Dallas City Zoning Code
ARTICLE VIII
PLAT REGULATIONS.
Division 51A-8.300. RESERVED.
(Ord. 23384)
SEC. 51A-8.101. TITLE.
This article is known as the plat regulations of the city of Dallas. (Ord. Nos. 20092; 23384)
SEC. 51A-8.102. POLICY.
(a) It is the policy of the city of Dallas to subject the subdivision, platting, replatting, and development of land to the control of the city pursuant to the city charter, state law, and all other rules, regulations, and policies the city may adopt.
(b) To be platted, land must be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace.
(c) Land must not be platted until proper provision has been made for paving, drainage, water, wastewater, public utilities, capital improvements, parks, recreation facilities, and rights-of-way for streets, transportation facilities, and improvements.
(d) These regulations supplement and are intended to facilitate the enforcement of the provisions and standards of this code, state law, and all other rules, regulations, and policies which the city may adopt. (Ord. Nos. 20092; 23384)
SEC. 51A-8.103. PURPOSE.
The regulations of this article are established in accordance with the city charter and state law for the purposes stated in Section 51A-1.102 of this chapter and in order to:
(a) protect and provide for the public health, safety, and general welfare of the city;
(b) guide the future growth and development of the city;
(c) guide public policy and action in order to provide adequate and efficient transportation, streets, storm drainage, water, wastewater, parks, and open space facilities;
(d) provide for the proper location and width of streets and building lines;
(e) establish reasonable standards of design and procedures for platting in order to promote the orderly layout and use of land, and to insure proper legal descriptions and monumenting of platted land;
(f) insure that public infrastructure facilities required by city ordinance are available with sufficient capacity to serve the proposed plat before issuance of a certificate of occupancy or release of utility connections or final inspection within the boundaries of the plat;
(g) provide that the cost of public infrastructure improvements that primarily benefit the tract of land being platted be borne by the owners of the tract in accordance with applicable laws; and
(h) prevent the pollution of air, streams, and ponds by assuring the adequacy of drainage facilities and by safeguarding the escarpment, flood plains, and the water table. (Ord. Nos. 20092; 21186; 23384)
SEC. 51A-8.104. FUNCTION OF COMMISSION.
(a) Except administrative plats, the commission shall approve or disapprove plats, subdivisions, and replats of land within the corporate limits and extraterritorial jurisdiction of the city. If a plat conforms to this article, the state law, and all other rules and regulations pertaining to the platting of land, the commission shall endorse its approval upon the plat.
(b) The rules and regulations of the commission must provide for a subdivision review committee for the purpose of reviewing appeals of conditions recommended by the city staff, refusal to approve an administrative plat by the subdivision administrator, and appeals from the subdivision administrator regarding satisfaction of preliminary plat conditions. (Ord. Nos. 20092; 23384; 26529)
SEC. 51A-8.105. JURISDICTION.
This article applies to all plats, as defined in Division 51A-8.200, located within the corporate limits, and within the extraterritorial jurisdiction of the city to the full extent allowed by state law. (Ord. Nos. 20092; 23384)
SEC. 51A-8.201. DEFINITIONS.
The following definitions apply to this article:
(1) ABANDONMENT means the legal process by which property rights in land dedicated to public use may be terminated.
(2) ACCELERATION/DECELERATION LANE means a lane added to the side of a street to facilitate ingress to and egress from adjacent property and to help maintain traffic flow in the travel lanes of the street.
(3) ACCESS WAY means an area on private property used by vehicular traffic for access to and from streets.
(4) ACCESS WIDTH means the minimum lot frontage necessary to accommodate a driveway and its return.
(5) ACRE includes fraction of an acre.
(5.1) ADMINISTRATIVE PLAT means an amending plat (minor), a certificate of correction, or a minor plat involving four or fewer lots, that satisfies the requirements of Section 51A-8.403(c).
(6) ALL WEATHER ACCESS means access paved with a cohesive paving material that holds its form when subjected to vehicular traffic and the normal variation of weather conditions experienced in the city of Dallas.
(7) AMENDING PLAT (MAJOR) means a plat changing a previously approved and recorded plat in accordance with Texas Local Government Code Section 212.016 that may increase or decrease the number of lots.
(8) AMENDING PLAT (MINOR) means a plat changing a previously approved and recorded plat in accordance with Texas Local Government Code Section 212.016 that does not increase or decrease the number of lots.
(9) BARRIER-FREE SIDEWALK means a sidewalk designed using ramps, curb transitions, and additional sidewalk width to facilitate use by persons in wheel chairs.
(10) CERTIFICATE OF CORRECTION means an amending plat (minor) in the form of a document used to make a correction to a recorded plat in cases where a sketch is not needed for clarity, as determined by the subdivision administrator.
(11) COMMISSION means the city plan commission of the city of Dallas.
(12) CONDITIONS OF APPROVAL mean conditions imposed on a plat by the commission that must be satisfied before the subdivision administrator may submit a plat for endorsement by the commission chair.
(13) CORNER CLIP means an area consisting of the triangular extension of street right-of-way at intersections of streets. This area is used for curb returns, utilities, barrier-free ramps, and other public facilities.
(14) COVENANT means an agreement in writing that touches and concerns real property platted or developed under this chapter, executed as required by law, in which a party pledges that something shall be done or shall not be done. A covenant is binding on successors in title to the real property that is the subject of the covenant.
(15) CUL-DE-SAC means an area of circular pavement constructed at the end of a dead-end street to facilitate vehicular access and turnaround.
(16) DEAD-END STREET OR ALLEY means a street or alley having right-of-way or pavement that terminates abruptly at one end without intersecting another street.
(17) DETENTION AREA means an area which temporarily stores stormwater runoff and discharges that runoff at a reduced rate.
(18) DEVELOPER means the owner of the property or the person authorized by the owner to develop the property.
(19) DIVIDED THOROUGHFARE means a street on the thoroughfare plan with travel lanes divided by a median.
(20) DRIVEWAY means a private drive on private property used for vehicular access and maneuvering.
(21) DRIVEWAY APPROACH means a paved connection from a street to a driveway or access way.
(22) DUPLEX LOT means a lot in a duplex D(A) zoning district or a lot in an identifiable duplex component of a planned development district.
(23) ENGINEERING PLANS mean drawings and specifications, including paving, storm water drainage, water, wastewater, or other required plans, submitted to the department of sustainable development and construction or the water utilities department for review in conjunction with a plat.
(24) ESTATE IN EXPECTANCY means an interest in property that is not yet in possession, but the enjoyment of which is to begin at a future time.
(25) FINAL PLAT means a plat that will be signed by the commission chair upon satisfaction of all conditions of approval and all other requirements of this article, and will be effective once it is filed with the county clerk.
(26) FLOODWAY means a drainage area designated on a plat to accommodate the design flood as defined in Article V of this chapter.
(27) FLOODWAY EASEMENT means an easement dedicating a drainage area to the city for control and maintenance of a flood plain.
(28) FLOODWAY MANAGEMENT AREA means a drainage area dedicated in fee simple to the city for control and maintenance of a flood plain.
(29) INFRASTRUCTURE means all streets, alleys, sidewalks, storm drainage facilities, water and wastewater facilities, utilities, lighting, transportation, and any other facilities required by law to adequately serve and support development.
(30) MEDIAN OPENING means a gap in a median allowing vehicular passage through the median.
(31) MINOR PLAT means a plat that meets both of the following requirements:
(A) The area proposed for platting must not exceed five acres in size for residential zoning districts (single family, duplex, and townhouse) and three acres in size for all other zoning districts; and
(B) The proposed plat must not require any public infrastructure. For example: the plat may not contain any new streets or alleys; it must abut an approved public or private street of adequate width as specified in Section 51A-8.604(c) or the Thoroughfare Plan for the city of Dallas; adequate water, wastewater, paving, and drainage improvements must already exist to serve the proposed plat; and any existing improvements which are to remain must meet all setback requirements and must not be divided by a proposed lot line or setback line.
(32) MONUMENT means a permanent structure set on a line to define the location of property lines, important horizontal plat control points, and other important features on a plat.
(33) NONSTANDARD MATERIALS mean any materials not specified in the Standard Construction Details of the department of transportation and public works or the North Central Texas Standard Specifications for Public Works Construction of the North Central Texas Council of Governments.
(34) OPEN SPACE, IMPROVED means open space containing structures or improvements, including but not limited to hike and bike trails.
(35) OPEN SPACE, UNIMPROVED means open space containing no buildings, fences, or other structures above or below grade.
(36) OWNER means the fee simple owner of property, or the owner’s representative when authorized by a power of attorney, corporate resolution, or other appropriate document.
(37) PARKWAY means the area between the outside edge of street pavement and the street right-of-way lines abutting other public or private property.
(38) PERMANENT DEAD-END STREET means a street or alley which cannot or will not be extended to another street in the foreseeable future.
(39) PHASE means a portion of an approved preliminary plat that receives final plat approval and is developed before or during the time the owner submits the final plat on the remainder of, or on another phase of, the area shown on the preliminary plat.
(40) PLAT means the graphic presentation of one or more lots or tracts of land, or of a subdivision, resubdivision, combination, or recombination of lots or tracts.
(41) PLAT RELEASE means approval by a department to verify that those conditions of approval required by that department have been satisfied before the final plat is endorsed by the commission chair.
(42) PRELIMINARY PLAT means the initial plat proposed by the applicant, which is reviewed by city staff and presented by staff to the city plan commission for consideration. If the commission determines that approval subject to conditions is appropriate, the subdivision administrator ensures that those conditions are met before the plat is finalized for endorsement by the commission chair.
(43) PRIVATE DEVELOPMENT CONTRACT means a contract between a developer and a contractor for the construction of infrastructure that is to be dedicated to the public.
(44) PRIVATE STREET means a privately owned street that is required by this article to meet the same standards as a street dedicated to public use.
(45) REPLAT means a plat changing a previously approved and recorded plat that is not an amending plat (minor) or an amending plat (major).
(46) RESIDENTIAL REPLAT means a replat without vacation of the preceding plat for property: (a) any part of which was limited during the preceding five years by an interim or permanent zoning classification to residential use for not more than two residential units per lot; or (b) that contains a lot in the preceding plat that was limited by deed restrictions to residential use for not more than two residential units per lot.
(47) SIDEWALK means a paved area dedicated to the public for pedestrian use.
(48) SINGLE FAMILY LOT means a lot in a single family zoning district, or a lot in an identifiable single family component of a planned development district.
(49) STREET CENTERLINE OFFSET means the distance between the centerlines of two more or less parallel streets measured along the centerline of an intersecting street.
(50) SUBDIVISION means land included within the boundaries of an original plat, or any of the following for the purpose of creating a building site for land development or transfer of ownership:
(A) The division of property into two or more parts.
(B) The combination of lots or tracts into one or more parts.
(C) The redivision or recombination of lots or tracts.
(51) SUBDIVISION ADMINISTRATOR means the city staff employee designated by the city manager to supervise the platting and subdivision process.
