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ORDINANCE NO. 19-3686
AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, DELETING IN
ITS ENTIRETY CHAPTER 10 OF THE CODE OF ORDINANCES OF THE
CITY OF PLAINVIEW AND REPLACING IT WITH A NEW CHAPTER 10
ENTITLED "SUBDIVISION REGULATIONS", INCORPORATING
ARTICLES 10.01 THROUGH 10.09, APPENDIX "A" AND APPENDIX "B";
PROVIDING FOR NEW DEVELOPMENT CONSISTENT WITH THE
CITY'S COMPREHENSIVE LAND USE PLAN; PROVIDING FOR
HARMONIOUS DEVELOPMENT IN THE CITY'S EXTRATERRITORIAL
JURISDICTION (ETJ); PROMOTING THE HEALTH, SAFETY, MORALS
AND GENERAL WELFARE OF THE COMMUNITY; ESTABLISHING LOT
AND SUBDIVISION STANDARDS, STANDARDIZED DEVELOPMENT
PROCEDURES, PLAT APPROVAL PROCESS, PERMIT APPROVAL
PROCESS, ADMINISTRATIVE APPROVALS, AND PUBLIC BODY
APPROVALS; PROVIDING AN APPEALS PROCESS; PROVIDING FOR
ENFORCEMENT PROCEDURES; PROVIDING A PENALTY CLAUSE OF
UP TO $2000 PER DAY PER VIOLATION; REPEALING ALL
CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION OF THE CAPTION THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council for the City of Plainview, Texas pursuant to the
constitution and laws of the State of Texas including, but not limited to, Article 11, Section
5 of the Texas Constitution as a home rule city, has the authority to set forth ordinances
and regulations and exercise its police powers for the public health, safety, morals, or
general welfare of the citizens of the City of Plainview; and
WHEREAS, Chapter 212 of the Texas Local Government Code authorizes the City
Council of the City of Plainview, Texas ("City Council"), after conducting a public hearing,
to adopt rules governing plats and subdivisions of land within the municipality's jurisdiction
to promote the health, safety, morals, or general welfare of the municipality and the safe,
orderly, and healthful development of the municipality;
WHEREAS, on October 28, 2018, the Planning and Zoning Commission of the City
of Plainview and the City Council conducted a joint workshop to review a draft of the
Subdivision Ordinance and the public was afforded an opportunity to provide public
comment on the draft ordinance through the end of November 2018;
WHEREAS, the Planning and Zoning Commission considered this draft of the
Subdivision Ordinance on January 3, 2018, and voted to recommend the City Council
approve this ordinance; and
WHEREAS, on January 8, 2018, the City Council conducted a public hearing at a
regular council meeting and all interested persons were given an opportunity to speak on
Ordinance No. 19-3686 Page 1 of 3
57
the proposed ordinance; and
WHEREAS, Texas Local Government Code § 212.003 grants the City of
Plainview to extend its authority outlined in its Subdivision Ordinance to its extraterritorial
jurisdiction as determined by Chapter 42 of the Texas Local Government Code; and
WHEREAS, in order to ensure that new development is consistent with the City's
Comprehensive Plan; to provide for the harmonious development within the City and its
extraterritorial jurisdiction by properly aligning all existing and planned streets,
infrastructure and utilities; to promote the health, safety, morals and general welfare of
the community; to provide for the adequate provision of traffic, light, air, recreation,
transportation, water, drainage, sewage and other facilities; to ensure that development
is compatible with and properly integrated into existing and future neighborhoods; to
assure that facilities to be accepted and maintained by the City are properly located and
constructed, and other matters enumerated within the Subdivision Ordinance; and
WHEREAS, the City Council of the City of Plainview, finds replacing in its entirety
the previously approved Chapter 10 of the Code of Ordinances for the City of Plainview
regarding subdivision regulations better serves the citizenry of the City of Plainview and
better meets the goals outlined above and is reasonable and beneficial for the public
health, safety and general welfare of the citizens of Plainview and a proper exercise of its
police power;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PLAINVIEW, TEXAS, THAT:
SECTION 1. The recitals set forth above are hereby found to be true and
correct and are incorporated into the body of this Ordinance for all purposes as if fully set
forth herein.
SECTION 2. The Code of Ordinances for the City of Plainview, Texas is
hereby amended by deleting in its entirety "CHAPTER 10 SUBDIVISION
REGULATION", including all articles and appendices therein, and replacing it with an
ordinance, which is attached hereto and incorporated herein as though set forth fully
herein, entitled "CHAPTER 10 SUBDIVISION REGULATIONS" including all articles and
appendices outlined therein.
SECTION 3. Penalty. Any person found in violation of any provision of this
ordinance shall be shall be guilty of a misdemeanor and upon conviction thereof shall be
fined in accordance with the general penalty provision found in Section 1.01.009 of the
Code of Ordinances of the City of Plainview, Texas.
SECTION 4. Effective Date. This ordinance shall take effect immediately
from and after its final passage and publication as may be required by governing law.
Ordinance No. 19-3686 Page 2 of 3
SECTION 5. Repealed. All other terms and provisions of the Code of
Ordinances of the City of Plainview, not in conflict herewith and not hereby amended shall
remain in full force and effect.
SECTION 6. Severability. Should any paragraph, section, sentence,
phrase, clause or word of this ordinance be declared unconstitutional or invalid for any
reason, the remainder of this ordinance shall not be affected thereby and shall remain in
full force and effect.
SECTION 7. Publication. The City Secretary of the City of Plainview is
hereby authorized and directed to cause publication of the descriptive caption of this
ordinance as an alternative method provided by law.
Passed and approved on first reading this 8th day of January, 2019.
Passed and approved on second reading this 22nd day of January, 2019.
Susan Blackerby, Mayor Pro Tem
ATTEST:
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Belinda Hinojosa, Cit Secretary
APPROVED AS TO CONTENT:
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Jeff r yde ity Manager
APPROVED AS TO FORM:
.l iJ
Mattew L. Wade, City Attorney
Ordinance No. 19-3686
Page 3 of 3
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CHAPTER 10 SUBDIVISON REGULATIONS...................................................................................................................................2
Article 10.01- Authority, Purpose, and Applicability..........................................................................................................2
Article 10.02 - Lot and Subdivision Standards.......................................................................................................................4
Article10.03 - Special Agreements..........................................................................................................................................12
Article 10.04 - Administrative Bodies.....................................................................................................................................14
Article 10.05 - Standardized Development Procedures..................................................................................................16
Article 10.06 - Administrative Approvals: Permits and Procedures.......................................................................... 20
Article 10.07 - Public Body Approvals: Permits and Procedures................................................................................ 22
Article10.08 - Enforcement........................................................................................................................................................29
Article 10.09 - Rules of Construction and Definitions......................................................................................................30
AppendixA - Thoroughfare Map...............................................................................................................................................34
Appendix B - Required Dedication Statement.....................................................................................................................35
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CHAPTER 10 SUBDIVISON REGULATIONS
Article 10.01- Authority, Purpose, and Applicability
Sec. 10.01.001, Title
The City of Plainview Subdivision Regulations shall be known as, and may be referred to as "the Plainview
Subdivision Regulations" or "this Chapter."
Sec. 10.01.002, Authority
This ordinance is adopted:
a. Under the authority of the Constitution and laws of the State of Texas, including but not limited to the
following chapters of the Texas Local Government Code (TLGC), as amended:
1. Chapter 42, Extraterritorial Jurisdiction of Municipalities;
2. Chapter 212, Municipal Regulation of Subdivisions and Property Development; and
3. Chapter 245, Issuance of Local Permits.
b. Pursuant to the provisions of the City's Home Rule Charter.
