PROCEDURE

Southaven Code of Ordinances tit. XII, ch. 2

in effect

Southaven Code of Ordinances § 12-36 General procedure.

Sec. 12-36. - General procedure. (a) Whenever any subdivision of land is proposed, before any recording of deeds and before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner or his authorized agent shall apply for and secure approval of such proposed subdivision in accordance with the following procedure, which includes three (3) steps for a major subdivision and two (2) steps for a minor subdivision: (1) Major subdivision: a. Sketch plat; b. Preliminary plat; c. Final plat; (2) Minor subdivision: a. Sketch plat; b. Final plat. (b) Prior to final approval of any lot in the city which will not be required to have central collection and treatment for sewage, an application must be submitted to the Desoto County health department for notation that septic tanks will be approved and any conditions or limitations for such approval. (c) No plat or replat subdividing land into lots shall be filed or recorded in the office of the chancery clerk of Desoto County, Mississippi, unless and until approved by the planning commission and governing authority and no lot shall be sold from such plat or replat until the plat is filed for record in the office of the chancery clerk of Desoto County, Mississippi. (Ord. No. 29, art. IV(A), 4-5-83)

Southaven Code of Ordinances § 12-37 Major subdivisions.

Sec. 12-37. - Major subdivisions. The subdivider of a major subdivision shall submit a sketch plat and a preliminary plat, except where waived by the director of the planning commission, in accordance with the specifications of this chapter. Upon approval of the sketch and preliminary plats, in accordance with this chapter, the subdivider shall proceed with installation of the minimum improvements as required herein or may submit a final plat for approval by the planning commission in accordance with this chapter. (Ord. No. 29, art. IV(B), 4-5-83)

Southaven Code of Ordinances § 12-38 Minor subdivisions.

Sec. 12-38. - Minor subdivisions. Any subdivider of a minor subdivision shall submit to the planning commission one (1) print of a final plat drawn to scale on eight and one-half-inch by eleven-inch paper containing applicable information as shown in section 12-43. If the proposed minor subdivision is not in violation of any existing applicable statutes or regulations, approval may be given by the director of the planning commission without full consideration by the full planning commission. The recommendation will then be presented to the governing authority for final determination. If the planning commission director disapproves the proposed minor subdivision final plat, the subdivider can appeal to the full planning commission. Minor subdivision plats are not required to be recorded in the plat books by the Desoto County chancery clerk's office; however, approval of such subdivision must be recorded in the minute books of the governing authority, and the street right-of-way, as required in the subdivision design standards contained in subsection 12-71(e), must be conveyed to the city by right-of-way deed. (Ord. No. 29, art. IV(C), 4-5-83)

Southaven Code of Ordinances § 12-39 Sketch plat procedure.

Sec. 12-39. - Sketch plat procedure. (a) The purpose of the sketch plat is to provide the subdivider an opportunity to consult early and informally with the planning commission staff before preparation of a preliminary and/or final plat and submission of a formal application to the planning commission. The intent of this procedure is to assist the subdivider in preparing a plan which will meet the objectives of the comprehensive plan, the requirements of the planning commission and of other public agencies, the improvements and uses of the subdivision and any other potential problems involved in the proposed subdivision. (b) The subdivider shall submit to the planning commission staff a sketch plat showing the boundaries of the proposed subdivision and its relationship to surrounding properties, natural features and the proposed street and lot pattern. This step does not require a formal application or filing fee. Upon receipt of the sketch plat, the planning commission staff shall review the sketch plat and notify the subdivider through consultation and/or writing that the sketch plat as submitted, or modified, meets the objectives of this title, or does not meet the objectives of this title and the reason therefor. (Ord. No. 29, art. IV(D), 4-5-83)

Southaven Code of Ordinances § 12-40 Preliminary plat application procedure.