(52) TEMPORARY DEAD-END STREET means a street that is planned to or can feasibly be extended in the foreseeable future to another street.
(53) TOWNHOUSE LOT means a lot in a townhouse TH(A) zoning district, or a lot in an identifiable townhouse component of a planned development district.
(54) TRAFFIC BARRIER means a physical barrier that prevents the indiscriminate and unauthorized crossing of traffic between a street or alley and a thoroughfare. Examples of traffic barriers include a series of posts connected by a cable or chain, a deep beam highway guard rail, or a New Jersey barrier-type wall on an engineered foundation.
(55) VACATION means the legal process by which unimproved, platted land, no part of which the city has accepted as a dedication for public use, may be returned to the legal status of being a parcel of unplatted land.
(56) WATER FACILITIES mean the infrastructure required to deliver potable water to property.
SEC. 51A-8.401. WHEN PLATTING IS REQUIRED.
Platting is required:
(a) To create a building site. Platting is required to create a building site pursuant to Section 51A-4.601(a)(1) of this chapter.
(b) To subdivide land. Platting is required to divide a lot or tract into two or more parcels for development of the parcels. Pursuant to the authority granted by Section 212.0045 of the Local Government Code to provide exceptions to state law platting requirements, the city of Dallas shall not require platting to divide property for transfer of ownership through a metes and bounds description unless and until a building permit is requested for the property to be developed as a separate building site. Unless a separate building site has otherwise been established as provided in Section 51A-4.601, a conveyance of property accomplished through a metes and bounds description without platting will not be recognized as a separate building site, nor will the lines of ownership be recognized for purposes of determining development rights on the parcel conveyed without platting.
(c) To combine lots or tracts. Platting is required to combine two or more lots or tracts into one lot.
(d) To amend a plat. Platting is required if property is to be developed in a manner inconsistent with an existing plat.
(e) To include vacated and abandoned property. Platting is required to incorporate property that has been vacated or abandoned into a legal building site.
(f) To correct errors. Platting is required to correct an error on an approved and recorded plat.
(g) To develop a planned development district. A preliminary plat must be submitted at the same time as the development plan for a planned development district. The subdivision administrator and the director shall coordinate the commission review of the preliminary plat and the development plan in accordance with Section 51A-4.702. (NOTE: If the property included in a development plan application has been previously platted or a building site otherwise exists under Section 51A-4.601, this requirement does not apply.)
(h) To establish a shared access development. Platting is required to establish a shared access development as provided in Section 51A-4.411. (Ord. Nos. 20092; 23384; 24270; 24731; 24843)
SEC. 51A-8.402. PLATTING OF STREET RIGHT-OF-WAY PROHIBITED.
Platting street right-of-way without platting adjacent property to be served by the street is prohibited unless the director of development services and the chief planning officer recommend platting the right-of-way because a graphic representation of the right-of-way is needed to facilitate thoroughfare or local street planning. (Ord. Nos. 20092; 22026; 23384; 28424; 29478; 32002)
SEC. 51A-8.403. PLATTING PROCESS.
(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.
SEC. 51A-8.404. ENGINEERING PLAN APPROVAL PROCEDURE.
(a) Generally. A person seeking approval of engineering plans for infrastructure must not submit those plans until a preliminary plat has been approved for the property which the infrastructure is to serve. After approval of the preliminary plat, plans for the infrastructure must be submitted to the department. The director shall review the plans submitted under this section for completeness.
(b) Contents of engineering plans. Plans submitted must include the following:
(1) All required fees.
(2) A completed private development checklist on a form provided by the department. The form must be signed by the professional engineer responsible for the plans.
(3) A completed fee receipt on a form approved by the director.
(4) Two blueline prints of the approved preliminary plat.
(5) Two sets of infrastructure plans.
(6) A copy of any specific use permit or planned development district ordinance regulating the property.
(7) A copy of any deed restrictions regulating the property in which the city of Dallas is an enforcing party.
(c) Staff review of engineering plans. All affected divisions of the department shall review the engineering plans against the established criteria and forward their comments to the director. Changes or corrections in the design or right-of-way requirements must be itemized and forwarded, in writing, to the responsible engineer and the owner as those persons are reflected on the private development checklist.
(d) Required off-site easements. If off-site easements or rights-of-way are required to accomplish the construction shown in the engineering plans, field notes describing the easements or rights-of-way, sketches showing the required easements or rights-of-way, copies of recorded deeds for all affected property, and agreements from the owners of the off-site property must be submitted before approval of the plans. The agreements are acceptable only if they are from the current owners and were executed less than one year before the time they are submitted.
(e) Director action. The director shall approve, approve with conditions, or disapprove engineering plans within 30 days after the date a complete application is filed under Subsection (b). The director shall not approve engineering plans that do not comply with the requirements of this article, the Dallas City Code, or state and federal law.
(f) Action letter. The director shall send an action letter to the applicant within 30 days after the date a complete application is filed under Subsection (b). If the director disapproved the engineering plans, the letter must contain the reasons for disapproval. If the director approved the engineering plans, 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.
(g) Resubmission application.
(1) If the director approves an engineering plan with conditions or disapproves an engineering plan under Subsection (e), the applicant may file a resubmission application to address the conditions for approval or correct the reasons for disapproval. If the director determines that the application is complete, the director shall accept it and route it to all affected departments. If the director determines that the application is incomplete, the director shall return it to the applicant with a description of its deficiencies. If the director determines that the resubmitted engineering plan contains changes that are not required to address the conditions of approval or reasons for disapproval, or that the resubmitted application creates new conditions that do not comply with this article, the Dallas City Code, or state or federal law, the director shall reject the application and the applicant must submit a new engineering plan application. The director must approve, approve with conditions, or disapprove all resubmitted applications within 15 days after the date a complete resubmission application is accepted by the city. The director shall approve the application if he finds that it adequately addresses each condition for approval or reason for disapproval of the previous engineering plan application.
(2) The resubmission engineering plan application must contain all required fees and the following unless the director determines that an item listed is not applicable and may be omitted:
(A) A copy of the conditionally approved or previously disapproved engineering plan.
(B) A copy of the action letter sent by the director.
(C) An explanation of corrections made on the resubmitted engineering plan to bring the plan in to compliance with the provisions of the Dallas City Code and state or federal law cited in the disapproval letter sent by the director.
(D) All information required in Subsection (b)(2) through (7).
(h) Infrastructure plans approval. Upon approval of the infrastructure engineering plans, the applicant shall be notified by the director and advised of the documents needed to secure a final release from the department.
(i) Extension of infrastructure plan approval. An extension of the approval of the street paving, storm drainage, bridge, and culvert plans will be considered upon a formal request by the owner to the director of development services. Six-month extensions may be granted only if the conditions surrounding the plat, as well as the standards, criteria, and requirements listed in Section 51A-8.601 do not require a redesign of the infrastructure improvements. (Ord. Nos. 20092; 23384; 25047; 28073; 28424; 31394; 32002)
SEC. 51A-8.405. APPORTIONMENT OF EXACTIONS AND PARK LAND DEDICATION.
(a) See Section 51A-1.109 for regulations and procedures concerning apportionment of exactions.
(b) See Division 51A-4.1000 for regulations and procedures concerning park land dedication. (Ord. Nos. 26530; 30934)
SEC. 51A-8.501. COMPLIANCE WITH ZONING.
(a) Except as otherwise provided in Subsection (c), all plats must be drawn to conform to the zoning regulations currently applicable to the property. If a zoning change is contemplated for the property, the zoning change must be completed before the approval of any final plat of the property. A plat submission reflecting a condition not in accordance with the zoning requirements must not be approved by the commission until any available relief from the board of adjustment has been obtained.
(b) Except as otherwise provided in Subsection (c), no plat or replat may be approved which leaves a structure located on a remainder lot.
(c) Subsections (a) and (b) do not apply to a parcel, lot, or remainder lot that constitutes or is a part of a building site established pursuant to Section 51A-4.601(a)(5), (6), or (7) of this chapter. (Ord. Nos. 20092; 23384; 25809)
SEC. 51A-8.502. DESIGNATION OF ABANDONED, FRANCHISED, OR LICENSED PROPERTY.
(a) Indication of abandonment. Any abandoned public right-of-way that is to be incorporated into a platted lot must be indicated by a dashed line on the plat. The ordinance number for the ordinance abandoning the property must be reflected on the plat. Incorporation of property improperly abandoned is prohibited.
(b) Indication of franchise or license. Any franchise or license agreements affecting the property must be indicated on the plat.
(c) Estate in expectancy. Any property dedicated to the city as an estate in expectancy must be clearly indicated graphically, and labeled on the plat.
(d) Revocation of offer to dedicate through platting. Property previously offered for public dedication by the filing of a plat but not developed in any manner may be revoked through the filing of a replat of the property or a vacation plat if:
(1) the dedicated property was never used for the public purpose indicated on the plat dedicating the property or for utility or communication facilities; and
(2) no formal acceptance of the dedication was made by the city council or any city department. (Ord. Nos. 20092; 23384)
SEC. 51A-8.503. LOTS.
(a) Residential lot size. The size of each platted lot must comply with the minimum regulations for the zoning district in which the lot is located. Lots must conform in width, depth, and area to the pattern already established in adjacent areas, having due regard to the character of the area, its particular suitability for development, and taking into consideration the natural topography of the ground, drainage, wastewater facilities, and the proposed layout of streets.
(b) Frontage.
(1) All lots must front upon either a dedicated public street or a private street, unless this requirement is waived by an ordinance establishing a planned development district in which adequate access is provided by access easement. Platted lots may front upon a private street only if that street has been approved in accordance with the requirements of this chapter.
(2) For the purposes of this subsection:
(A) the frontage of a lot is the length of the lot’s intersection with a public or private street right-of-way line; and
(B) all of the property in a shared access development is considered to be one lot.
(3) Except in planned development districts, the minimum frontage requirement is 10 feet. The minimum frontage requirement for a planned development district is 10 feet unless otherwise provided in the ordinance establishing the district.
(4) If four or more single family, townhouse, and duplex lots share a private driveway, a private driveway easement must be provided. The private driveway easement must provide a minimum access width of 20 feet with a flare to 30 feet at its intersection with the curb line of a minor street, and a flare to 40 feet at its intersection with the curb line of a thoroughfare. The private driveway access easement need not be exclusive to a particular lot, but must be indicated on the plat, and must have direct access to a dedicated public street or a private street approved in accordance with this chapter. No more than four lots may share a private driveway access easement unless, upon recommendation from the director and the chief planning officer, the commission finds that the extraordinary topography or shape of the property unduly limits the development potential of the property, and that the proposed development is consistent with the spirit and intent of this chapter. The shared access area in a shared access development is not subject to this paragraph.
(5) Single family, duplex, or townhouse lots having frontage on two opposite sides are prohibited unless the commission finds that this design is essential to provide proper orientation of residential lots to thoroughfares. Shared access developments may have frontage on two opposite sides.