Sec. 10.01.003, Purposes
The purposes of this ordinance are to:
a. Ensure that new development is consistent with the City's Comprehensive Plan;
b. Provide for the harmonious development of the City and its extraterritorial jurisdiction (ETJ) by
properly aligning all existing and planned streets along with other necessary municipal infrastructure;
c. Promote the health, safety, morals, and general welfare of the community;
d. Provide adequate provision for traffic, light, air, recreation, transportation, water, drainage, sewage and
other facilities;
e. Ensure that development is compatible with and properly integrated into existing and future
neighborhoods;
f. Assure that facilities to be accepted and maintained by the City are properly located and constructed;
g. Ensure that subdivisions and subdivision improvements are designed to:
1. Reduce potential impacts on street congestion by:
a. Providing alternative travel routes;
b. Promoting alternative modes of transportation; and
c. Lessening overall vehicle miles traveled.
2. Promote the orderly layout and use of land;
3. Secure safety from fire and other dangers;
4. Protect groundwater and surface water resources from contamination; and
5. Facilitate adequate infrastructure development for neighborhood schools, parks, and
playgrounds.
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Sec. 10.01.004, Jurisdiction
Unless otherwise noted all provisions of this Chapter apply only within the corporate limits of the City of
Plainview, Texas and its extraterritorial jurisdiction (ETJ).
Sec. 10.01.005, Applicability
a. Generally. Any owner of land located inside the corporate limits of the City of Plainview or within its
ETJ wishing to subdivide such land, into two or more parts for any and all land uses, shall submit to the
Planning and Zoning Commission an application which shall conform to the minimum requirements set
forth in this Chapter.
b. Exemption. Parcels of property being subdivided are exempt from the requirements of this Chapter
when each new parcel of property will
1. Be ten acres or greater;
2. Have public road frontage; and
3. Have no public improvement dedicated to the property.
Sec. 10.01.006, Consistency with Zoning and Comprehensive Plan
a. Comprehensive Plan. All subdivisions shall be consistent with the City's most recent Comprehensive
Plan
b. Zoning.
1. Within the corporate limits, no land contained in any proposed subdivision shall be reserved for
any land use other than a use permitted by Article 14.03, Land Uses, of this Code of Ordinances
for the zoning district in which the land is located.
2. All subdivisions shall conform with Article 14.05, Lot, Density, Design, and Historic Standards, of
the City's Code of Ordinances.
3. No subdivision design shall be approved that requires a change in zoning until the rezoning
request is officially approved.
Sec. 10.01.007, Enactment and Effective Date
a. Enactment. The enactment of this Chapter shall repeal and replace the City of Plainview Subdivision
Regulations, as adopted on October 24, 1989, by Ordinance 89-2807, replaced by Ordinance 19-3686,
hereafter titled the City of Plainview Subdivision Regulations Ordinance, and adopted by the City Council
on January 22, 2019.
b. Effective Date. The effective date of January 25, 2019 shall be the date when this Ordinance enters
into the full force of the law.
Sec. 10.01.008, Transition Standards
a. Development Approvals Predating Code's Effective Date.
1. It is the City's intent to respect existing development approvals. Approved development may be
carried out within the scope of the development approval, including applicable standards in
effect at the time of approval, provided that the approval was valid and has not lapsed per Sec.
10.05.005, Inactive and Expired Applications.
2. This Section does not prevent the City from:
a. Adopting or enforcing building codes; or
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b. Prohibiting the use of building materials that have been proven to be inherently
dangerous.
b. Pending Applications.
1. Except as provided in subsection b(2) below, each application for development approval shall
be evaluated only by the adopted ordinances and technical regulations in effect at the time that
each complete application is submitted.
2. Applications that are not pursued with due diligence may expire pursuant to Sec. 10.05.005,
Inactive and Expired Applications.
Article 10.02 - Lot and Subdivision Standards
Sec. 10.02.001, Development Design Principles
a. Generally. The standards of this Article shall be applied when applicable to subdivision plat review in
the context of the development design principles of this Section. It is the policy of the City that the
principles of this Section be applied to the maximum extent possible without imposing burdensome
restrictions on the applicant.
b. Compatibility. A proposed subdivision plat shall be designed in a way that:
1. Provides appropriate space for buffers and transitions between incompatible land uses;
2. Provides vehicular and pedestrian linkages between residential uses and nonresidential uses;
3. Protects neighboring property from stormwater runoff;
4. Anticipates and provides for future vehicular and pedestrian connections to neighboring
properties that are likely to be developed or redeveloped with similar or supportive land uses
within ten years;
5. Minimizes interference with existing access to adjacent and nearby properties, unless new and
improved access is provided by the proposed development; and
6. Does not reduce the effectiveness of public utilities that are provided to surrounding
development.
c. Consistency with City Public Improvement Plans. The proposed site development plan or
subdivision plat shall conform to all adopted and applicable capital improvement plans of the City with
regard to public infrastructure and facilities, including trails and parks.
d. Future Development. The proposed subdivision plat shall be designed in a way that shows how future
development of adjacent parcels under common ownership will relate to the parcel that is the subject
of the application in terms of transportation linkages and utilities.
Sec. 10.02.002, Subdivision and Street Names
a. Naming Parameters. Developers have the right and responsibility to determine any and all newly
proposed street and subdivision names so long as:
1. Duplicative Names Prohibited. The name of either a street or subdivision is not duplicative or is
phonetically similar to an existing street or subdivision name, irrespective of the use of suffix.
For example, Pecan Street and Pecan Avenue would be considered duplicative. Additionally,
West Austin Street would be considered duplicative from East Austin Street.
2. StreetAlignment. Proposed streets which are obviously in alignment with other existing and
named streets, shall bear the assigned name and numbering scheme of the existing streets.
b. Names Placed on Subdivision Plat Proposed street names shall be clearly depicted on any and all
required subdivision plat submittals.
c. Emergency Management Coordination The Administrator shall forward the information to the
proper entities for additional review as it relates to addressing for dispatching of emergency services.
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Sec. 10.02.003, Streets and Public Rights -of -Way
a. Subdivision Plat Approval Required. No
concrete shall be poured for streets, structures,
or curbs and gutters, nor shall any flexible base
material be placed on the street subgrade, or
asphaltic surface applied without approval being
granted. The right to do so via compliance with
this Chapter and all other development
regulations of the City.
b. Relation to Adjoining Street System. The
proposed street system shall extend all existing
major streets and existing secondary and local
access streets or terminate in accordance with
subsection (h).
c. Future Street Access. If the lots or tracts of land
in the proposed subdivision are large enough to
permit further subdivision, consideration must
be given to possible future street openings and
access to future lots which could result.
d. Through Traffic. Local streets shall be designed
so as to discourage high-speed or through
traffic.
e. Topography. The street system shall bear a
logical relationship to the natural topography of
the ground.
f. Right -of -Way Minimum Width. See Table
10.02.003.
g. Street Pavement Minimum Width. See Table
10.02.003.
Table 10.02.003: Right -of -Way and Street Pavement
by Street Classification Type'
Proposed
Right -of -Way
Street TypesWidths
Width Minimum'
Width Minimum
Arterial Street
78 ft. 46 ft.
(Divided)
Arterial Street
76 ft.
46 ft.
(Undivided)
Collector Street
64 ft.
40 ft.
Local Street
60 ft.
36 ft.
1 Additional right-of-way width and/or street pavement width
may be required to accommodate the existing rights-of-way
and existing street pavement.
2"Right-of-Way Width Minimum" shall be measured from front
lot line to front lot line of opposite lots. See Figure 10.02.003A,
Right -of -Way and Pavement Width Minimums for required
cross-sections.
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h. Dead -End Streets, Turn-Arounds, and Cul -De -Sacs.
