§ 35-8. Final plat and preliminary/final plat—Filing.

(a)

Any person proposing to subdivide or plat land may file a final plat of such proposed subdivision for consideration by the planning and zoning commission following approval by the planning and zoning commission of the preliminary plat.

(b)

Any person proposing to subdivide or plat land may file a preliminary/final plat of such proposed subdivision for consideration of the planning and zoning commission without the necessity of filing a preliminary plat, provided that all information required by section 35-9 shall be submitted with such preliminary/final plat to the department of community development.

(1)

Except for section 35-8(a) all requirements and provisions for the final plat in Article II shall also apply to the preliminary/final plat.

(c)

When construction is required, engineering plans showing details of streets, sidewalks, alleys, culverts, bridges, storm sewers, drainage channels, water mains, sanitary sewers and other engineering details of the proposed development shall be submitted with the final plat.

(1)

Such plans shall be prepared under the direction of a professional engineer registered in the State of Texas and shall conform to the design standards established by the City of Irving. The final plat will not be recommended for approval to the planning and zoning commission until detailed engineering plans have been approved by the city engineer.

(2)

If construction has not commenced within two (2) years following approval of the engineering plans, resubmittal of plans may be required by the city engineer to insure current standards and engineering requirements are met. The city engineer shall not accept the improvements for purposes of certificates of occupancy or utility connection where construction has not commenced within two (2) years following approval of the engineering plans unless the improvements meet city standards current at the time of submission of the new plans.

(d)

(1) Where an applicant proposes to include within a preliminary, preliminary/final or final plat property which includes part but not all of a previously platted lot, thus creating a partial lot replat, the applicant shall provide a title history of the previously platted lot, prepared by a title company, title service company or a lawyer, which includes a drawing of the previously platted lot with ownership lines as well as a copy of each deed going back from the present time to the time the lot was last within a single ownership. The city shall not accept for filing any preliminary, preliminary/final, or final plat which plats only a part of a previously platted lot unless the title history accompanies the request, except as provided below. If the applicant is the one who divided the ownership of the previously platted lot, or is responsible therefor, his present plat shall be denied unless he amends to bring in the entirety of the previously platted lot, except as provided below.

(2)

Subsection (d)(1) above, regarding partial lot replats, shall not apply if the applicant can show that the subdivision of property without platting that created the partial lot occurred prior to January 1, 1980, and that he does not own the remainder of the original platted lot.

(3)

Subsection (d)(1) above, regarding partial lot replats, shall not apply if the applicant can show that the entirety of the remainder of the original platted lot has already been replatted so that no partial lot will remain after the applicant's plat is approved.

(e)

Copies of a final plat of a proposed subdivision shall be filed with the department of community development as required by the city, and the required fee shall accompany the final plat. If there has not been a preliminary plat which includes the area encompassed by the final plat which has been approved by the planning and zoning commission, additional fees as required by the city shall accompany the final plat.

(f)

Upon the payment of the required fees, the director of community development shall check and verify the information shown on the final plat or preliminary/final plat, prepare a report to the planning and zoning commission setting forth his findings.

(g)

The subdivider shall file, with the final plat, a certificate showing that all city taxes have been paid on the tract to be subdivided and that no delinquent city taxes exist against the property. The city may deny acceptance of the plat for filing until delinquent city taxes are paid.

(Ord. No. 5740, § 2, 1-18-90; Ord. No. 6537, § 1, 12-15-94)