(c) Residential access to thoroughfares. Where single family, townhouse, or duplex lots abut a divided thoroughfare, driveway access to the thoroughfare is prohibited unless, upon recommendation of the director and the chief planning officer, the commission finds that the extraordinary topography or shape of the property unduly limits the development potential of the property, and the proposed development is consistent with the spirit and intent of this chapter. If the commission permits access under this subsection, the traffic barrier otherwise required in Section 51A-8.618 is waived.
(d) Municipal boundary lines. Plats divided by municipal boundary lines must be approved by the appropriate body of each affected municipality to be effective. Any building permit issued based on a plat divided by a municipal boundary line is void if the requisite approval has not been obtained.
(e) Lot lines and existing structures.
(1) No plat may be approved if an existing improvement on the property would encroach upon a proposed lot line or setback line, unless the existing improvement is to be removed or relocated, or unless the encroachment is authorized by the Dallas Building Code.
(2) No plat may be approved if the location of a proposed lot line would create a structure not in strict compliance with the Dallas Building Code, as amended, or the Dallas Development Code, as amended, unless the existing structure is to be removed, relocated, or altered to comply.
(3) Notwithstanding Paragraphs (1) and (2), dedications for public infrastructure may be accomplished even if a structure encroaches, provided appropriate language is executed to convey an estate in expectancy. (Ord. Nos. 20092; 21186; 23384; 24731; 25047; 28073; 29478
; 31394)
SEC. 51A-8.504. BLOCKS.
(a) Block length. Block lengths in plats for single family lots should not exceed 1200 feet measured from block corner to block corner. The length may be extended if, upon recommendation from the director and the chief planning officer, the commission finds that the extraordinary topography or shape of the property unduly limits the development potential of the property, and that the proposed development is consistent with the spirit and intent of this chapter.
(b) Other considerations. Block length and width must be designed to accommodate the type of use anticipated and must provide for safe and convenient access and circulation. Block design must take into account the physical characteristics of the topography. (Ord. Nos. 20092; 23384; 25047; 28073; 29478)
SEC. 51A-8.505. BUILDING LINES.
(a) Building lines that establish a minimum front, side, or rear yard setback greater than the current zoning setback requirements, building lines for lots that border a natural creek channel, and building lines established by Section 51A-4.401(a)(3) must be shown on the plat.
(b) A building line may establish a minimum front, side, or rear yard setback greater than the minimum front yard setback required by zoning regulation only if the building line is part of a plan for the orderly development of a subdivision. Except as provided in Section 51A-8.510, a building line may not establish a minimum front, side, or rear yard setback less than the minimum front, side, or rear yard setback required by zoning regulation. The building line for lots that border a natural creek channel must provide the setback required by Section 51A-5.106. No other building lines may be shown on the plat.
(c) If an existing platted building line establishes a minimum front, side, or rear yard setback greater than the minimum front, side, or rear yard setback required by zoning regulation, relief from the platted building line must be sought through a replat submitted to the commission. The commission may approve a relocation or removal of the platted building line with a minimum front, side, or rear yard setback greater than required by zoning regulation only:
(1) upon the affirmative vote of at least three-fourths of the commission members present; and
(2) if the commission finds that relocation or removal of the platted building line will not:
(i) require a minimum front, side, or rear yard setback less than required by zoning regulation;
(ii) be contrary to the public interest;
(iii) adversely affect neighboring properties; and
(iv) adversely affect the plan for the orderly development of the subdivision.
(d) If relief is sought from the minimum front, side or rear yard setback required by zoning regulation, approval must be obtained from the board of adjustment.
(e) A building line platted and recorded prior to December 13, 2006, indicating that a front yard setback has been reduced remains enforceable. Removal of the platted building line may be sought through a replat that complies with this section.
(f) The subdivision administrator may not approve an administrative plat that adds, moves, or removes a building line. (Ord. Nos. 20092; 23384; 26529; 26531)
SEC. 51A-8.506. STREET LAYOUT.
(a) Generally. Streets must be designed in relation to the thoroughfare plan, existing and proposed streets, the terrain, streams, and other physical conditions. The arrangement of streets must provide for the continuation of streets between adjacent properties when the continuation is necessary for the safe and efficient movement of traffic, or for utility efficiency. Minor streets should be oriented in a manner that discourages their use by through traffic, and to allow efficient drainage systems, utility systems, and general street improvements. All streets must be designed and constructed in accordance with this section and Section 51A-8.604.
(b) Dead-end streets.
(1) Temporary dead-end streets. If adjacent property is undeveloped and a street must terminate temporarily, the right-of-way must extend to the boundary of the plat. When a temporary dead-end street is shown on a plat, a temporary circular or “T” shaped turnaround must be provided and shown as an easement on the subdivision plat, and must be indicated on the plat by dotted lines. No turnaround is required if the street is 150 feet or less in length, measured from the intersection of the street right-of-way lines with the subdivision boundary to the street’s intersection with a through street. All temporary turnarounds are subject to approval by the director.
(2) Permanent dead-end streets.
(A) Except as otherwise provided in this paragraph, if a permanent dead-end street is created within a proposed plat, a circular turnaround or other approved turnaround must be provided. The minimum radius for the circular turnaround is 50 feet for the right-of-way and 43.5 feet for the pavement measured to the back of the curb. The length of permanent dead-end streets must not exceed 600 feet, measured along the centerline from the block corner to the center of the cul-de-sac. The length of a permanent dead-end street may be extended upon recommendation of the director and the chief planning officer if they find that the extraordinary topography or shape of the property unduly limits the development potential of the property, and that the proposed development is consistent with the spirit and intent of this chapter.
(B) A waiver to the requirement of a turnaround for a dead-end street may be obtained from the director and the chief planning officer only upon their determination that a turnaround is not needed to serve the traffic on the street or otherwise needed to protect the public interest.
(c) Intersections. The following regulations govern the alignment of intersections:
(1) All streets must intersect as close to a right angle as permitted by topography or other natural physical conditions. A street must not intersect with another street or railroad at an angle of more than 105 degrees or less than 75 degrees.
(2) The intersection of two streets must not be located within 100 feet of a railroad right-of-way if one of the streets crosses the railroad right-of-way at grade. This 100 foot separation is measured from the nearest point of the intersection of the street right-of-way and the nearest point of the railroad right-of-way.
(3) A driveway or alley approach must not be located within 100 feet of a railroad right-of-way.
(4) An intersection must not have more than four street approaches.
(5) Proposed intersections along one side of an existing cross street must, wherever practical, align with existing intersections on the opposite side of the cross street. Street centerline offsets of less than 150 feet are not permitted unless the cross street is divided by a median without openings at either intersection.
(6) If served by a median opening, minor streets that intersect divided thoroughfares must be spaced at least 360 feet apart, measured from centerline to centerline unless otherwise approved by the traffic engineer.
(d) Private streets. If a private street is indicated in the street layout, it must be designed and constructed in accordance with this section and Section 51A-8.604.
(e) Street names. The naming of public or private streets created through the platting process is the responsibility of the applicant. Street names must conform to the standards for street names contained in Division 51A-9.300 of this chapter. All proposed street names must be reviewed by the fire department, the department of development services, and the police department before consideration by the commission. (Ord. Nos. 20092; 21186; 23384; 25047; 28073; 28424; 29478; 31314; 32002)
SEC. 51A-8.507. ALLEYS.
(a) When required. Alleys are required only in residential zoning districts, and then only when required under Section 51A-8.604 based on accommodation of street pavement width and zoning density. Alleys must provide continuous vehicular access regardless of zoning.
(b) Regulations. All alleys must meet the following standards:
(1) Alleys must have a minimum right-of-way of 15 feet in width.
(2) Alley right-of-way must not exceed 20 feet in width.
(3) Alleys must consist of at least 10 feet of pavement.
(4) Permanent dead-end alleys are not allowed unless all access is prohibited between the alley and public rights-of-way. Alleys must either intersect with a dedicated public or private undivided street or an existing alley. If a dead-end alley is shown on a proposed plat, an approved turnaround must be provided unless a waiver is obtained from the director and the chief planning officer. A waiver is permitted only if the director and the chief planning officer determine a turnaround is not necessitated by the amount of traffic on the alley, nor otherwise needed to protect the public interest.
(5) Alleys must function without reliance on fire lanes or access easements. An alley must provide vehicular access from a dedicated public right-of-way or easement to another dedicated public right-of-way along pavement which is all within dedicated public right-of-way.
(6) Alleys adjoining and parallel to divided thoroughfares must be separated from the thoroughfare by a traffic barrier in accordance with Section 51A-8.618 of this article.
(7) Dedications for an alley are required as provided in Section 51A-8.604(c). Where an alley intersects a street, a 15-foot visibility triangle (alley sight easement) is required. Measurements are taken along the property line.
(8) Alleys must be designed and constructed according to the requirements of the Street Design Manual and the Standard Details for Public Works Construction of the department of transportation and public works.
(c) Private alleys. If a private alley is indicated, it must be designed and constructed in accordance with all of the requirements in this section, and must be labeled as a private alley on the proposed plat. Easements for utilities and franchises must be dedicated in private alleys under the same circumstances and in the same manner as required for private streets pursuant to Section 51A-8.610
. (Ord. Nos. 20092; 23384; 25047; 28073; 28424; 29478; 30239
; 30654; 31314
; 32864
)
SEC. 51A-8.508. PARKS AND COMMON AREAS.
(a) Generally. If any portion of property subject to a plat application qualifies as a prospective park site pursuant to the standards and guidelines contained in the Long Range Physical Plan for Park and Recreational Facilities, the director of parks and recreation must be notified and given an opportunity to negotiate for the acquisition of the property by the city before a final plat is approved. If the applicant elects to make a commitment to sell that portion of the property to the city, he may designate the portion as a reservation for park use if the following requirements are met:
(1) The portion is of a suitable size, dimension, topography, and general character for its intended purpose.
(2) Adequate access to the portion is provided.
(3) The dimensions of the portion are clearly identified on the plat.
(4) Any development shown on the portion complies with the standards of the park and recreation department.
(b) Proper access. Land reserved for recreation sites and parks is considered to have proper access and visibility if:
(1) the property has frontage of at least 100 feet on an improved public street; or
(2) the property has a high degree of visibility and has paved public vehicular access to an improved public street. The paved access must be at least 20 feet in width and must comply with the construction standards of the department of transportation and public works.
(c) Utilities. Water, wastewater, and electrical facilities must be provided to the perimeter of the site.
(d) Common areas. Areas retained in private ownership but intended for the benefit of the owners of lots in the plat must be shown as common areas on the plat. A permanent maintenance plan must be approved for the area before release of the final plat. (Ord. Nos. 20092; 23384; 28424; 30239
; 30654
; 32864
)
SEC. 51A-8.509. FIRE AND POLICE ACCESS.
(a) Generally. The layout design of a plat must take into consideration the provision of adequate fire and police access.
(b) Water supply. Provisions must be made for the extension of water lines and the appropriate placement of fire hydrants as required by the department before approval of the final plat. (Ord. Nos. 20092; 23384; 25047; 28073)
SEC. 51A-8.510. COMMUNITY UNIT DEVELOPMENT.