1. Generally.
a. Permeant dead end streets without a cul-de-sac are expressly prohibited.
b.Cul-de-sacs and temporary turn-arounds are not allowed except as provided in this
subsection.
c. Dead-end streets, turn-arounds, and cul-de-sacs are expressly prohibited on collector or
arterial streets.
2. Cul -De -Sacs. Cul-de-sacs shall meet the following standards:
a. Maximum Length. The maximum length of a cul-de-sac street with a permanent
turnaround shall be 600 feet, measured from the right-of-way line of the intersecting
street to the center point of the turn -around circle. The length of the cul-de-sac shall be
measured along the centerline of the cul-de-sac street from a point beginning at the
intersection of the cul-de-sac street and the intersecting street to its furthest point from
the point of the beginning.
b.Minimum Radii. The minimum radii of cul-de-sacs shall be at least:
1. Residential (RA, SR, MR, MF, MH Zoning Districts): 50 ft. pavement; 70 ft. right-
of-way
2. Nonresidential (CU, CB, NC, GC, LI, HI Zoning Districts): 90 ft. pavement; 100 ft.
right-of-way.
Temporary Turn-Arounds. In order to avoid requiring a cul-de-sac, dead end streets may
terminate in a temporary turn -around if the following requirements are met:
a. The temporary turn -around is being installed only as a temporary measure until the
remaining phase(s) of a multiphase project can be completed.
b.Adequate surety is provided for both the temporary turn -around construction and the
future development.
c. A 50 foot radius is installed for the temporary turn -around, which allows for emergency
vehicles to turn around without backing.
d.The turn -around shall have a paved surface and a base that meets the requirements for
a public street. A gravel surface may be allowed if the temporary turn -around will be in
use for less than 12 months and security is provided to pave the turn -around if the
anticipated connection is not made within 12 months.
e. The following note should be placed on the subdivision plat: "Cross -hatched area is a
temporary easement for turn -around until street is extended (give direction)."
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f. A temporary easement is recorded using the form provided in Appendix B, Required
Dedication Statement.
Street Intersections.
1. Angle of Intersection. All streets shall intersect at a 90 degree angle. However, where natural
resources, soils, or other site conditions justify variations from right angles, intersections
between 70 and 110 degrees may be allowed, provided that the intersection is as close to 90
degrees as possible. Variations of more than five degrees must be approved by the Planning and
Zoning Commission.
2. Centerline Tie With Existing Streets. Each new street intersecting with or extending to meet an
existing street shall be tied to the existing street:
a. With dimensions and bearings to show relationship; and
b. Either on centerline or offset by the following distances:
1. Local street: 125 ft.
2. Collector street: 150 ft.
3. Arterial street: 150 ft.
j. Curb and Gutter. Curb and gutters shall be provided along both sides of the all local streets in
accordance with the City of Plainview Street Design Technical Standards.
k. Street Pavement. All streets shall be paved in accordance with the City of Plainview Street Design
Technical Standards.
1. Street Lighting. Street lighting shall be provided and shall meet the design standards for intensity,
location, and type as provided in the City of Plainview Street Design Technical Standards.
m. Street Name and Traffic Signs. All street name signs and traffic signs shall be provided by the City.
n. Partial Streets/Half-Streets. Partial streets and half streets shall be prohibited except to complete
abutting partial streets or half streets that were dedicated prior to the effective date of this Chapter.
o. Private Streets.
1. Private Streets are permitted only if they meet all City requirements including, but not limited
to this Ordinance and the City of Plainview Street Design Technical Standards.
2. Gated streets shall provide access for entry via knoxbox, electronic card, or similar access.
p. Fire Lanes. The City may require the applicant to provide areas reserved and identified for fire lanes or
emergency access ways for certain commercial, apartment, industrial and other uses.
q. Traffic Impact Analysis.
1. Where a proposed new development may create either increased traffic, intersection
congestion, or any transportation concern, the City may require the developer to fund a traffic
impact analysis.
2. The developer may be required to share with the City the cost of any traffic management facility
as is roughly proportional to the new development.
r. Public Rights -of -Way.
1. Required.
a. Generally. Alleys shall be required along the rear line of all lots to be used in all
residential, commercial, and industrial districts.
b. Exception. Where other definite and assured provisions can be made for service access,
such as off-street loading, unloading, and parking consistent with and adequate for the
use proposed, then the Planning and Zoning Commission may waive the alley
requirement in subsection (r)1(a) for properties within either a commercial or
industrial district.
2. Width.
a. Residential. Alleys in residential zoning districts (RA, SR, MR, MF, MH) shall not be less
than 20 feet in right-of-way width and all 20 feet must be paved with either concrete or
asphalt materials.
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b. Commercial and Industrial. Service alleys in commercial and industrial districts shall be
a minimum of 25 feet in right-of-way width and must be concrete paved 20 feet in
width.
3. Cut -Offs. In case of two intersecting alleys or the intersection of an alley and street, a cut-off
shall be required at each corner. Cut-offs shall be triangles having two equal sides each of which
shall not be less than 20 feet in length or of such greater distance to provide safe vehicular
movement.
4. Dead -End Alleys. No permanent dead-end alleys shall be permitted.
5. Connectivity. Alleys and cul-de-sacs in new subdivisions shall connect to and/or be aligned with
alleys and cul-de-sacs in adjacent subdivisions wherever feasible.
s. Technical Standards. All streets shall be built in accordance with the City of Plainview Street Design
Technical Standards.
Sec. 10.02.004, Sidewalks
a. Required Width. Sidewalks not less than five feet in width shall be required on both sides of all city
streets.
b. Distance from Roadway. With the exception of properties located in the Central Business (CB) Zoning
District, sidewalks shall be constructed at least five feet from the off of the edge of the curb. This
distance is measured from the back edge of the curb to the front edge of the sidewalk. If the street does
not have a curb, then the measurement will be from the back edge of the road to the front edge of the
sidewalk.
c. Crosswalks Required. Crosswalks are required at the intersections of the following classifications of
streets:
1. Expressway and arterial.
2.Arterial and arterial.
3.Arterial and collector.
d. Technical Standards. All sidewalks shall be built in accordance with the City of Plainview Street Design
Technical Standards.
e. Maintenance. Owners of property that abut a public sidewalk shall:
1. Maintain the property between the edge of the pavement or the inside of the curb and the
owner's property line; and
2.Provide for continuing compliance with Sec. 14.05.006(b)(1), Obstruction Prohibited.
Sec. 10.02.005, Blocks
a. Block Length.
1. Minimum. Block length shall be a minimum of 500 feet.
2. Maximum. Blocks shall not be more than 1,200 feet in length.
b. Block Width. Blocks shall be wide enough to allow two tiers of lots with a block width no less than 220
feet, except where reverse frontage lots are located along an arterial or collector street or where such
an arrangement is prevented by the size or other inherent site conditions on the property.
c. Block Numbering. The City reserves the right to provide any and all block numbers. Applicants need
not submit plats and/or plans with block numbering.
Sec. 10.02.006, Lots
a. Lot Size. All lots and tract sizes must conform to the regulations of Article 14.05, Lot, Density, and
Design Standards, including minimum area, width, and depth.
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b. Corner Lots.
1. Corner lots with a width of less than 65 feet are to be at least 5 feet wider than average of
interior lots in the block.
2. Corner lots with a width of less than 75 feet adjacent to an arterial street or expressway, as
defined by Appendix A, Thoroughfare Map, are to be at least 15 feet wider than the average of
interior lots in the block.
c. Lots on Expressway or Arterial Streets. Lots facing or backing on expressway or arterial streets shall
be at least five feet deeper than average lots facing on collector or local streets.
d. Lots on Drainage Easements. Minimum usable lot depths for lots backing on natural drainage
easements shall be not less than 50 feet measured between rear lot line and drainage easement.
e. Lot Shape.
