schedule.
(b) Replatting.
(1) Replatting without vacating preceding plat. A replat of a subdivision or part of a subdivision that does not meet the amending plat (minor) criteria in Subsection 51A-8.403(c)(1)(A) and (B) may be recorded and is controlling without vacating the preceding plat if the replat:
(A) is signed and acknowledged by the owners of the property being replatted;
(B) is approved after a public hearing on the matter by the commission;
(C) does not amend or remove any covenants or restrictions; and
(D) meets all requirements of the plat approval process in Subsection (a).
(2) Residential replat. In addition to compliance with Paragraph (1), a residential replat without vacating the preceding plat must comply with the requirements of this subsection if:
(A) 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
(B) any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot.
(3) Notice and protest for a residential replat.
(A) Notice. Before the 15th day before the date of the public hearing, notice of the required public hearing on a replat must be:
(i) published in an official newspaper or a newspaper of general circulation in the county in which the municipality is located; and
(ii) mailed, along with a copy of the required provisions of state law, to the owners, as ownership appears on the last approved ad valorem tax roll, of all lots that are within 200 feet of the lot or lots for which the replat is requested, and are:
(aa) within the original subdivision;
(bb) in single-family, town-house, or duplex districts; or
(cc) shown on the zoning map to be restricted to single-family, townhouse, or duplex use.
(B) Protest.
(i) In general. If the proposed replat requires a variance and 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, protest the replat in accordance with state law, the commission may approve the proposed plat only upon the affirmative vote of at least three-fourths of the members present of the commission. A protest must be filed with the commission before the close of the public hearing at which the plat is to be considered.
(ii) Form of protest. A protest must be in writing and, at a minimum, contain the following information:
(aa) A description of the property at issue by address or lot number.
(bb) The names of all persons protesting the proposed replat.
(cc) A description of the area of lots or land owned by the protesting parties that is immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision.
(dd) The mailing addresses of all persons signing the protest.
(ee) The date and time of its execution.
(ff) The protest must bear the original signatures of all persons required to sign under this paragraph.
(C) Who must sign.
(i) A protest must be signed by the owner of the property in question, or by a person authorized by power of attorney to sign the protest on behalf of the owner. If the property is owned by two or more persons, the protest must be signed by a majority of the owners, or by a person authorized by power of attorney to sign the protest on behalf of a majority of the owners, except that in the case of community property, the city shall presume the written protest of one spouse to be the protest of both.
(ii) In the case of property owned by a corporation, the protest must be signed by the president, a vice president, or by an attorney in fact authorized to sign the protest on behalf of the corporation. In the case of property owned by a general or limited partnership, the protest must be signed by a general partner or by an attorney in fact authorized to sign the protest on behalf of the partnership.
(iii) Lots or land subject to a condominium regime are presumed to be commonly owned in undivided interests by the owners of all condominium units and under the control of the governing body of the condominium. For such lots or land to be included in calculating the lots or land area protesting a replat, the written protest must state that the governing body of the condominium has authorized a protest in accordance with procedures required by its bylaws, and that the person signing the protest is authorized to act on behalf of the governing body of the condominium. A written protest signed by the owner of an individual condominium unit shall not be accepted unless the filing party produces legal documents governing the condominium which clearly establish the right of an individual owner to act with respect to his or her respective undivided interest in the common elements of the condominium.
(D) When signatures must be acknowledged.
(i) Except as otherwise provided in this subparagraph, all signatures on a written protest must be acknowledged before a notary public.
(ii) A signature on an original reply form sent by the city to the mailing address of the property owner need not be acknowledged.
(iii) A signature on a protest delivered in person by the person signing need not be acknowledged if its reliability is otherwise established to the satisfaction of the subdivision administrator. In such a case, a summary of the evidence of reliability considered by the subdivision administrator must be endorsed on the protest by the subdivision administrator.
(E) Presumptions of validity.
(i) In all cases where a protest has been properly signed pursuant to this paragraph, the city shall presume that the signatures appearing on the protest are authentic and that the persons or officers whose signatures appear on the protest are either owners of the property or authorized to sign on behalf of one or more owners as represented.
(ii) In cases of multiple ownership, the city shall presume that a properly signed protest, which on its face purports to represent a majority of the property owners, does in fact represent a majority of the property owners.
(iii) The presumptions in this subparagraph are rebuttable, and the city attorney may advise the commission that a presumption should not be followed in a specific case based on extrinsic evidence presented.
(F) Conflicting instruments. In the event that multiple protests and withdrawals are filed on behalf of the same owner, the instrument with the latest date and time of execution controls.
(c) Administrative plat process.
(1) Delegation of authority to subdivision administrator. The subdivision administrator may approve the following administrative plats as authorized by Texas Local Government Code Section 212.0065(a)(1) and (2) and this article:
(A) An amending plat (minor) that is filed only for one or more of the following:
(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 an error in a real property description shown on the preceding plat.
(iv) To indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments.
(v) To 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.
(vi) To 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.
(vii) To correct an error in courses and distances of lot lines between two adjacent lots if:
(aa) both lot owners join in the application for amending the plat;
(bb) neither lot is abolished;
(cc) the amendment does not attempt to remove recorded covenants or restrictions; and
(dd) the amendment does not have a material adverse effect on the property rights of the other owners in the plat. In this provision, material adverse effect means a significant and unwanted or negative result on the property rights of other owners in the plat.
(B) An amending plat (minor) that is not in a residential district and that is filed only for one or more of the following:
(i) To relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement if the amendment does not increase or decrease the number of lots.
(ii) To relocate one or more lot lines between one or more adjacent lots 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; and
(cc) the amendment does not increase or decrease the number of lots.
(iii) To replat one or more lots fronting on an existing street if:
(aa) the owners of all the 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 or decrease 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.
(C) A minor plat involving four or fewer lots fronting on an existing street, that is not in a residential district, and that does not require the creation of any new street or the extension of municipal facilities.
(2) A certificate of correction may be used to make the corrections listed in Subparagraph (1)(A), unless the subdivision administrator determines that a sketch is needed for clarity, in which case an amending plat must be submitted. A certificate of correction must be certified by a registered professional surveyor in a form approved by the chief city surveyor.
(3) Except as provided in this subsection, notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an administrative plat.
(d) Vacation plat.
(1) Any plat may be vacated upon application of the owners of the land in accordance with state law and this article.
(2) A vacation plat must be approved by the commission.
(3) An approved vacation plat must be recorded with the vacated plat and operates to destroy the effect of recording the vacated plat and to divest all public rights to the streets, alleys, and other public areas laid out or described in the vacated plat.