To encourage reasonable flexibility of design and arrangement in the development of residential communities in residential zoning districts, the following provisions are made for the approval of community unit developments (“CUD’s”):
(a) A CUD must be submitted for approval to the commission as a subdivision.
(b) A CUD must comply with the maximum lot coverage or density requirements for the district in which it is located. For purposes of calculating maximum lot coverage in a CUD, the calculation is made using either the actual size of the lot or the minimum lot area specified for the zoning district in which the lot is located, whichever is greater.
(c) The minimum lot area of any lot within the CUD may be reduced by an amount not to exceed 25 percent of the minimum lot area for the zoning district in which the CUD is located. Any reduction in minimum lot area must be compensated proportionally on a square foot for square foot basis by the establishment of permanent community open space to serve the property being platted. If five percent or more of the community open space is unimproved and in a flood plain (as defined in Article V), the minimum lot area may be reduced by up to 30 percent.
(d) Front yard, side yard, and rear yard requirements may be uniformly reduced on all lots and must establish a uniform pattern within the boundaries of the property being platted. The reduction in front yard, side yard, and rear yard must not exceed the total percentage reduction of lot area within the boundaries of the property being platted.
(e) The CUD must not be used to increase the number of lots which could normally be accommodated by the size of the site.
(f) The CUD provisions are not applicable to property located in a planned development district.
(g) Open space provided in a CUD must be approved as appropriate for its intended purpose by the director and the chief planning officer. The open space area must be within 1320 feet, measured radially, of any residential lot that is reduced in size in accordance with Subsection (c) of this section.
(1) Unimproved open space:
(A) may extend into floodway easements or floodway management areas;
(B) must be indicated on the plat with a prohibition of structures and parking areas; and
(C) must have a minimum of 10,000 square feet.
(2) Improved open space:
(A) must not extend into floodway easements or floodway management areas unless the proposed improvements are in compliance with Division 51A-5.100 of this chapter; and
(B) must be developed in accordance with a site plan approved by the city council after recommendation by the commission. The site plan must include the location and dimensions of all improvements and structures planned for the open space.
(h) A maintenance agreement for the open space area must be provided in a community unit development. The agreement must be approved as to form by the city attorney and executed by the owner(s) or homeowners’ association. (Ord. Nos. 20092; 22053; 22150; 23384; 25047; 28073; 29478)
SEC. 51A-8.511. CONSERVATION EASEMENT.
(a) The owner of the property to be platted may provide an easement on all or part of the property to conserve trees and other natural features, subject to acceptance by the city, to the city or jointly to the city and a nonprofit association dedicated to the conservation of land. Before the city may consider accepting the easement, or consider approving the acceptance of an easement with a nonprofit association as the joint grantee of a conservation easement, the owner shall provide the building official with a list of the protected trees by name (both common and scientific) and caliper or an estimate thereof calculated and documented in a manner approved by the city arborist, written consent by any lienholder of the property to subordination of the lienholder’s interest to the conservation easement area, and a preservation strategy for the easement. The grantee of a conservation easement, if not the city, should be an eligible grantee such that the grantor will have the option of receiving a property tax benefit on the assessed value of the conservation easement area. The conservation easement area should be accessible to the public for walking, upon trails if the area exceeds 30 acres, unless this activity poses a risk to endangered species.
(b) The easement must be approved by the building official and approved as to form by the city attorney.
(c) The owner may offer a conservation easement to the city through the city arborist, or to a nonprofit association approved by the city (a list of such associations may be obtained from the city arborist). (Ord. Nos. 22053; 23384; 24843)
SEC. 51A-8.512. SHARED ACCESS DEVELOPMENT.
See Section 51A-4.411 for regulations concerning shared access developments. (Ord. 26333)
SEC. 51A-8.601. GENERAL STANDARDS.
(a) Infrastructure design and construction for water and wastewater mains must comply with Chapter 49 of the Dallas City Code, as amended, and all other applicable requirements of the water utilities department. All other infrastructure design and construction must comply with this section.
(b) All street paving, storm drainage, bridge, and culvert design and construction must conform to the standards, criteria, and requirements of the following, as they may from time to time be amended by those responsible for their promulgation, except that the design criteria in effect on the date the commission approves the preliminary plat must be used to design the infrastructure.
(1) The Thoroughfare Plan for the city of Dallas, as amended.
(2) The Central Business District Streets and Vehicular Circulation Plan, as amended.
(3) The Long Range Physical Plan for Parks and Recreational Facilities.
(4) The Street Design Manual of the city of Dallas.
(5) The Drainage Design Manual of the city of Dallas.
(6) The latest version of the Drainage, Paving, and Traffic Engineering Checklist of the planning and development department.
(7) The Standard Construction Details of the department of transportation and public works.
(8) The Texas Uniform Traffic Control Device Manual, as amended.
(9) The most recently adopted Dallas Bike Plan.
(c) If the infrastructure construction is not included in a city-approved private development contract within two years from the preliminary plat approval date, then the infrastructure must be redesigned using the most current criteria. (Ord. Nos. 20092; 21186; 23384; 25047; 28073; 28424; 30239; 30654; 31314; 32864; 33070)
SEC. 51A-8.602. DEDICATIONS.
(a) Generally. 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, and any other property necessary to serve the plat and to implement the requirements of this article. Dedications 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 council, by acceptance of the improvements in the dedicated areas for the purposes intended, or by actual use by the city. No improvements may be accepted until they are constructed according to the approved plans, details, and specifications, and the final plat is filed for record in the office of the county clerk of the county in which the property is located.
(b) Apportionment of exactions. See Section 51A-1.109 for regulations and procedures concerning apportionment of exactions.
(c) Streets.
(1) The percentage of right-of-way dedication required for streets is as follows:
(A) When the full right-of-way width of a street is contained within the boundaries of a proposed plat, the entire required right-of-way contained within the boundaries of the plat must be dedicated.
(B) When a thoroughfare is along the perimeter of a proposed plat, sufficient right-of-way must be dedicated to provide one-half of the thoroughfare plan requirement, measured from the centerline of the existing right-of-way or, if there is no existing right-of-way, the proposed right-of-way as determined by the director and the chief planning officer. If the property on the side of the thoroughfare opposite the property to be platted is railroad right-of-way or a utility or floodway easement, or if some physical or topographical condition makes the property on that side of the street undesirable for street right-of-way, the commission may require a correspondingly greater dedication.
(C) When a thoroughfare has a city council approved detailed alignment, all right-of-way falling within the approved alignment and within the boundaries of the proposed plat must be dedicated.
(D) If substandard right-of-way exists for an existing perimeter thoroughfare based on the thoroughfare plan requirements, and the plat includes property on both sides of the existing thoroughfare, sufficient right-of-way must be dedicated to meet the entire right-of-way requirement.
(E) When substandard right-of-way exists based on this article for a perimeter minor street, sufficient right-of-way must be dedicated to meet one-half of the entire right-of-way width requirement.
(F) When no right-of-way exists and a minor street is proposed, whether perimeter or contained within the boundaries of the proposed plat, the full right-of-way width must be dedicated.
(2) The amount of right-of-way, pavement width, and minimum centerline radius for all minor streets must be provided in accordance with the chart in Section 51A-8.604.
(3) When property has been previously platted and improvements have been constructed, accepted, and used, the commission may waive the requirements for additional right-of-way for existing streets if:
(A) no realignment of any minor street is proposed;
(B) no change in zoning classification is proposed;
(C) the street has been improved with the required number of lanes, and the full right-of-way standard is not warranted by expected traffic volumes, property access requirements, truck, bus, and taxi loading, or pedestrian use;
(D) the director and the chief planning officer recommend the waiver; and
(E) the commission finds that the area is a redeveloping area.
(d) Corner clips and sight easements.
(1) Corner clips must be dedicated at all intersections by means of a street easement. A corner clip is a triangle with the legs along the edges of the street rights-of-way. The size of the corner clip is based on the city's current design standards. Corner clips must be sized to provide an adequate turning radius, or to maintain public appurtenances within the area of the corner clip.
(2) Sight easements must be provided if required by the Street Design Manual of the city of Dallas.
(e) Alley sight easements. Alley sight easements must be granted at the intersection of any alley with a street. The size of the sight easement is that of a triangle with legs along the property lines equaling 15 feet.
(f) Utilities and drainage easements. Easements necessary for poles, wires, conduits, wastewater, gas, water, telephone, electric power, storm drainage, and any other utilities needed to serve the property being platted must be granted. All easements must comply with the following standards:
(1) Unless the grantee of an easement gives express written approval, no structures, fences, trees, shrubs or any other improvement may be placed in, on, above, over, or across the easement. An exception to this rule is that paving for parking, walkways, and driveways may be constructed over or across utility or drainage easements unless such construction is specifically prohibited by the plat or easement instrument.
(2) Any structures, fences, trees, shrubs, or other improvements, including paving, exist at the pleasure of the grantee. The owner of the subservient estate is liable for the full cost for any adjustments, relocations, restorations, replacements, or reconstruction to any item placed within the easement other than the utilities. The grantee has no responsibility for any destruction or damage to items other than utilities placed within the easement. Grantees of easements have the right of ingress and egress to their respective easements for the purposes of constructing, inspecting, and maintaining their improvements.
(3) If alleys are not provided, rear lot drainage easements and facilities may be required to prevent cross-lot drainage.
SEC. 51A-8.603. CONSTRUCTION REQUIRED.
(a) All public and private streets and alleys within or along the perimeter of the proposed plat must be improved to the standards of this article.
(b) Storm drainage improvements, bridges, and culverts must be provided as needed to serve the subdivision in accordance with this article.
(c) Sidewalks must be provided in accordance with Section 51A-8.606 of this article.
(d) Median openings, extra lanes, and driveways must be provided in accordance with Section 51A-8.607 of this article.
(e) Street appurtenances must be provided in accordance with Section 51A-8.608 of this article.
(f) Railroad crossing facilities must be provided in accordance with Section 51A-8.609 of this article.
(g) Utility facilities must be provided in accordance with Section 51A-8.610 of this article.
(h) Monumentation must be provided in accordance with Section 51A-8.617 of this article. (Ord. Nos. 20092; 23384)
SEC. 51A-8.604. STREET ENGINEERING DESIGN AND CONSTRUCTION.
(a) Generally. Streets, whether dedicated to the public use or privately owned, must be designed in accordance with the Street Design Manual of the city of Dallas. The geometrics of streets must be designed to provide appropriate access for passenger, delivery, emergency, and maintenance vehicles.
(b) Street construction required.
(1) Within the boundaries of the proposed plat, the owner must construct all thoroughfares, minor streets, and alleys shown on the proposed plat.
(2) When a minor street is along the perimeter of the proposed plat and the street is not improved with an approved all weather paving material to a width of 20 feet, the owner must improve the street to that standard along the length of the proposed plat.