1. Lots shall be as rectangular as is practicable.
2. The ratio of depth to width shall not exceed two and one-half (2.5).
3. Irregular shaped lots shall have sufficient width at the building line to meet frontage
requirements for the appropriate zoning district.
f. Lot Lines. Side lots shall be approximately at right angles to the centerlines of abutting streets.
Alternative configurations may be approved to accomplish a public purpose, such as the preservation of
natural resources.
g. Lot Facing.
1. Street Frontage. Each lot shall be provided with adequate access to an existing or proposed
public street by frontage on such street not to be less than 40 feet.
2. Through lots.
a. Generally. Through lots are prohibited.
b. Exception. Through lots are permitted only under the following circumstances:
1. The lot is not within a rural or residential zoning district (RA, SR, MR, MF, MH) ;
2. The lot fronts on one side to an expressway (See Appendix -Thoroughfare
Map); and
3. A front building line shall be adhered to for each street.
3. Front Facing. Wherever feasible, each lot should face the front of a similar lot across the street.
In general, an arrangement placing adjacent lots at right angles to each other should be avoided.
h. Lot Numbering. The City reserves the right to provide any and all lot numbers. Applicants need not
submit plats and/or plans with lot numbers.
i. Lot Consolidation. Lots may be consolidated provided that
1. None or only one of the applicable lots has a primary habitable structure located on it; and
2. The minimum lot area requirements of the zoning district are met pursuant to either Table
14.05.002, Rural and Residential Development Standards, or Table 14.05.003, Nonresidential and
Mixed Use Development Standards.
Sec. 10.02.007, Easements
a. Generally. During the development approval process, the City may require a variety of easements on
private property. These easements may include, but are not limited to the following purposes:
1. Pedestrian access;
2.Solid waste removal;
3. Fire protection or hazard mitigation;
4.Access to public utilities or drainage areas;
5.Utilities; and
6. Drainage.
b. Utility Easements. Easements across lots centered on rear and side lot lines shall be provide for
utilities where necessary and shall be a minimum of 10 feet wide for two utility services (e.g., electric,
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gas, telephone, etc.) or 14 feet to 20 feet for two or more utility services. Consideration for size and
alignment of utility easements shall be stated in the City of Plainview Street Design Technical Standards.
c. Water and Wastewater Easements. Easements required for water and wastewater shall be a
minimum of 10 feet in width in the right-of-way of the front property line or as otherwise specified in
the City of Plainview Water and Sewer Construction Standards.
d. Drainage and Stormwater Easements. Whenever necessary for reasons of water drainage the City
may require a stormwater or drainage easement that meets the requirements set out in the City of
Plainview Stormwater Standards.
e. Fire Protection Easements. Rear fire protection access easements, where necessary to provide
adequate protection for the structure, shall be improved as appropriate for fire protection equipment,
at a minimum width of 20 feet, with appropriate turning radii for the City's fire protection equipment
as determined by the Fire Department.
f. Pedestrian Access Easements. Pedestrian access easements for sidewalk construction may be
required in accordance with the City of Plainview Street Design Technical Standards.
g. Encroachments and Removal of Encroachments. No structures or permanent encroachments shall
be allowed to be located within the area of any easement required by this Section. While the City or
utility provider benefiting from the easement will make efforts to minimize disturbances, both,
however, shall have the right to remove any encroachment, structure, fence, landscaping (including
overhanging limbs, shrubbery, or vegetation), or other improvements placed upon or over such
easement. The City and/or utility provider shall not be obligated to restore or replace any such
encroachment but shall restore any disturbed ground surfaces with seeding. The City may assess the
cost of removing an unauthorized improvement from an easement against the landowner, including the
placing of a lien on the property.
h. Maintenance of Easements. The responsibility for the regular maintenance of the ground surface
(meaning moving and removal of trash cans) in any easement shall rest with the owner of the property
within which the easement exists.
Sec. 10.02.008, Access Management
a. Access to Major Streets. Where a subdivision borders on or contains the right-of-way of an
expressway (See Appendix A, Thoroughfare Map), drainage way or railroad, the Planning and Zoning
Commission shall require either:
1. A public service street that meets or exceeds the Texas Department of Transportation Roadway
Standards that is parallel to and on both sides of such right-of-way; or
2. A lot without means of vehicular access.
b. Driveway Restrictions.
1. Rear and Side Driveway Access. Rear and side driveway access to expressway, arterial, and
collector streets (See Appendix A, Thoroughfare Map) shall be prohibited.
2. Distance between Driveways and Intersections. Driveways shall be located a minimum of 35 feet
away from the intersection of streets or other driveways, measured from the curb return of the
street to the curb return of the portion of the driveway closest to the street.
3. Access Points. No lot shall have more than two driveways accessing the same street.
c. Driveway Design Requirements. See City of Plainview Street Design Technical Standards.
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Sec. 10.02.009, Survey and Monument Specifications
a. Information Required.
1. Generally. The following shall be used for mapping natural resources or other features of
subdivision plats, site development plans, or other plans or plats as otherwise required by this
Section. In general, boundaries shall be measured as follows:
a. Measurements for the boundary are to be made horizontally, perpendicular from, or radial
from any feature or point.
b. Boundaries that are dependent on elevation shall be based upon on-site elevations and shall
not be interpolated.
2. Waterbodies and Watercourses.
a. Floodplains. All development within the City, not part of a previously approved plan or plat,
shall show the boundary of the floodplain and floodway, if such exists on the site. Such
delineation shall be by a registered professional land surveyor.
b. Streams. Streams (perennial, intermittent, mapped, and unmapped) with identifiable banks
and beds shall have their boundaries set at the top of the bank.
c. Wetlands. Wetlands shall be measured by the criteria of the U.S. Army Corps of Engineers.
d. Other Waterbodies/Watercourses. Initial identification of other waterbodies/watercourses not
otherwise classified shall be made using the U.S. Geological Survey quadrangle maps or more
accurate information, as available. Field survey verification to determine evidence and location
of channelized flow is required for subdivision plats and site development plans.
3. Topography. Topographic lines shall be required only when the construction of a building is within
the 100 -year floodway and all other requirements permitting the land to be developed have been
satisfied. When topographic lines are required they shall be drawn at one -foot contour intervals
unless such intervals are impractical due to essentially flat topography.
b. Monumentation. Survey monuments shall be required.
1. Monument Markers. All boundary corners, angle points, or points of curvature or tangency,
including block corners, lot corners, street intersections, and all angle points and points of
curvature in street lines must be monumented by a surveyor using sufficient, stable and reasonably
permanent survey markers.
2. Monument Size and Material. Each monument shall be described in such a way as to clearly define
the size, type of material, and the nature of the monument (Le., three -fourths -inch iron pipe, five -
eights -inch iron rod, cotton spindle, mag nail, etc.).
3. Standards. All monuments shall be set to the standard of the Texas Board of Professional Land
Surveying Practices Act and the general rules of practices and procedures of the Texas Board of
Professional Land Surveying and shall bear reference caps as indicated.
4. Benchmarking.
a. Location. A benchmark monument or survey marker of a sufficient, stable, and reasonably
permanent nature shall be found or placed within the boundaries of or within 300 feet of the
boundaries of the subdivision for project elevation control.
b. Identification. The placement of the benchmark with the location, description, and elevation of
the benchmark shall be identified on the face of the plat.
c. Reference. All project benchmarks and all project elevations shall be referenced to the
published National Geodetic Survey (NGS) datum adjustment of the current Federal Emergency
Management Agency (FEMA) Flood Insurance Rate Map (FIRM) for the property location.