Sec. 12-40. - Preliminary plat application procedure. (a) Twenty (20) copies of the preliminary plat, drawn to scale of one hundred (100) feet to the inch, and folded to eight and one-half (8½) inches by eleven (11) inches in size, conforming to the requirements of section 12-41 shall be submitted to the planning commission. The plat shall be accompanied by an application and a filing fee to be established by the governing authority by resolution. Applications must be made no later than the first working day of the month to be heard at the next meeting of the planning commission. (b) If the planning commission, after the recommendation of the city engineer, finds that the preliminary plat satisfies the requirements of this title, it shall approve the plat. The subdivider or his agent must be present at the planning commission meeting scheduled to hear the submitted application unless otherwise advised by the director of the planning commission. (c) If the planning commission finds otherwise, it shall specify the objections found to such plat and may either disapprove or approve the plat conditional upon specific changes being made to the plat prior to the submission of the final plat. (d) Within ninety (90) days after submission of the preliminary plat and other required materials submitted in conformity to these regulations, the planning commission shall specify to the subdivider its approval and state the conditions of such approval, or, in the event of disapproval, shall state its disapproval and reasons therefor. However, the subdivider may waive the time limitation requirements and consent to an extension of such period. (e) The planning commission may attach additional conditions not specified in this title and reject a subdivision if it has been determined that the proposed subdivision is not in keeping with the general character of the development in the area and that, in the best interest of the public, the site is not suitable for the proposed development purposes. (f) When requested, one (1) copy of the proposed plat and findings of the planning commission shall be given the person offering the proposed plat, together with a certificate of approval or disapproval of the planning commission. Approval of the preliminary plat by the planning commission does not constitute a final acceptance or approval of the proposed subdivision. (g) On the basis of approval of the preliminary plat, the subdivider may proceed with the installation of minimum improvements with reasonable assurance that no major changes will be required or made at a later stage of the approval process, provided final plat approval is obtained within two (2) years from the date of preliminary approval, or the subdivider may proceed toward filing a final plat, as described in section 12-42. However, after two (2) years from the date of preliminary approval, the planning commission may require resubmission of preliminary plans if no final approval has been given. (Ord. No. 29, art. IV(E), 4-5-83; Ord. of 6-18-89(2), § 1; Ord. of 12-8-95(2), § I; Ord. of 4-16-96(4), § I)

Southaven Code of Ordinances § 12-41 Data for preliminary plat.

Sec. 12-41. - Data for preliminary plat. (a) Preliminary plat and twenty (20) copies of the plat, folded to eight and one-half (8½) inches by eleven (11) inches, shall be at a scale of one hundred (100) feet to one (1) inch unless otherwise specified by the planning commission staff. The preliminary plat and accompanying documents shall show the following: (1) The proposed lot lines, lot numbers and the lot layout for the subdivision; (2) Minimum building setback lines; (3) The location of all existing and proposed streets, alleys or access easements in the subdivision, including dimensions of right-of-way widths, street names; (4) Easements, their location, width and purpose; (5) Sites reserved for parks, public spaces, drainage areas; (6) The proposed use of all land in the subdivision, including any reserved areas and the acreage. (b) General information. The preliminary plat shall show: (1) The location of existing property lines, streets, buildings, watercourses, zoning classifications and other existing features within the area to be subdivided and similar information regarding existing conditions of land immediately adjacent thereto; (2) The acreage of the land to be subdivided; (3) Areas which are subject to periodic inundation (100-year flood elevation); (4) The proposals for sewer and water service shown as a note on plat and any accompanying documentation from appropriate agencies; (5) The title under which the proposed subdivision is to be recorded, and the name and Mississippi registration number of the engineer, registered land surveyor, planner, and the subdivider platting the tract; (6) Location sketch map showing relationship of subdivision site to area, including township, range section and parts of sections; (7) The names and adjoining boundaries of all adjoining subdivisions and the names of recorded owners of adjoining parcels of unsubdivided land; (8) Existing topography shown by contour lines at intervals of not greater than two (2) feet for the entire subject site and within one hundred (100) feet of the subject site's boundaries. (9) North point, graphic scale and date; (10) The subdivider's proposal to the governing authority for accomplishing the installation of improvements in accordance with chapter 4 of this title. (Ord. No. 29, art. IV(F), 4-5-83; Ord. of 6-18-89(2), § 2; Ord. of 12-8-95(2), § II)

Southaven Code of Ordinances § 12-42 Final plat application procedure.

Sec. 12-42. - Final plat application procedure. (a) Twenty (20) copies of the final plat, folded to eight and one-half (8½) inches by eleven (11) inches in size, at a scale of one (1) inch equals one hundred (100) feet, and three (3) prints at a scale of one (1) inch equals two hundred (200) feet, of the final plat, accompanied by an application form supplied by the planning commission, a filing fee to be established by the governing authority by resolution, together with copies of any deed restrictions where such restrictions are too lengthy to be shown on the plat, shall be submitted to the planning commission. Application shall be made no later than the second Monday of the month to be heard at the next meeting of the planning commission. (b) When the final plat conforms to the approved preliminary plat, and the requirements of this chapter have been accomplished, the final plat shall be approved by the planning commission, and the plat thereupon submitted to the governing authority for its review and final determination. When the final plat does not conform to the approved preliminary plat, the planning commission shall submit its recommendations to the governing authority for approval or disapproval of the final plat. The subdivider or his agent must be present at the planning commission meeting scheduled to hear the submitted application unless otherwise advised by the director of the planning commission. (c) If the subdivision improvements required in chapter 4 of this title have not already been installed as explained in subsection 12-40(f), the subdivider may either: (1) Proceed to install the required improvements before the subdivision may be recorded and lots sold; or (2) A performance bond must be provided to cover the costs of the required improvements and the subdivision may be recorded immediately and lots sold. Once the improvements have been installed, a maintenance bond must be provided as described in subsection 12-97(d), after which the performance bond is released. (d) After approval of the final plat by the governing authority and required improvements are installed or appropriate arrangements have been made therefor, a cloth-backed original plat shall be recorded in the office of the chancery clerk within one (1) year and, if not filed, such plat shall have no validity and shall not be recorded without concurrence of the planning commission. A cloth-backed copy of the recorded plat shall be provided to the planning commission for its official records. (e) Any land dedicated to the city for park purposes in a subdivision shall be conveyed to the city free and clear of all encumbrances at the same time the plat of subdivision is filed, such deeds to be without restrictions or covenants except requirement that the land be used for park purposes without reversion and without references to the subdivision, if any, on which the land is shown. (Ord. No. 29, art. IV(G), 4-5-83; Ord. of 6-18-89(2), § 3; Ord. of 12-8-95(2), § III; Ord. of 4-16-96(4), § II)