(3) When a thoroughfare is along the perimeter of the proposed plat for 1000 feet or more, the owner must construct thoroughfare, sidewalk, and storm drainage improvements to complete one-half of the thoroughfare requirements along the entire length of the plat, adjusted for any participation in the construction under Section 51A-8.614.
(c) Minor street criteria. If additional right-of-way for a minor street has been waived by the commission in accordance with Section 51A-8.602 (c)(3), the amount of street construction required for the streets on which the requirements have been waived is determined by the director of development services. Additional street construction may be required, if necessary, based on the existing condition or width of the streets, and if warranted by the expected traffic volumes, property access requirements, or truck, bus, and taxi loading. If additional right-of-way has not been waived, minor streets must be designed and constructed to meet criteria given in the Street Design Manual of the city of Dallas.
(d) Private streets criteria. When permitted, private streets are governed by the following regulations:
(1) Private streets must be constructed and maintained to the standards for public rights-of-way and must be approved by the director and the chief planning officer. Sidewalks are required and must be constructed and maintained to the standards for sidewalks in the public right-of-way. Water and wastewater mains must be installed in accordance with the applicable ordinances.
(2) A legal entity must be created that is responsible for street lighting, street maintenance and cleaning, and the installation and maintenance of interior traffic control devices. The legal instruments establishing the responsibility for a private street or alley must be submitted to the commission for approval, be approved as to legal form by the city attorney, and be recorded in the appropriate county. A provision must be included in the legal instruments that addresses the consequences of failure to maintain the private street or alley and its appurtenances, including the right, but not the obligation, of the city to take any action needed to bring the private street or alley into compliance.
(3) Private streets must contain private service easements including, but not limited to the following easements: utilities; storm drainage; fire lane; street lighting; government vehicle access; mail collection and delivery access; and utility meter reading access.
(4) Street lights comparable with those required on public rights-of-way must be provided. Street lighting design plans must be approved by the director based upon applicable guidelines.
(5) Design plans and location of all traffic control devices must be approved by the traffic engineer. The design, size, color, and construction of all traffic control devices must comply with the requirements for those located in public rights-of-way.
(6) The fire protection standards in Article XIII of the Dallas Fire Code must be followed.
(7) A public school, park, or other public facility must be accessible from public rights-of-way in accordance with this code.
(8) Private streets must comply with the thoroughfare plan and must not interrupt public through streets.
(9) Private street names and numbers must be approved by the commission.
(10) At all entrances to subdivisions with private streets, signs identifying the streets as private must be posted. Private street signs must be:
(i) black on a yellow background;
(ii) diamond-shaped;
(iii) a minimum of 24 by 24 inches; and
(iv) installed pursuant to city traffic standards.
(11) Private streets and the area they serve must be platted.
(12) A guard house may be constructed at any entrance to a private street. All guard houses must be at least 30 feet from a public right-of-way.
(13) Any structure that restricts access to a private street must provide a passageway 20 feet wide and 14 feet high.
(14) One private street entrance must remain open at all times. If an additional private street entrance is closed at any time, it must be constructed to permit opening of the passageway in emergencies by boltcutters or breakaway panels.
(15) A private street system serving an area containing over 150 dwelling units must have a minimum of two access points to a public street.
(16) A private street system may serve no more than 300 dwelling units.
SEC. 51A-8.605. SANITATION COLLECTION ACCESS REQUIRED.
(a) Access required. The owner or homeowners’ association must provide access for city sanitation collection. If unmanned gates are used, the gates must remain open during routine collection hours (Monday through Saturday between 7 a.m. and 7 p.m.) A notation must be placed on a plat for single family or duplex lots indicating that it is the responsibility of the owner or homeowners’ association to provide adequate access for city sanitation collection.
(b) Indemnity agreement. If sanitation collection occurs on a private access easement, the owner or homeowners’ association must execute an agreement with the city department of street, sanitation, and code enforcement services indemnifying the city against damages to any private streets in the development caused by the city’s provision of routine sanitation collection. The agreement must be approved as to form by the city attorney’s office. (Ord. Nos. 20092; 23384)
SEC. 51A-8.606. SIDEWALKS.
(a) Required. Sidewalk construction is required along all public and private streets unless waived by the director.
(b) Design. All sidewalks must be designed and constructed to be barrier-free to the handicapped, and in accordance with the requirements contained in the Street Design Manual, the Standard Construction Details, and any other council approved plan as amended. When poles, standards, and fire hydrants must be placed in the proposed sidewalk alignment, the sidewalk must be widened as delineated in the Standard Construction Details to provide a three-foot-wide clear distance between the edge of the obstruction or overhang projection and the edge of the sidewalk.
(c) Timing of construction. All sidewalks in the parkways of thoroughfares must be constructed concurrently with the thoroughfare or, if the thoroughfare is already constructed, before the acceptance of any improvements. Construction of sidewalks along improved minor streets must be completed before a certificate of occupancy is issued or before a final inspection of buildings or improvements constructed on the property.
(d) Waiver of sidewalks. A person desiring a waiver of a sidewalk requirement shall make application to the director.
(1) In this subsection:
(A) MID-BLOCK LOT means a lot that is not a corner lot.
(B) CORNER LOT means a lot that is located at the intersection of two or more streets.
(2) The director may grant a waiver under these conditions:
(A) In general. These conditions apply to all waiver requests.
(i) If sidewalk construction would cause drainage, safety, or other engineering issues that cannot be feasibly addressed as determined by the director.
(ii) If a city approved and funded sidewalk construction project is planned to begin within one year of the waiver application submittal.
(iii) If the waiver will not have an adverse effect on neighboring properties.
(B) Mid-block lot. If sidewalks do not exist on the adjacent lots and on more than 80 percent of the lots on the same blockface.
(C) Corner lot. If sidewalks do not exist on any of the mid-block lots on the same blockface and the lot is not located within one-quarter mile, as measured along street frontages, from a transit stop, school, park, playground, or other pedestrian accessible destination.
(3) The denial of a waiver application must clearly state the specific reasons why the waiver conditions were not satisfied.
(4) Waivers for sidewalks on separate frontages of corner lots shall be determined independently for each blockface, but will require only one fee.
SEC. 51A-8.607. MEDIAN OPENINGS, EXTRA LANES, AND DRIVEWAYS.
(a) Generally. All median openings, driveway approaches, driveways, and extra lanes including left turn lanes, right turn lanes, acceleration/deceleration lanes, and other extra lanes must be located, designed, and constructed in accordance with the current standards of the department of transportation and public works.
(b) When required. Left turn lanes are required to serve median openings providing access to the proposed plat. Other extra lanes must be designed and constructed as part of the subdivision infrastructure improvements when:
(1) they are required by the thoroughfare plan;
(2) they are required by the zoning district in which the property is located; or
(3) they are recommended and approved by the director and the chief planning officer for proper traffic management.
(c) Spacing of openings. Median openings must be at least 400 feet from median openings serving thoroughfare intersections with divided thoroughfares, measured between the noses of the median. Median openings serving minor streets and driveway approaches along a divided thoroughfare must be at least 300 feet apart, measured between the noses of the median, unless the traffic engineer determines that the potential vehicular traffic in the area does not require 300-foot spacing. The minimum median opening width is 60 feet. Wider openings may be required in order to facilitate truck turning movements. Median openings and left turn pockets must be constructed at the intersection of all streets and drive approaches that generate 250 trips in a 12-hour period.
(d) Relocation of openings. Existing median openings may be relocated if:
(1) the existing opening does not provide service to a public or private street;
(2) the proposed median opening meets the spacing requirements stated in Subsection (c) of this section;
(3) the existing opening is no longer in use or the owners of the properties being served by the existing opening sign a document requesting or approving the change, and the document is approved by the city attorney’s office; and
(4) the proposed relocation is shown on engineering plans approved by the director.
(e) Driveways and driveway approaches. Driveways must be designed and constructed to provide proper site drainage and to maintain the conveyance of existing drainage in public and private streets. A separate street cut permit is required for each driveway approach accessing a thoroughfare. Driveways may be constructed concurrently with street construction, or with building construction, but must be completed before the issuance of a certificate of occupancy, or final inspection of the buildings or improvements on the property. (Ord. Nos. 20092; 21186; 22026; 23384; 25047; 28073; 28424; 29478; 30239
; 30654
; 32864
)
SEC. 51A-8.608. STREET APPURTENANCES.
(a) Generally. Installation of the following items is required at the time the municipal infrastructure additions or improvements are constructed:
(1) Street lights.
(2) Traffic signals.
(3) Traffic signs and street name blades.
(4) Pavement markings.
(5) Temporary traffic control devices for use during construction.
(b) Street lights. The engineering, material, installation, and activation of street lights must be provided as required by the approved street lighting plans. All plan approvals, construction scheduling, and reimbursements must be coordinated through the director of transportation and public works.
(c) Traffic signals. When the area being platted adds a driveway or street approach to an existing signal, the signal hardware must be modified to serve the development. The engineering, material, and construction of the upgrade to the existing signal must be provided.
(d) Traffic signs and street name blades. All of the required traffic signs and street name blades must be provided as determined by the traffic engineer. All signs must meet the standards of the department of transportation and public works and may be obtained from the department of transportation and public works or any other source if city standards are met. All necessary posts, hardware, and concrete required to complete the sign assembly installation must be provided as determined by the director of transportation and public works. A maintenance bond sufficient in amount to maintain all developer installed traffic signs and street name blades for one year must be posted by the owner.
(e) Pavement markings. Pavement markings must be provided as necessary to serve the property being platted in accordance with the approved plans.
(f) Traffic control during construction. The owner is responsible for installing and maintaining all necessary barricades, temporary signs, pavement transitions, and pavement markings to safely convey traffic through the construction area in accordance with the Texas Manual on Uniform Traffic Control Devices, State Department of Highways and Public Transportation, and the Barricade Manual of the department of transportation and public works. The owner is also responsible for the removal of all barricades, temporary signs, pavement transitions, and pavement markings. (Ord. Nos. 20092; 22026; 23384; 26530; 28424; 30239
; 30654
; 32864
)
SEC. 51A-8.609. RAILROAD CROSSINGS.
(a) Generally. All engineering plans and construction of infrastructure in the railroad right-of-way must be approved by the department and the railroad.
(b) Pipeline license agreements. All underground improvements in the railroad right-of-way require pipeline license agreements. The owner of the property to be platted is responsible for securing railroad approval and all costs associated with plan approval, insurance, and construction.
(c) Railroad agreements. All surface improvements in the railroad right-of-way require railroad agreements. The owner of the property to be platted is responsible for securing railroad approval and all costs associated with plan approval, insurance, and construction.
(d) Agreement processing. Both railroad agreements and railroad license agreements are processed in the following manner:
(1) The owner of the property to be platted submits the executed agreement to the director for approval.
(2) Upon approval, all required funding must be submitted to the director, who coordinates the receipt of documents and funding and schedules the items for city council approval.
(3) No improvements are permitted until all agreements are accepted and executed, and all funding has been received by the city.
(4) No improvements may be accepted until receipt and approval of final invoices from the railroad.