Equations may be used to translate other datum adjustments to the required adjustment.
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Sec. 10.02.010, Stormwater and Flood Management
a. Stormwater. All improvements shall be constructed in accordance with the City of Plainview
Stormwater Control Technical Standards.
b. Flood Management. Any parcel of property within the City of Plainview which is also within the most
recent Federal Emergency Management (FEMA) 100 Year Flood Zone will not be considered for
subdivision until adequate drainage or flood management protection has been provided.
Sec. 10.02.011, Water and Sewer Extensions and Connections
a. Connections Required. Connection to the City's water system and the City's sewer system is required
for all properties within the city limits. See Sec. 13.03.003, Connection to Existing Main, Sec. 13.03.004,
Extensions of Mains, and City of Plainview Water/Sewer Construction Standards.
b. Approval Required to Cover. No sanitary sewer, water, or storm sewer pipe shall be covered without
approval of the Director of Public Works, or his representative.
Article 10.03 - Special Agreements
Sec. 10.03.001, Development and Public Improvement Agreements
The City shall not participate in the cost of any new utility or transportation improvement:
a. Outside the corporate limits of the City; or
b. Without a signed and agreed upon development agreement with a developer and contractor.
Sec. 10.03.002, Performance Guarantees
a. Applicability. An applicant is required to furnish the requirements of this Section when proposing to
either:
1. Add infrastructure that will be dedicated to the City; or
2. Temporarily remove and/or reinstall any infrastructure that is either owned by the City or is
proposed to be deeded to the City.
b. Financial Agreement. If required by subsection (a), the applicant shall furnish a good and sufficient
surety bond, irrevocable letter of credit, or escrow agreement (as approved by the City Attorney) to
provide funds, to indemnify the City against any repairs which may become necessary for any part of
the construction work performed in connection with the subdivision, arising from defective
workmanship or materials used therein, for a full period of one year from the date of final acceptance of
the entire project.
c. Public Acceptance. Final acceptance will be withheld until said sufficient funds are furnished to the
Public Works Director for approval. The surety funds shall have attached thereto a copy of the contract
for such improvements and such other information and data necessary to determine the validity and
enforceability of such bond.
d. Permits. No permits shall be issued by the Administrator for any development project that requires a
performance guarantee until the requirements of subsections (b) and (c) have been satisfied.
C
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Sec. 10.03.003, Property Owner Associations
a. Generally. The City shall have a limited right of approval concerning the incorporation documents for a
property owners' association that is proposed to be enacted within its City limits. This right of
approval is limited only to the items specifically listed in subsection (c) below which directly affects the
City.
b. No Dispute Intervention. The City will not seek to intervene in purely private disputes pertaining to a
private covenant, condition, or restriction.
c. Review of Agreement. The Developer shall submit to the City Attorney all proposed property owner
association incorporation documents to ensure that the following provisions are included in a format
that is acceptable to the City:
1. All items that are required by either this Chapter, Chapter 14, Zoning, or any additional
conditions of approval, which may include specific rights of enforcement being granted to the
City.
2. Membership in the property owners' association shall be mandatory for all owners of property
in the subdivision or condominium.
3. Dues are payable to the property owners' association at regular intervals.
4. The property owners' association has lien rights with respect to unpaid dues.
5. The property owners' association has a perpetual existence.
6. The property owners' association has all responsibilities for the maintenance of common open
space, green space, and other facilities provided for benefit and enjoyment of members.
7. The property owners' association has the capacity to sue and be sued.
8. Plats and site plans shall be approved subject to the submission of a legal instrument setting
forth a plan or manner of permanent care and maintenance of open spaces, recreational areas
and other communally owned facilities.
9. A homeowners association (HOA) or other similar management entity shall be organized as a
nonprofit corporation with automatic membership in the HOA when property is purchased.
This shall be specified in the covenants which run with the land and which bind all subsequent
owners. Covenants for maintenance assessments shall also run with the land. Included in the
maintenance covenants shall be procedures for changing them at stated intervals. Deeds shall
also reference the rights and responsibilities of property owners to the HOA. The HOA shall also
be responsible for liability insurance, local taxes, and the maintenance of all commonly held
facilities through the use of a pro -rata formula for all property owners.
d. Approval. Approval of any property owners' association shall occur via the Planned Development (PD)
Zoning District. See Sec. 14.02.006, Planned Development District Regulations.
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Article 10.04 - Administrative Bodies
Sec. 10.04.001, Administrator
a. Right of Inspection. The Administrator is empowered to enter any building, structure, or premises in
the City upon which a development or land use is located, as follows:
1. Entry shall be for the purpose of inspection to ensure compliance;
2. Inspection shall be performed during business hours, unless an emergency exists; and
3. Inspection shall be made only after:
a. Contact and permission is granted by the owner or tenant; or
b. An order from a court of competent jurisdiction.
b. Recommendations. The Administrator shall make a report and recommendations with regard to all
applications for development approval, except those which are decided by the Director of Public Works.
c. Interpretation. The Administrator shall have the right to interpret provisions of this Chapter. Should
an applicant not agree with the Administrator's interpretation, he or she has the right to appeal as per
Sec. 10.07.008, Appeals.
d. Decisions. The Administrator shall:
1. Establish deadlines for how far in advance an initial application must be submitted to be reviewed
by either the City Council and/or the Planning and Zoning Commission;
2. Provide application materials for applicants;
3. Schedule all Development Review Committee (DRC) meetings;
4. Decide all administrative approvals as defined in Sec. 10.05.001, Table ofAdministrative and Public
Meeting Approvals; and
5. Submit in writing to an applicant any specific conditions required as a part of conditional approval
for any and all applications.
Sec. 10.04.002, City Council
a. Home Rule Charter. The City Council is established by City of Plainview Home Rule Charter, Article II,
City Council.
b. Powers and Duties. The City Council reserves to itself all of the powers and duties that are not
expressly delegated within this Chapter of the Code of Ordinances.
Sec. 10.04.003, City Manager
The City Manager is responsible for the City's minor plat amendment process and the final plat vacation
process. See Sec. 10.06.005, Minor PlatAmendments and Sec. 10.07.004, Final Plat Vacation.
Sec. 10.04.004, Development Review Committee (DRC)
a. Generally. The Development Review Committee (DRC) is established for the following purposes:
1. Administering the requirements of this Chapter of the Code of Ordinances;
2. Ensure that all information necessary to determine compliance with this Chapter of the Code of
Ordinances has been provided;
3. Formulating staff recommendations;
4. Rectifying review comments between City departments and referral agencies; and
5. Providing cohesive and timely review of subdivision applications.
b. Membership.
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1. The DRC shall be comprised of the City staff designated by the Administrator and representatives
from each referral agency that reviews development projects in conjunction with the City.
2. Based on the nature of a development, DRC meetings can be limited to those staff and agencies
affected by the development, or can be expanded to include additional agencies or staff with review
responsibilities.
c. Powers. The DRC shall have the role to review and provide technical recommendations concerning any
application specified in this Chapter of the Code of Ordinances.
d. Meetings. DRC meetings shall be convened by the Administrator, as necessary.
Sec. 10.04.005, Director of Public Works
a. Right of Inspection. The Director of Public Works is empowered to enter any building, structure, or
premises upon which a development or land use is located, as follows:
1. Entry shall be for the purpose of inspection to ensure compliance with the any construction
inspections including, but not limited to the requirements of subsection (b) of this Section;
2. Inspection shall be performed during business hours, unless an emergency exists; and
3. Inspection shall be made only after
a. Contact and permission granted by the owner or tenant; or
b. An order from a court of competent jurisdiction.
4. The City, via the Director of Public Works, shall be given the opportunity to inspect all phases of
subdivision construction.