Southaven Code of Ordinances § 12-43 Data for final plat.

Sec. 12-43. - Data for final plat. (a) The final plat and five (5) prints shall be at a scale of not more than one hundred (100) feet to one (1) inch from an accurate survey and on one (1) or more sheets whose dimensions shall be eighteen (18) inches by twenty-four (24) inches. If more than two (2) sheets are required, an index sheet of the same dimensions shall be filed showing the entire subdivision on one (1) sheet and the component areas shown on other sheets. The final plat and the accompanying documentation shall show the following: (1) The boundary lines of the area being subdivided with accurate distances and angles, showing all relationships of the subdivision to section, township and range; (2) The lines of all proposed streets and alleys with their widths and the names of all streets; (3) The accurate outline of any portions of the property intended to be dedicated or granted for public use, with a statement of dedication thereon; (4) The lines of all adjoining property and the lines of adjoining streets and alleys with their widths and the names of all streets within one hundred (100) feet of the proposed subdivision; (5) All lot lines together with an identification of all lots, which shall be numbered consecutively; (6) The location of all building lines and easements provided for public use, services or utilities; (7) All dimensions, both linear and angular, necessary for locating the boundaries of the subdivision, lots, streets, alleys, easements and other areas for public or private use. Linear dimensions are to be given to the nearest one hundredth of a foot; (8) The radii, arcs or chords, points of tangency and central angles for curvilinear streets and radii for rounded corners; (9) The location of all survey monuments and their descriptions as provided in section 12-99. (b) General information. The final plat shall show the following: (1) The name of the subdivision, a graphic scale of the plat, a north arrow oriented toward the top of the page, the date, and the name of the owner or owners or subdividers; (2) Location sketch map showing relationship of subdivision site to area including township, range, section and parts of sections; (3) The certificate, Mississippi registration number and legal seal of a registered engineer of land surveyor attesting the accuracy or the survey and the correct location of all monuments shown. The following certification of the engineer or surveyor of record for the proposed subdivision shall be included on all final plats: "I hereby certify that all dimensions, angles, bearings, and areas shown on this plat are correct, and that the exterior boundaries and interior lot dimensions comply with minimum state standards of accuracy for surveying"; (4) Private restrictions and trusteeships and their periods of existence; should these restrictions or trusteeships be of such length as to make their lettering on the plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat; (5) Acknowledgement of the owner or owners of the plat, and restrictions including dedication to public use of all streets, alleys, parks or other open spaces shown thereon and the granting of easements required; (6) Proper certificates for owner, notary public, registered engineer or land surveyor, planning commission, board of aldermen, and chancery clerk shall be in accordance with the following: OWNER'S CERTIFICATE I, ___________, OWNER OR AUTHORIZED REPRESENTATIVE OF THE OWNER OF THE PROPERTY, HEREBY ADOPT THIS AS MY PLAN OF SUBDIVISION AND DEDICATE THE RIGHTS-OF-WAY FOR THE ROADS AS SHOWN HEREON TO THE PUBLIC USE FOREVER, AND RESERVE FOR THE PUBLIC UTILITIES THE UTILITY EASEMENTS AS SHOWN ON THE PLAT. I CERTIFY THAT I AM THE OWNER IN FEE SIMPLE OF THE PROPERTY AND THAT NO TAXES HAVE BECOME DUE AND PAYABLE. THIS THE _______ DAY OF _______ 19___. ;sigl; \SIGNATURE OF OWNER OR REPRESENTATIVE NOTARY'S CERTIFICATE (Individual) STATE OF MISSISSIPPI COUNTY OF DESOTO Personally appeared before me, the undersigned authority in and for said county and state, the within named ___________, who acknowledged that he/she signed and delivered the foregoing plat for the purpose therein mentioned. Give under my hand and official seal of office this day of ________, 19___. ;sigl; \NOTARY PUBLIC NOTARY'S CERTIFICATE (Corporate) STATE OF MISSISSIPPI COUNTY OF DESOTO Personally appeared before me, the undersigned authority in and for said county and state, the within named ___________, who acknowledged that he/she is _______ of _______, a corporation, and that for and on behalf of said corporation, and as its act and deed he/she executed the foregoing instrument, after first having been duly authorized by said corporation so to do. Given under my hand and official seal of office this the _______ day of _______, 19___. ;sigl; \NOTARY PUBLIC APPROVED BY THE SOUTHAVEN PLANNING COMMISSION ON THIS THE _______ DAY OF _______, 19___. ;sigr; \CHAIRMAN OF PLANNING COMMISSION ATTEST: ;sigl; \SECRETARY OF PLANNING COMMISSION APPROVED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF SOUTHAVEN ON THIS THE _______ DAY OF _______, 19___. ;sigr; \MAYOR OF SOUTHAVEN ATTEST: ;sigl; \CITY CLERK OF SOUTHAVEN STATE OF MISSISSIPPI COUNTY OF DESOTO I HEREBY CERTIFY THAT THE SUBDIVISION PLAT SHOWN HEREON WAS FILED FOR RECORD IN MY OFFICE AT _______ O'CLOCK M., ON THE _______ DAY OF _______, 19___ AND WAS IMMEDIATELY ENTERED UPON THE PROPER INDEXES AND DULY RECORDED IN PLAT BOOK _______ AT PAGE _______. ;sigl; \CHANCERY COURT CERTIFICATE OF ENGINEER THIS IS TO CERTIFY THAT I HAVE DRAWN THIS SUBDIVISION SHOWN HEREON AND THE PLAT OF SAME IS ACCURATELY DRAWN FROM INFORMATION FROM A GROUND SURVEY BY ME OR UNDER MY DIRECT SUPERVISION. _______ THE PLATTED PROPERTY IS SUBJECT TO THOSE COVENANTS, RESTRICTIONS AND EASEMENTS AS SET FORTH IN DOCUMENT FILED FOR RECORD IN BOOK _______ PAGE _______, AND AS MAY OTHERWISE BE AMENDED FROM TIME TO TIME, IN THE OFFICE OF THE CHANCERY CLERK OF DESOTO COUNTY, MISSISSIPPI, TO WHICH DOCUMENT REFERENCE IS HEREBY MADE. ANY PROPERTY OWNER SHALL BE BOUND BY THE TERMS OF SAID DOCUMENT. (Ord. No. 29, art. IV(H), 4-5-83; Ord. of 12-8-95(2), §§ IV, V)