(5) The owner is responsible for any shortfall in funding.
(6) The city refunds any remaining funds to the owner should the final cost prove less than the funding supplied by the developer.
(e) No work permitted until agreements complete. Infrastructure work in the railroad right-of-way is not permitted until:
(1) completed agreements have been executed between the city and the property owner;
(2) completed agreements have been executed between the city and the railroad; and
(3) all required funding for the agreements is received by the city.
(f) Payment to railroad. The city shall forward funds received from the owner to the railroad upon acceptance of the improvements by both the director and the railroad, and after receipt and approval of the final invoices from the railroad. The owner is responsible for any additional costs or cost overruns on the work, and the city shall refund any remaining funds to the developer should the final cost be less than the funding supplied by the developer. (Ord. Nos. 20092; 22026; 23384; 23694; 25047; 28073)
SEC. 51A-8.610. UTILITIES.
The owner shall provide all necessary utility facilities to serve the subdivision, including easements, materials, construction, service connections, and funding as required by the various utility companies. No utility connections may be made until the final plat has been approved and recorded with the county. (Ord. Nos. 20092; 23384)
SEC. 51A-8.611. STORM DRAINAGE DESIGN.
(a) Generally.
(1) Drainage systems, including all conveyances, inlets, conduits, structures, basins, or outlets used to drain storm water, must be designed and constructed to promote the health, safety, and welfare of the property owner and the public. Adequate provision must be made for the acceptance, collection, conveyance, detention, and discharge of storm water runoff drainage onto, through, and originating within the subdivision. No final plat release may be issued until proper provision has been made for drainage.
(2) Private drainage systems are those which serve one lot or tract, or any open system that serves more than one lot or tract for which a private entity has maintenance obligations. Private systems are owned and maintained by a private entity. Easements must be provided to allow access by the city to any open system in the event that private system failure or diminished function jeopardizes the public's health, safety or welfare. Private storm water drainage systems must be designed in general conformance with the design standards of the department of water utilities as set forth in the Drainage Design Manual of the city of Dallas. Private enclosed systems are not required to be constructed according to the Standard Construction Details, File 251D-1.
(3) Public drainage systems are those systems which serve more than one lot or tract, excluding open systems maintained by a private entity. The portion of a drainage system located downstream from a lot or tract boundary, and the portion of any drainage system within the lot or tract boundary which conveys storm drainage from outside the lot or tract boundary are public systems. Public storm water drainage systems must be designed and constructed in strict conformance with department of water utilities requirements.
(4) The city owns and maintains public systems that have been constructed and accepted pursuant to Section 51A-8.612.
(5) All storm drainage facilities must be designed and constructed to safely drain a one-percent annual chance storm event as outlined in the Drainage Design Manual of the city of Dallas. Paved streets and alleys, ditches, and swales may be used for emergency overflow capacity in parallel with enclosed systems provided the requirements of the Drainage Design Manual of the city of Dallas are met.
(6) Storm water must be discharged in an acceptable form and at a controlled rate so as not to endanger human life or public or private property.
(7) The owner shall fund and construct all storm drainage outfalls necessary to safely and adequately drain the subdivision.
(8) The city may provide new public drainage outfalls and public drainage system upgrades to serve existing and future subdivisions through specific items in the capital improvement bond programs.
(b) Erosion and sedimentation control.
(1) The owner shall provide erosion control plans for review and subsequent approval by the department of development services for any development requiring grading or clearing where sediments can be carried to natural or manmade drainageways. Erosion and sedimentation control plans are required in the following instances:
(A) When the property to be platted is located in the escarpment or in a geologically similar area (See Division 51A-5.200).
(B) Where ground cover is disturbed over an area larger than three acres.
(C) If required as a condition of approval of the preliminary plat.
(2) Erosion control plans must include the following:
(A) A timing schedule indicating the starting and completion dates of the development activities sequence and the time of exposure of each area. Written approval of the director of development services is necessary to authorize any time of exposure exceeding six months.
(B) A complete description of all control measures designed to control erosion and sedimentation of soils during and after construction. The owner is responsible for maintenance of erosion and sedimentation control measures during development and shall remove sediment from city right-of-way or storm drainage systems that occurs during the construction phase. Revegetation of the disturbed area is required as a part of the approved erosion control plan.
(c) Detention.
(1) Detention facilities required in this subsection must be designed to provide detention for the one-percent, two-percent, 10 percent, and 50 percent annual chance storm events. Detention must be provided in the following instances:
(A) The property to be platted is in or drains through the escarpment zone or a geologically similar area as defined in Division 51A-5.200 of this chapter.
(B) The development of the platted area results in an increase to the existing rate of runoff due to a rezoning of the platted area that allows higher density. Detention will not be required if:
(i) the rezoned area is in the redeveloped area and there is no increase in impermeable surface;
(ii) the change in zoning results in less than a 20 percent increase in the runoff, and the area rezoned is less than 3 acres, or an adequate outfall exists to handle the developed discharge; or
(iii) the rezoned area is less than one acre in size and adds less than 5,000 square feet of additional impervious surface relative to existing conditions.
(C) The proposed development does not have adequate outfall to carry the one-percent annual chance storm event without damaging property downstream, or the owner of downstream property refuses to provide the needed easements to the city. Detention will not be required under this subparagraph if the owner funds and constructs the storm drainage system to provide a one-percent annual chance storm event runoff carrying capacity.
(D) The property to be platted contributes to the storm drainage of a neighboring municipality having detention requirements, provided there are written agreements with the neighboring municipalities.
(2) Detention facilities must be designed and constructed in conformance with the Drainage Design Manual of the city of Dallas.
(3) Detention area easements must be dedicated on the plat when detention facilities are on-site, and dedicated by a separate instrument when detention facilities are off-site.
(4) Each adjoining property owner and his successors and assigns shall be responsible for simple, routine maintenance of the detention area easement. The city of Dallas is responsible for any major maintenance and repair work necessary for the public safety and welfare.
(5) The constructed detention facilities and pond area must remain to line and grade and must not be altered without the approval of the director of water utilities.
(6) If detention is provided due to inadequate outfall pursuant to Section 51A-8.611(c)(1), then upstream storm drainage systems must be designed for a one-percent annual chance storm event, up to the outfall into the detention basin. Drainage systems constructed downstream must be designed for a one-percent annual chance storm event of the drainage basin without taking into consideration the reduction in flow provided by the detention facility upstream, unless a lesser criteria is approved by the director of water utilities when the proposed development does not increase the stormwater drainage from the property and the director determines that the drainage system is not necessary to preserve public health or safety.
(7) Storm water runoff from any plat into a contiguous city may be required to comply with the criteria of the contiguous city as directed by the director of development services provided there is a written agreement in effect at the time.
(8) When development of the property downstream results in the construction of facilities designed to accommodate the one-percent annual chance storm event, and the detention facilities upstream are no longer necessary, the detention facilities may be abandoned and the land reclaimed for other purposes.
(d) Floodways.
(1) Generally. Floodways must be provided in accordance with the recommendation of the director of water utilities and the requirements of the commission to accommodate the one-percent annual chance storm event drainage flows. Floodway dedications must be identified on the plat and monumented on the ground. Floodway conditions must be satisfied before submitting a final plat for a certificate of approval. Division 51A-5.100 applies to all floodways.
(2) Floodway easements.
(A) Floodway easements are drainage areas dedicated to the city as an easement to prevent obstructions of floodway capacity in a flood plain. Except as provided in Paragraph (3), a floodway easement is required for any portion of a property that is within a flood plain.
(B) A 15-foot wide floodway access easement from a publicly dedicated right-of-way may be required and may extend along a creek, parallel to the top of the bank to inspect or maintain a floodway easement.
(C) The owner of a lot that includes a floodway easement is liable for floodway easement maintenance in compliance with this subsection, taxes, and all other standard property owner liabilities.
(D) Unless approved by the directors of development services and water utilities in an instrument filed in the county deed records or by a city council approved tree mitigation plan, structures, fencing, trees, shrubs, or any other improvement or growth may not be placed in or across any floodway easement.
(E) Common areas, such as in a CUD, may be located within floodway easements. Before the release of a final plat, access to the common area must be shown on the plat and a permanent maintenance plan must be approved as to form by the city for a common area within a floodway easement. Owners of a common area within a floodway easement are jointly and severally liable for the floodway easement common area maintenance in compliance with this subsection, taxes, and all other standard property owner liabilities.
(F) For purposes of this subsection, "maintenance" means removing any object or condition that, as determined by the director of water utilities, impedes the free flow of water. Maintenance includes:
(i) keeping the floodway easement free from any structures;
(ii) removing debris;
(iii) desilting lakes, ponds, and detention areas; and
(iv) controlling the growth of vegetation.
(G) The city retains the right, but not the obligation, to enter onto the floodway easement to inspect or maintain the easement. If the floodway easement is not maintained in compliance with this subsection, the city has the right, but not the obligation, to put the floodway easement in compliance with this subsection. The owner of the floodway easement must pay the city for maintenance work performed within 180 days after the date of presentation of the bill. If a bill is not paid by the owners when due, the city shall file a lien statement that includes expenses assessed, the name of the owner, if known, and the legal description of the lot with the county clerk of the county where the lot is located.
(3) Floodway management areas.
(A) Floodway management areas are drainage areas dedicated to the city in fee simple to prevent obstructions of floodway capacity in a flood plain. All floodways not dedicated as a floodway management area must be dedicated as a floodway easement.
(B) If any portion of the subject property is (1) within a flood plain and (2) abuts a public park, green belt, open space, trail system, or the Trinity River that has been recommended for improvement in a flood plain management plan, the Trinity River corridor plan, the park and recreation long range development plan, the park and recreation master plan, the trail network plan, or any other master plan adopted by the park and recreation board or city council, the directors of water utilities, development services, and parks and recreation must be notified and given an opportunity to negotiate for the acquisition of the property for a floodway management area before a final plat is approved. The property owner is encouraged, but not required, to donate the floodway management areas to the city.
(C) If the applicant donates or commits to sell that portion of the property to the city, the applicant must designate that portion as a dedication or reservation on the plat. Upon acquisition of the property, the city maintains the floodway management area.
(D) The area for each floodway management area must be identified on the plat in square feet or in acres.
(E) No lot may extend into a floodway management area.
(e) Lot to lot drainage. Each lot must be drained to an abutting street or alley unless the director of development services determines that drainage to a street or alley is infeasible. If the director of development services determines that street or alley drainage is not feasible, drainage may be provided as follows:
(1) If no more than the rear 15 feet of a lot drains toward the rear lot line, a well-pronounced swale must be provided as approved by the director of development services.
(2) If more than the rear 15 feet of a lot drains toward the rear lot line, a paved invert in a common area or a drainage easement is required. In order to accommodate the one-percent annual chance storm event, an enclosed drainage system with inlets may be designed. Each portion of the system that drains one lot must be a private system. Each portion of the system that drains more than one lot must be a public system within an easement. (Ord. Nos. 20092; 23384; 25047; 27333; 27572; 27697; 30994; 31314; 32002)
SEC. 51A-8.612. PRIVATE DEVELOPMENT CONTRACTS.