5. The applicant, or his contractor, shall maintain diligent contact with the Director of Public Works, or
his designee, during construction of improvements.
b. Recommendations. The Director of Public Works shall make a report and recommendations with
regard to all applications for development approval, except those which are decided by the
Administrator.
c. Decisions. The Director of Public Works shall decide all administrative approvals as defined in Sec.
10.05.001, Table of Administrative and Public Meeting Approvals.
Sec. 10.04.006, Planning and Zoning Commission
a. Creation, Membership, Rules, and Regulations. See Sec. 14.10.005, Planning and Zoning Commission.
b. Decisions. The Planning and Zoning Commission shall conduct all administrative or public hearing
approvals and decide as defined in Sec. 10.05.001, Table ofAdministrative and Public Meeting Approvals.
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Article 10.05 - Standardized Development Procedures
Sec. 10.05.001, Table of Administrative and Public Body Approvals
Building Permit
Construction,
reconstruction,
improvement, or
repair of any building
or structure for which
an additional permit
or approval is
required.
Occupancy of
buildings and
Prior to
commencement None
of construction
structures including
Certificate of new, reconstruction, Prior to
Occupancy and the conversion of Occupancy
residential to non-
residential and vice -
versa.
Preliminary Plat
applications, where
due to the size and/or 48 hours prior to
Concept Plan complexity of the a Pre -Application
project, a Conference
development phasing
process is required.
Floodplain
Development
Permit
None
Plat
applications
that require
only one phase
See Sec. 3.03.004
Administrator Building Permit
Fees
Administrator 1 $25
No Fee in
Administrator addition to
Preliminary Plat
fee.
See Sec. 3.13.032, Permit Development Procedures
Amendments to plats Whenever
Minor Plat which fall under TLGC requirements can None
Amendment Sec. 212.016, be identified as
Amending Plat, being met
City Manager
or Planning & $125 per plat,
Zoning plus $5 per lot
Commission
Article 3.03,
Buildings, &
Sec.
10.06.001,
Building
Permit
Sec.
14.12.002,
Certificate of
Occupancy
Sec.
10.06.003,
Concept Plan
Sec.
10.06.005,
Minor Plat
Amendments
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Table 10.05.001
Administrative
Permit / Plan Required For
and Public Body Approvals
Timing Exceptions Issued By Fee
Cross -
reference'
Pubfic Body Approval
See TLGC
Chapter 212,
Municipal
Regulation of
Required prior to Subdivisions
Planning &
Sec.
Subdivision of real
final plat and and Property $150 per plat,
10.07.001,
Preliminary Plat
property
Zoning
after concept Development plus $5 per lot
Preliminary
Commission
plan and Sec.
Plats
10.07.003,
Consolidated
Preliminary and
Final Plats
Required after
See TLGC
preliminary plat
Chapter 212,
Subdivision of real
and prior or
Municipal
Planning &
$150 per plat,
Sec.
Final Plat
property
concurrent with
Regulation of
Zoning
plus
10.07.002,
site development
Subdivisions
Commission
$5 per lot
Final Plats
plan
and Property
Development
Subdivision of real
Sec.
Consolidated
property (only
applicable for projects
Required after
Planning &
$150 per plat,
10.07.003,
Preliminary and
meeting the
concept plan
N/A
Zoning
plus
Consolidated
Final Plat
requirements of Sec.
Commission
$5 per lot
Preliminary
and Final Plats
10.07.003)
Sec.
10.07.004,
Vacating a previously
Prior to the sale
Planning &
Final Plat
Final Plat Vacation
approved subdivision
of real property
None
Zoning
$125 per plat
Vacation &
of real property
or with all
Commission
TLGC Sec.
owner's consent
212.013,
Vacating Plat
See TLGC
Chapter 212,
After plat
Municipal
Planning &
Sec.
Replats
Subdivision of real
approval when
Regulation of
Zoning
$150 per plat,
10.07.005,
property
edits to a plat are
Subdivisions
Commission
plus $5 per lot
Replats
necessary
and Property
Development
Text additions and
Sec.
Text Amendments
changes to this
N/A
None
City Council
None
10.07.006,
Chapter of the City's
Text
Code of Ordinances
Amendments
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Sec. 10.05.002, Pre -Application Conference
a. Applicant Responsibilities. An applicant shall:
1. Consult early and informally with the Administrator;
2. Avail himself to the advice and assistance of the Administrator; and
3. Submit a concept plan, in accordance with Sec. 10.06.003, Concept Plan, to the Administrator at
least 48 hours in advance of the pre -application conference.
b. Administrator Responsibilities. The Administrator shall:
1. Informally confer with the applicant; and
2. Advise and assist the applicant in understanding and interpreting the City's land development
requirements.
Sec. 10.05.003, Application Filing Process
Every process established by this Chapter of the Code of Ordinances shall be submitted on a form approved
by the City with the appropriate application fee. The City may revise any applicable form periodically to
comply with any new or revised requirements of this Chapter.
Sec. 10.05.004, Application Completeness Review
a. General. Upon receipt of an application pursuant to this Chapter, the Administrator shall provide the
applicant with a dated receipt. Within five working days of receipt of an application, the Administrator
shall review the application and determine if:
1. The application includes all required materials and information; and
2. Those parts of the application which are required to be prepared by licensed professionals are, in
fact, prepared by such professionals.
Table 10.05.001
Permit / Plan
Administrative
Required For
and Public Body Approvals
Timing Exceptions Issued By Fee
Cross -
Prior to a building
reference'
Deviation from the
permit for
Planning and
Sec. 10.07.07,
Variance
standards of this
improvements None
Zoning $50
Variances
Chapter
which a variance
Commission
is required;
Appeals to Planning
Appeals fromdecisions
Within 30 days of
Planning and
Sec.
and Zoning
of City Staff
the decision None
Zoning $200
10.07.008,
Commission
(Administrator, Public
appealed
Commission
Appeals
Works Director, etc.)
Appeals from
Within 30 days of
Sec.
Appeals to City
decisions of the
the decision None
City Council $200
10.07.008,
Council
Planning and Zoning
appealed
Appeals
Commission
TABLE NOTES:
1 Cross-references are provided for convenience only and do not exempt the application from complying with all
applicable standards
of this Chapter, any other provision within the City's Code of Ordinances, or state law.
Sec. 10.05.002, Pre -Application Conference
a. Applicant Responsibilities. An applicant shall:
1. Consult early and informally with the Administrator;
2. Avail himself to the advice and assistance of the Administrator; and
3. Submit a concept plan, in accordance with Sec. 10.06.003, Concept Plan, to the Administrator at
least 48 hours in advance of the pre -application conference.
b. Administrator Responsibilities. The Administrator shall:
1. Informally confer with the applicant; and
2. Advise and assist the applicant in understanding and interpreting the City's land development
requirements.
Sec. 10.05.003, Application Filing Process
Every process established by this Chapter of the Code of Ordinances shall be submitted on a form approved
by the City with the appropriate application fee. The City may revise any applicable form periodically to
comply with any new or revised requirements of this Chapter.
Sec. 10.05.004, Application Completeness Review
a. General. Upon receipt of an application pursuant to this Chapter, the Administrator shall provide the
applicant with a dated receipt. Within five working days of receipt of an application, the Administrator
shall review the application and determine if:
1. The application includes all required materials and information; and
2. Those parts of the application which are required to be prepared by licensed professionals are, in
fact, prepared by such professionals.
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b. Determination of Completeness.
1. If the application is complete, the Administrator shall notify the applicant in writing of this
determination and require the applicant to provide a sufficient number of copies of the application.
2. No application is complete until all up -front fees for review are paid.
3. The time period for processing an application after completeness review does not start unless the
fees are paid.