Southaven Code of Ordinances § 12-44 Recording final plat.

Sec. 12-44. - Recording final plat. After final approval is obtained from the governing authority and all conditions have been satisfied, two (2) mylars with plain paper separator sheets shall be submitted for recording which shall contain the necessary signatures, certificates and seals as specified in subsection 12-43(b) along with any agreements, and bonds, if necessary, a recording fee as established by the office of the chancery clerk, and an attorney's certificate of title certifying title to the land subdivided valid as of the date of recording. (Ord. No. 29, art. IV(I), 4-5-83; Ord. of 4-20-99)

Southaven Code of Ordinances § 12-45 Relation to planned unit development (PUD).

Sec. 12-45. - Relation to planned unit development (PUD). (a) Any portion of a tract zoned as a PUD district may be submitted for approval as a major subdivision, provided that the PUD district zoning regulations governing the approval of a preliminary site plan are met. In submitting any PUD subdivision for approval, the prior action of the planning commission and the appropriate legislative body in granting the zoning application shall be sufficient preliminary plat approval within the meaning of this chapter. No preliminary plat specified in this chapter shall be required. (b) The basic purpose of PUD is to allow flexibility in the development of planned communities. PUD is intended to facilitate total density control as an alternative to regulation of individual lot size, harmonious development of mixed land uses, creative alternatives to traditional standards for minimum improvements, and development of attractive and functional common areas for recreational and other purposes. Within the general limitations of the comprehensive plan, the intent of this title and the public interest, convenience, safety and welfare, the planning commission may consider this purpose and may waive or modify any requirements of chapters 3 and 4 of this title. (Ord. No. 29, art. IV(J), 4-5-83)

Source: City of Southaven, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/southaven/codes/code_of_ordinances?nodeId=CO_TITXIISURE_CH2PRFetched: 11/1/2026