(a) Generally. Once the infrastructure plans and apportionment determination have been approved, but before the final release of a plat or approval of a zoning district classification or boundary change requiring an exaction, private development contracts must be executed by the chief engineer for development services to build the proposed infrastructure facilities. Private development contracts for water and wastewater improvements, if needed, must comply with Chapter 49 of the Dallas City Code. Private development contracts for other infrastructure improvements must comply with this section. In addition, to ensure that the city will not incur claims or liabilities as a result of the developer's failure to make payment in accordance with the terms of a private development contract, the director may require the developer, as a precondition of approval or release of a final plat or approval of a zoning district classification or boundary change requiring an exaction, to provide sufficient surety guaranteeing satisfaction of claims against the development in the event such default occurs. The surety shall be in the amount of the private development contract. The surety shall also be in the form of a bond, escrow account, cash deposit or unconditional letter of credit drawn on a state or federally chartered lending institution. The form of surety shall be reviewed and approved by the city attorney. If a bond is furnished, the bond shall be on a form provided by the director and approved by the city attorney. The bond shall be executed by the developer and at least one corporate surety authorized to do business and licensed to issue surety bonds in the State of Texas and otherwise acceptable to the city. If a cash deposit is provided, the deposit shall be placed in a special account and shall not be used for any other purpose. Interest accruing on the special account shall be credited to the developer. If an escrow account is provided, the account shall be placed with a state or federally chartered lending institution with a principal office or branch in Texas, and any escrow agreement between the developer and the escrowing institution shall provide for a retainage of not less than ten percent of the private development contract amount, to be held until the director gives written approval of the construction of the facilities.
(c) Form. The private development contract must be on a form provided by the director and approved by the city attorney.
(d) Bonds. The private development contract must include performance and payment bonds equivalent to those the city uses and requires in its standard specifications, and the city must be a named obligee in the bonds.
(e) Duplicate plans. As part of the contract submission, duplicate sets of approved plans must be submitted to the director in sufficient number to meet the current contract plan distribution requirements of the city.
(f) Construction inspection. Before the approval of a private development contract, the owner shall submit to the director the name of the engineer licensed to practice in the State of Texas with whom he has contracted to provide the required construction inspection. The engineer performing the construction inspection shall attest to the director that the engineer, or a qualified member of the engineer’s firm, made periodic visits to the worksite, as dictated by recognized and customary practice, to inspect the construction of the storm drainage, street paving, bridge, culvert, and traffic signal improvements, and to assure that the improvements were constructed according to the approved plans, profiles, details, and specifications for the project. The engineer shall submit copies of the construction inspection reports along with his declaration.
(g) Material testing. Before the approval of a private development contract, the name of a local materials testing company that is:
(1) competent in the field of testing pertinent to the contract; and
(2) under contract with the owner; must be submitted to and approved by the director. Materials testing and certification must comply with the standard specifications for public works construction.
(h) Authorization to begin. No construction of infrastructure improvements may begin until a letter authorizing the construction has been issued by the director.
(i) Order of construction.
(1) Except where the contractor has obtained a permit to barricade and occupy existing street right-of-way, paving and storm drainage construction which must be accomplished in existing public right-of-way must be completed and accepted by the department before the issuance of any building permits for structures in the platted area unless waived by the director when sequencing of the work is infeasible. If paving and storm drainage work in existing right-of-way and work requiring a building permit are allowed to occur simultaneously, the paving and storm drainage work must be completed and accepted by the department before the issuance of a certificate of occupancy or authorization for utility connections.
(2) In order to obtain building permits for structures to be constructed in the platted area:
(A) all required infrastructure work must have been completed and accepted; or
(B) the necessary infrastructure work to satisfy the fire department requirements must have been completed, and the developer must have furnished satisfactory evidence in the form of a development bond, approved by the city attorney and furnished by the property owner with the city of Dallas named as the obligee on the bond, in an amount equal to the estimated cost of the uncompleted infrastructure. The estimated cost of the uncompleted infrastructure must be approved by the director.
(3) Private development contracts for paving must not be approved by the city until the related storm drainage construction is completed and acceptable, and a water and wastewater release is issued by the director of water utilities approving the related water facilities construction work beneath or in close proximity to the proposed pavement.
(j) Assurance of compliance. The owner of the property to be platted is responsible for all construction and inspection services required for paving and drainage improvements. The owner shall ensure that the work is performed and completed in conformance with the approved plans, the standard specifications for public works construction, and the standard construction details. The responsible engineer shall certify in writing that the materials and work are in conformance with all plans and specifications.
(k) Letter of acceptance. No infrastructure improvements are considered accepted until:
(1) the owner has filed an affidavit affirming that:
(A) all parties to the private development contracts have been paid except for the normal and usual 10 percent retainage; and
(B) no liens exist on the property dedicated;
(2) the department has a copy of the approved recorded plat;
(3) the director has inspected the infrastructure improvements and determined that they comply with the approved plans and specifications and all applicable city ordinances;
(4) all fees required by this chapter or another city ordinance for the construction of the infrastructure improvements have been paid to the city;
(5) a letter of acceptance has been issued by the director; and
(6) the engineer of record has certified that all addition corners have been set pursuant to Section 51A-8.617.
(l) Maintenance and repairs. The contractor responsible for the construction of the infrastructure shall make maintenance repairs and replace all defective materials and workmanship for a period of one year from the date of the acceptance of the improvements. The decision of the director is conclusive on the determination as to needed maintenance or defective materials or workmanship. The director’s determination shall be based upon applicable guidelines. (Ord. Nos. 20092; 21045; 21491; 22022; 23384; 25047; 25048; 26530; 28073; 30239; 30654; 32002)
SEC. 51A-8.613. COVENANT PROCEDURES.
(a) An owner who desires to plat more property than he is willing to construct or design paving, storm drainage, water, or wastewater facilities to serve may plat the property if he executes a covenant for the benefit of the city in accordance with this section. The covenant must run with the land. As part of the covenant, the owner shall agree to, at his cost: submit any needed additional plans; construct the required infrastructure; and secure or dedicate easements and rights-of-way necessary to serve the development at the owner’s cost. Covenants involving water or wastewater facilities must be approved in accordance with Chapter 49 of the Dallas City Code, as amended.
(b) Upon approval of the terms of the paving and storm drainage covenant by the director, the owner shall execute the covenant on a form provided by the director. Executed covenants must be submitted to the department for processing.
(c) All covenants must be approved in accordance with the procedure set out in Section 2-11.2 of this code.
(d) If a covenant is not fulfilled, no building permit or certificate of occupancy may be issued for any property included within the boundaries of the plat which the covenant was executed to serve.
(e) Upon determination by the director that all conditions of a covenant have been fulfilled, the city manager may execute, and cause to be filed of record, a release of the covenant without the necessity of city council approval. In the event of a conflict between this subsection and other provisions in the Dallas City Code, this subsection controls. (Ord. Nos. 20092; 22026; 23384; 23694; 25047; 28073)
SEC. 51A-8.614. COST SHARING CONTRACT.
(a) Generally. All funding requests for city cost sharing participation in municipal infrastructure additions or improvements must be approved by the city council. City participation is generally limited to items that benefit a broad population segment. The developer’s apportioned share of any exaction pursuant to Section 51A-1.109 is the responsibility of the developer unless the developer, as documented in a cost sharing contract, volunteers to pay a greater proportion. If the developer volunteers to pay a greater proportion, the city has no obligation for the amount volunteered. All city participation is subject to the availability of funds. City participation must comply with Subchapter C of Chapter 212 and Chapter 252 of the Texas Local Government Code. (Ord. Nos. 20092; 20730; 21186; 23384; 25047; 26530)
SEC. 51A-8.615. NONSTANDARD MA- TERIALS.
(a) Generally. Nonstandard materials may be used in the public right-of-way for paving, parkway, sidewalk, driveway, and other street enhancement if the criteria in this section are met.
(b) Plans. Plans indicating the nonstandard materials must be approved by the director of transportation and public works.
(c) Samples. Samples of each material used for a walking or traveling surface in the public right-of- way must be submitted to and approved by the director of transportation and public works.
(d) Standards. All street paving, sidewalk, driveway, curb, and gutter construction must conform to the Standard Construction Details and the Standard Specifications for Public Works Construction of the department of transportation and public works.
(e) Sidewalks. Sidewalks must be designed barrier-free to the handicapped.
(f) Landscaping. Proposed landscaping in the public right-of-way must conform to the park and recreation beautification plan or be approved by the director of transportation and public works, and must not interfere with utilities or any authorized use of the public right-of-way.
(g) Central business district. If the proposed plat is within the central business district, the nonstandard materials must meet all provisions of the Dallas Central Business District Pedestrian Facilities Plan Update.
(h) Written approval. Written approval must be obtained from the director of transportation and public works before any work is done.
(i) Liability. The responsibility and liability for all claims or damages resulting from injury or loss due to the use or presence of nonstandard work or materials is governed by Sections 43-33 and 43-34 of the Dallas City Code, as amended, and no liability is assumed by the city for approving plans including nonstandard materials.
(j) Agreements required. A written agreement must be executed between the owner of the property to be platted and the city for the use of nonstandard materials in the public right-of-way. The agreement must be executed before the construction of any improvement consisting of nonstandard materials. If the nonstandard material is to be located in a street or alley, or is otherwise intended for vehicular travel, a covenant agreement is required which provides a plan of perpetual maintenance at no cost to the city. If the nonstandard material is for a driveway, a sidewalk, or for another surface outside of the area between street curbs, or is not intended for vehicular travel, a written agreement is required between the owner of the property to be platted and the city. The owner is responsible for securing all required sidewalk, driveway, or street cut permits.
(k) Maintenance of nonstandard material in public rights-of-way. All improvements in the public rights-of-way exist at the pleasure of the city and must be maintained to the satisfaction of the city. The owner of the property to be platted is responsible for all maintenance and replacement of nonstandard materials and all preparatory work, including subgrade and base maintenance and replacement necessary due to work performed by the city or utility companies in the discharge of their responsibilities. Failure to maintain and replace defective nonstandard materials and workmanship constitutes just cause for the city to remove any portion or all of the nonstandard work and replace it with standard materials. (Ord. Nos. 20092; 23384; 28424; 30239; 30654; 32864)
SEC. 51A-8.616. RESERVED.
(Ord. 23384)
SEC. 51A-8.617. MONUMENTATION.
(a) Minimum monumentation standards.
(1) At all angle points, points of curve, and points of tangency on the perimeter of the platted boundary, a minimum three inch metallic cap disc must be affixed to a metal pipe or rod and stamped with the addition name and the registered professional land surveyor number of the surveyor of record, or the name of the surveying company.
(2) At all block corners, a minimum two inch metallic cap must be affixed to a metal pipe or rod. The cap must be stamped with the block number and registered professional land surveyor number of the surveyor of record, or the name of the surveying company.