4. Once an application has been accepted by the Administrator, the filing fee is non-refundable.
c. Determination of Incompleteness. If the application is incomplete, the Administrator shall notify the
applicant in writing, specifying the additional materials or information required to complete the
application. The applicant shall provide these materials within five working days of the request or the
application will be withdrawn. An application that is withdrawn may be re -filed at a future date
however a new filing fee will be required.
Sec. 10.05.005, Inactive and Expired Applications
a. Generally. Applications must be diligently pursued by the applicant. This Section extinguishes
applications that become stale due to applicant inaction.
b. Expiration of Inactive Applications.
1. An application becomes an "inactive application" for failure to comply with this Chapter,
preventing it from being docketed for action or approved.
2. Inactive applications become "stale" after 90 days of the filing of the application if the applicant
fails to address staff or referral agency review comments to allow further processing of an
application, unless the applicant is actively pursuing action to address comments with staff, in
which case the application shall become stale after 180 days of the date when the action was
originally requested.
3. Stale applications are automatically voided six months after the original date when the action was
requested if the applicant fails to take action or requests an extension of time for cause.
4. If a plat becomes stale and is voided, application fees will not be refunded and a new application
and fees are required to file a subsequent plat.
c. Extension of Time.
1. Prior to the expiration of an inactive plat, the application may be extended for up to six months
upon written request of the applicant for cause only; and
2. If the City amends this Chapter or adopts other regulations during the period of time when the
application was inactive or stale, the application shall:
a. Not be subject to compliance to the new regulations until the original application is considered
to be voided; and
b. The application shall be subject to the new regulations and ordinances if the period of time to
request an extension lapses.
3. Stale applications shall expire:
a. After a six month extension lapses or;
b. If an extension was not requested.
d. Effect of Expiration. Applications that expire pursuant to this Section are automatically null and void
without further notice or action by the City.
Sec. 10.05.006, Public Notice
a. Generally.
1. Notice by Publication, when required, shall be provided in accordance with the requirements of
the Texas Local Government Code (TLGC).
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2. Notice by Mail, when required, shall be provided to each owner and other affected persons as
required by law, as indicated by the most recently approved municipal tax roll of real property.
3. Table 10.05.006, Required Notice, sets out the specific notice requirements for each type of
application.
•- of Application
Preliminary Plats
Table 10.05.006, Required Notice
By Mail
Not Required
By Publication
Required
Final Plats
Not Required
Required
Consolidated Preliminary and Final Plats
Not Required
Required
Final Plat Vacation
Not Required
Not Required
Replats
Required'
Required
Text Amendment
Not Required
Required
Variance
Not Required
Required
Appeals
Not Required
Required
Notes:
1. Required per Texas Local Government Code (TLGC) Sec. 212.015
b. Content of Notice. Notice shall include:
1. The date, time, and place of the hearing;
2. Staff contact and phone number;
3. A description, address, or location of the matter to be heard; and
4. A statement that the public is invited to review and comment on the application.
c. Time of Hearing. For all matters properly brought before the City Council or the Planning and Zoning
Commission, the City shall select a reasonable time and place for such hearing provided; however, that
such time shall be no later than 30 days following the submission of a complete application per Sec.
10.05.04, Application Completeness Review.
d. Computation of Time. In computing the time periods for notice, the day of mailing, publication, or
posting shall not be counted, but the day of the public hearing shall be counted.
e. Constructive Notice.
1. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the
notice if there was a bona fide attempt to comply with applicable notice requirements. Minor
defects in notice shall be limited to errors in a location map, typographic or grammatical errors,
or errors of actual acreage that do not impede communication of the notice to affected parties.
2. Failure of a party to receive written notice, when notice has been actually mailed, shall not
invalidate subsequent action.
3. If questions arise at the public hearing regarding the adequacy of notice, the administrative
body shall direct City staff to make a formal finding as to whether there was substantial
compliance with the notice requirements of this Chapter and the TLGC. City staffs findings
shall be made available to the administrative body prior to final action on the request.
Article 10.06 - Administrative Approvals: Permits and Procedures
Sec. 10.06.001, Building Permit
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a. Generally. The Administrator shall be responsible for issuing all building permits.
b. Record Required. No permit for the construction of a building or buildings upon any tract or plot shall
be issued unless the plot or tract is part of a plat of record, properly approved by the Planning and
Zoning Commission and City Council and filed in the Plat Records of Hale County, Texas.
c. Issuance. No Building Permits shall be issued until all improvements are in place and all necessary
plans have been approved as required by the City's Code of Ordinances, unless a developer has entered
into a binding development agreement with the City that has been authorized by the City Council
pursuant to Article 10.03, Special Agreements. See Also - Art. 3.03, Buildings.
Sec. 10.06.002, Certificate of Occupancy
Cross Reference - Sec. 14.12.002, Certificate of Occupancy.
Sec. 10.06.003, Concept Plan
a. Purpose. The purpose of the concept plan is to ensure that future and directly adjacent growth to the
location of a submittal will be similar in both form and development.
b. Applicability. A concept plan is required for phased large-scale development projects. When property
proposed for a subdivision constitutes a unit of a larger tract owned or controlled by the subdivider, a
concept plan shall be required showing the conceptual layout of the entire area of the tract, including
the tentative layout of streets, blocks, drainage, water, sewer, and other improvements.
c. Procedure.
1. Concept plans are to be prepared for and presented in accordance with Sec. 10.05.002, Pre -
Application Conference, and shall be referred to other departments and agencies, as applicable.
2. The Administrator shall be responsible for acceptance of the proposed concept plan which will
become part of the applicant's official application for a preliminary plat.
3. When a concept plan is required, every subsequent preliminary plat must substantially comply
with the approved concept plan.
4. The overall layout of the concept plan shall be attached to and filed with a copy of the approved
subdivision plat.
Sec. 10.06.004, Floodplain Development Permit
Cross Reference - Sec. 3.13.032, Permit Development Procedures
Sec. 10.06.005, Minor Plat Amendments
a. Applicant Responsibilities. The applicant for a minor plat amendment shall submit to the City
Manager a statement:
1. Detailing the specific minor plat amendment requested; and
2. Identifying the specific subsection of TLGC Sec. 212.016, Amending Plat, that permits the plat to be
amended without requiring a replat.
b. City Manager Responsibilities. The City Manager may:
1. Administratively approve minor plat amendments when the requirements of TLGC Sec. 212.016,
Amending Plat, are met; or
2. Elect to present the plat to the Planning and Zoning Commission for approval, conditional approval,
or denial.
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Article 10.07 - Public Body Approvals: Permits and Procedures
Sec. 10.07.001, Preliminary Plats
a. Applicant Responsibilities.
1. Basic Submittal Requirements. Applicant shall submit to the City no later than 30 days prior to the
Commission meeting at which the plat is to be considered:
a. Full Filing Fee.
b. An electronic copy in PDF format which:
1. Can be easily printed at a scale of 24 x 36 inches;
2. Shall be stamped "Preliminary Plat"; and
3. Meets or exceeds the requirements of this subsection.
c. Letter of transmittal, stating briefly the type of street surfacing, drainage, sanitary facilities, and
water supply proposed.
d. The name and address of the owner or agent, engineer, and surveyor; and
e. Supplementary materials as applicable in other sections of this Chapter.
2. Plat Specifications. The preliminary plat shall contain the following information:
a. Scale. Drawn to not smaller than 200 feet.
b. Existing Features Inside Subdivision.
1. Boundary Lines. The existing boundary lines (accurate in scale) of the land to be
subdivided. Boundary lines shall be drawn in heavy lines for easy identification.
2. Legal Description. A metes and bounds description of the property.
3. Drainage. The location of existing water courses, railroads, and other similar drainage and
transportation features.