(3) At all lot corners, points of curve, and points of tangency of curves, a minimum 1/2-inch diameter metal pipe or rod is required with a cap stamped with the registered professional land surveyor number of the surveyor of record, or the name of the surveying company.
(4) All monuments installed must contain a cap or disc imprinted with the addition name, if required, and the registration number of the surveyor or the name of the engineering or surveying firm that prepared the plat. In locations where such monuments cannot be installed, alternate types of monuments may be installed with the prior approval of the chief city surveyor. A request for alternate monumentation must be made in writing by the surveyor of record, and must include the City Plan File Number and the reason for the alternate monumentation request.
(5) Any points of monumentation that can not be set at the designated place must be referenced with sufficient witness monumentation.
(b) Placement of a monument on the boundary of property being platted in which no areas are to be dedicated to the public.
(1) Monuments must be installed on the boundary of such property being platted at all corners, angle points, and points of curvature and tangency.
(2) The size, shape, and substance of monuments found or installed on the perimeter of the platted boundary must be described on the drawing and in the owner’s certificate of the submitted plat.
(c) Placement of monuments on and within the boundary of property being platted in which areas are to be dedicated to the public. Monuments must be installed on the boundary of such property being platted at all corners, angle points, and points of curvature and tangency, except those points falling within areas to be dedicated. In areas to be dedicated, all points on new right-of-way lines must be monumented. Monuments must be installed within the boundary of such property being platted at the following points:
(1) All corners of parks, squares, or other portions intended for public use.
(2) All block corners.
(3) On the right-of-way lines of all alleys and public and private streets at all points of intersections, angle points, and points of curvature and tangency.
(d) Placement of monuments on floodways, conservation easement areas, and escarpment lines.
(1) Monuments must be installed on each lot line and boundary line where these lines are intersected by or tangent with a floodway management area, floodway easement, conservation easement area, or the escarpment zone.
(2) Monuments for floodway management areas, floodway easements, and detention areas must be installed at all angle points and points of curvature or tangency.
(3) Floodway management areas, detention areas, escarpment zones, and conservation easement areas must be monumented with a minimum 1/2-inch iron rod with a cap stamped with the registered professional land surveyor number of the surveyor of record, or the name of the surveying company.
(4) Floodway easement areas must be monumented in accordance with the dimensions and specifications set forth under City File No. 424-109.
(e) Registered Professional Land Surveyor’s certificate. The final plat of the area being platted must contain a certificate that the land being platted was surveyed under the supervision of a registered professional land surveyor. The certificate must contain the registered professional land surveyor’s name and registration number, and must be sworn to before a notary public.
(f) Monument verification. After required monumentation has been set, a letter stating this must be sent to the chief city surveyor, for field inspection and verification of the platted property. The letter must be from the surveyor of record and must include the City Plan File Number and the addition name. (Ord. Nos. 20092; 23384; 24843)
SEC. 51A-8.618. TRAFFIC BARRIERS.
(a) When required. For all property being platted with identifiable single family, duplex, or townhouse components that front on both an arterial and a public or private street or alley, traffic barriers must be constructed that separate the property from the arterial. See Section 51A-8.507(b)(6) for alley requirements.
(b) Easement. The owner must dedicate an exclusive barrier easement along the lots or alleys perimeter to the thoroughfare depending on who will maintain the barrier. Barrier easements must have a minimum width of three feet. If a screening wall serves as a traffic barrier, maintenance of the wall is the responsibility of each individual owner abutting the easement or the homeowners’ association.
(c) Design. The design and construction of traffic barriers must be approved by the director. If concrete is used for traffic barriers, it must be reinforced and have a minimum compressive strength of 3000 pounds per square inch at 28 days test. The traffic barrier must be at least 24 inches in height. All traffic barriers must be maintained by the property owner or a homeowners association.
(d) Timing of construction. All traffic barriers required by this article must be constructed concurrently with the adjoining street or, if the thoroughfare is already constructed or is not to be constructed with the subdivision infrastructure, before the issuance of a certificate of occupancy or utility connection for any structure within the boundaries of the plat.
(e) Acceptance of construction. All traffic barriers must be constructed under a private development contract in accordance with Section 51A-8.612. If a screening wall serves as a traffic barrier, it must be designed by an engineer and approved by the director.
(f) Maintenance and repair. Each adjacent property owner is responsible for simple routine maintenance and cleaning of all barriers to which his property is adjacent. The city of Dallas is responsible for any major maintenance and repair work necessary for the traffic barrier if the city has accepted it for maintenance. Any other type of traffic barriers is the responsibility of the homeowners’ association or the owner. (Ord. Nos. 20092; 21186; 23384; 25047; 28073)
SEC. 51A-8.619. SCREENING WALLS.
If the screening wall serves as a traffic barrier, it must meet the standards of Section 51A-8.618. (Ord. Nos. 20092; 23384)
SEC. 51A-8.620. RETAINING WALLS.
All retaining walls located on private property along public rights-of-way or easements must be constructed of reinforced concrete or other materials determined to be sufficiently durable by the director. Retaining wall design must be approved by the director of transportation and public works to ensure site conditions are adequately addressed by the design. Engineer certification and building permits may be required by other applicable regulations. (Ord. Nos. 23384; 25047; 28073; 28424; 30239; 30654; 32864)
SEC. 51A-8.701. NOTHING DEEMED SUBMITTED UNTIL FEES PAID.
Whenever a requirement exists for the submission of plans and a fee exists for the processing of the plans, no submission is complete until all required fees have been paid. (Ord. Nos. 20092; 23384)
SEC. 51A-8.702. EARLY RELEASE OF BUILDING OR FOUNDATION PERMIT.
(a) Generally. No building or foundation permit may be issued before the completion and filing for record of a final plat except in accordance with this section. The recipient of an early release permit bears the entire risk that improvements may need to be modified or removed based on engineering plan review or final plat disapproval. No certificate of occupancy shall be issued until the final plat is properly filed for record as required by this article and state law, and all conditions of preliminary plat approval and all other applicable rules and regulations have been satisfied.
(b) Application. An application for an early release must be submitted to the building official. The building official shall review the application and determine whether an early release is appropriate. If the building official recommends the early release, a building or foundation permit may be issued. The application for early release must include:
(1) the number of copies required for circulation and review;
(2) a copy of the approved preliminary plat;
(3) the file number assigned to the plat application by the city;
(4) a copy of the action letter from the subdivision administrator outlining the conditions of preliminary plat approval;
(5) all requisites for building or foundation permit applications, whichever apply; and
(6) a site plan showing the following:
(A) Boundary lines of the property.
(B) Existing streets.
(C) Pavement widths and surface compositions for existing and proposed driveways, sidewalks, and areas intended for vehicular travel.
(D) Improvements existing on the property, and all proposed improvements.
(E) All dedications required by the preliminary plat.
(c) Fee. Refer to Section 303.13.4 of Chapter 52 of the Dallas City Code.
(d) Requirements for approval. No early release may be authorized until:
(1) clearance has been received from all affected departments;
(2) the commission or the subdivision administrator has approved a preliminary or final plat subject to conditions in accordance with this article.
(3) all submitted plans conform to all applicable city ordinances, requirements, and conditions of plat approval, and compliance can otherwise be enforced;
(4) all affected departments have determined the basic requirements necessary for final approval;
(5) the proposed building site has adequate all-weather access through public or private right-of-way;
(6) adequate storm drainage outfall exists to safely discharge on-site drainage of a one-percent annual chance flood;
(7) adequate assurance has been received that off-site easements necessary for infrastructure to serve the plat have been secured;
(8) the proposed site has adequate water facilities for emergency fire service;
(9) infrastructure plans for the proposed plat have been submitted to the department and are in general conformance with city standards;
(10) if required by the director, private development contracts and bonds have been submitted;
(11) the application complies with all applicable laws;
(12) the only requirement preventing the building or foundation permit from being issued is the completion and filing for record of the plat;
(13) the building or foundation permit clearly states that no certificate of occupancy will be issued for the property or, for residential applications, no final inspection will be made until all platting requirements have been met;
(14) the owner acknowledges in writing concurrence with the conditions under which the permit is issued; and
SEC. 51A-8.703. CIRCUMVENTION OF REGULATIONS PROHIBITED.
(a) Recording of plat. All plats must be signed by the property owners and filed and recorded with the county clerk of the county in which the property is located in accordance with the requirements of state law. No person may file or cause to be filed for record with the county clerk a proposed plat before the final plat of the property has been endorsed by the commission chair or the subdivision administrator in accordance with this article.
(b) Building permit. No building permit may be issued for the construction of any building or structure located on a tract that was not created in accordance with this article, except that building permits may be issued for:
(1) remodeling or repair of existing structures on such a tract; and
(2) infrastructure construction.
(c) No public or private improvements. No construction of any public or private improvements may be commenced or continued except in conformity with this article.
(d) Certificates of occupancy. No certificate of occupancy may be issued and no final inspection for residential property may be made for property which was not developed in strict compliance with this article, or for property upon which all conditions of plat approval have not been met. The fact that a building permit was issued for the property does not excuse compliance with all regulations, and a certificate of occupancy may be denied if a building permit is issued in error. (Ord. Nos. 20092; 23384; 26529)
SEC. 51A-8.704. UTILITIES.
Utility connections are not authorized until a final plat has been approved by the commission in accordance with this article and filed for record with the county clerk. (Ord. Nos. 20092; 23384)
SEC. 51A-8.705. TAXES.
No final plat may be filed with the county clerk until all taxes assessed by the city against the property have been paid. (Ord. Nos. 20092; 23384; 26529)
SEC. 51A-8.706. APPROVALS AND AGREEMENTS IN WRITING.
Whenever a requirement exists for approval by an official body, a city official, or a city employee, or for an agreement, concurrence, or acknowledgement from an applicant, the approval, agreement, concurrence, or acknowledgement must be expressed in written form. (Ord. Nos. 20092; 23384)
SEC. 51A-8.707. PLATTING IN THE ESCARPMENT ZONE AND IN THE GEOLOGICALLY SIMILAR AREA.
(a) The commission or the subdivision administrator shall refuse permission to plat property in the escarpment zone or in the geologically similar area, as defined in the escarpment regulations of this chapter, unless the director has first issued an escarpment permit for the development proposed.
(b) When property in the escarpment zone or in the geologically similar area is platted:
(1) the escarpment zone or the geologically similar area must be shown on the plat; and
(2) the plat must provide any dedications necessary for maintenance, drainage, or compliance with Division 51A-5.200, “Escarpment Regulations”; and
(3) the property owner is encouraged, but not required, to dedicate the escarpment zone or geologically similar area to the city as park. (Ord. Nos. 20092; 23384; 25047; 26000; 26529; 28073)
SEC. 51A-8.708. WAIVER BY CITY COUNCIL.
Nothing in this division shall preclude the city council from waiving, in whole or in part, any provision of this division in connection with the abandonment, conveyance, or closure of streets or alleys. (Ord. 23384)