4. Location and Width. The location and width of existing streets, alleys, easements,
buildings, structures, sewers, water mains, culverts or other underground structures
within or adjacent to the tract.
5. Survey. All of the survey requirements of Sec. 10.02.009(a), Information Required, shall be
met.
c. Existing Features Outside Subdivision.
1. The platted property lines of adjoining property owners.
2. The name and location of adjacent subdivisions, streets, alleys, easements, pipe lines, and
water courses.
3. All lines outside of subdivision boundaries are to be dashed lines.
d. New Features Inside of Subdivision.
1. The proposed name of the subdivision.
2. The location, right-of-way width, and names of proposed streets.
3. The approximate width and depth of all lots. If the side lines are not parallel, the
approximate distance between them at the building line and at the narrowest point
should be given.
4. The location of building lines, alleys and easements.
5. The location and approximate size of sites for any educational services, place of public
assembly, park and recreation facility or center, and/or any land use that is required to be
approved as a special use pursuant to either Table 14.03.003, Residential Uses by Zoning
District or Table 14.03.004, Nonresidential Uses by Zoning District.
6. The approximate acreage of the property to be subdivided.
7. Key Map. A key map showing the relationship of the subdivision to major thoroughfares in
all directions within a distance of at least one mile.
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8. Title, Date, Scale, and North Arrow. The date, scale, north arrow and title under which the
plat is to be recorded, with the name, address, and phone number of the owner and
surveyor platting the tract.
b. Planning and Zoning Commission. The Planning and Zoning Commission shall:
1. Act within 30 days after the preliminary plat has been properly filed and the requirements of Sec.
10.05.004, Application Completeness Review, have been satisfied.
2. Conclude one of the following:
a. Approval;
b. Conditional Approval per subsection(c); or
c. Disapproval.
3. Make notes on two copies of the preliminary plat as to the action taken.
c. Conditional Approval.
1. Conditional approval shall be considered to be the status of a plat or replat until such conditions are
complied with.
2. All conditions imposed as part of a conditional approval, shall be furnished to the applicant in
writing.
d. Effect of No Decision. If no decision is rendered by the Planning and Zoning Commission within 30
days after the preliminary plat has been filed and the requirements of Sec. 10.05.004, Application
Completeness Review, have been satisfied, the preliminary plat, as submitted, shall be deemed to be
approved.
e. Effect of Approval.
1. Approval of the preliminary plat shall be deemed an expression of approval of the layout only and
shall not constitute acceptance of the final plat.
2. Should an applicant decide to not move forward with a final plat application, there is no
requirement that the plat be vacated.
f. Expiration and Extension. Preliminary approval will expire six months after the approval by the
Planning Commission of the preliminary plat or of sections thereof. The applicant may apply in writing
for an extension prior to the end of such six month period. This period may be extended six months, but
not beyond a total of one year.
g. Required Public Notice. See Sec. 10.05.006, Public Notice.
Sec. 10.07.002, Final Plats
a. Applicant Responsibilities (Pre -Approval).
1. Basic Submittal Requirements. Applicant shall:
a. Submit a proposal that conforms to a preliminary plat as approved per Sec. 10.07.001,
Preliminary Plat.
b. Incorporate all changes, directions, and additions imposed by the City through the preliminary
platting process.
c. Submit a tax certificate as proof that City taxes and City assessments have been paid in full.
d. Submit to the City no later than 20 days prior to the Planning and Zoning Commission meeting
the following documents in an PDF electronic format (printed at a scale of 24 x 36 inches):
1. A set of detailed plans signed by a State of Texas Registered Professional Engineer
showing streets, alleys, culverts, bridges, storm sewers, water mains, sanitary sewers
and other engineering details; and
2. One original final plat with all required changes and proper signatures, prepared and
signed by a State of Texas Registered Land Surveyor.
2. Plat Specifications. The Final Plat shall be sized and contain the information, details and documents
as follows:
a. Features Inside Subdivision.
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1. Easements. All easement lines whether existing or proposed shall be dashed.
2. Boundary Lines. The proposed boundary lines with accurate distances and bearings of
the land to be subdivided. Boundary lines shall be drawn in heavy lines for easy
identification.
3. Survey. An accurate metes and bounds description of the proposed subdivision,
including reference to the following items that shall be described in a manner sufficient
to determine its specifications per Federal Emergency Management Agency maps:
a. Section or abstract corners;
b. Established subdivisions;
c. Primary control points; and
d. Total acreage being platted.
4. Location and Width.
a. The location of existing water courses and other similar drainage features, flood
prone land, railroads, highways, and other transportation features.
b. True bearings and distances to the nearest established street lines, official
monuments or subdivision corner, which shall be accurately described on the plat.
c. The location and width of all existing and/or proposed streets, alleys, easements,
and right-of-ways.
5. Deed Filing. An accurate location of the subdivision with reference to the deed records
of the County which shall include the volume and page of the deed of the property to be
subdivided.
b. Features Outside Subdivision.
1. The name and property lines of adjoining subdivisions and of the adjoining property
owners, together with the respective plat or deed references.
2. The name and location of adjacent streets, alleys, easements, and water courses.
c. Streets, Alleys, Easements. The lines and names of all proposed streets or other ways or
easements to be dedicated to public use, with the following engineering and surveying data:
1. For Streets and Alleys.
a. Complete curve data (Delta, Length, Radius, Tangent, Point of Curve, Point of
Reverse Curve, Point of Tangent) shown on the center line or on each side of street
or in a chart on the plat which lists all such data for each curve.
b. Length and bearings of all tangents.
c. Dimensions from all angle points and points of curve to an adjacent side lot line.
2. For Water Courses and Easements.
a. Distances to be provided along the side lot lines from the front lot line or the
high bank of a stream.
b. Traverse line to be provided along the edge of all large water courses in a
convenient location, preferably along a utility easement, if paralleling the
drainage easement or stream.
3. Lots and Blocks. The City reserves the right to provide any and all block numbers.
Applicants need not submit plats and/or plans with block numbering.
d. Reservations. The use and property dimensions of all special reservations identified for the
project, including sites for educational services, place of public assembly, and park and
recreation facilities or centers and/or any land use that is required to be approved as a special
use pursuant to either Table 14.03.003, Residential Uses by Zoning District or Table 14.03.004,
Nonresidential Uses by Zoning District.
e. Monuments and Control Points.
1. The description and location of all permanent survey monuments and control points.
2. Suitable primary control points to which all dimension(s), bearings and similar data
shall be referred. Dimensions shall be shown in feet and decimals of a foot.
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f. Key Map. A key map showing the relationship of the subdivision to all expressways, arterials,
and collectors streets, as defined by Appendix A, Thoroughfare Map, in all directions within a
distance of at least one mile.
g. Title, Date, Scale, and North Arrow. The date, scale, north arrow and subdivision title; name and
address of applicant; name, address and seal of surveyor.
h. Dedication Statement; All dedication statement statements are required to be on the final plat
and must be in the format as shown in Appendix B, Required Dedication Statement.
L Special Restrictions. Where restrictions of use of land, other than those given in these
regulations are to be imposed by the applicant, such restrictions shall be placed on the final
plat or on a separate instrument filed with the plat.
j. Subdivision Improvements.
1. Final plats may be approved on portions of a large area of land for residential or other
uses for which a preliminary plat has been approved, provided that the required
improvements for said portion are developed as part of the required improvements for
the entire area.
2. Water mains, storm sewers, trunk sewers, and any sewage treatment plant shall all be
designated, designed, and built to serve the entire area owned by the applicant or
designed and built in such a manner that they can easily be expanded or extended to
serve the entire area.
3. Construction plans as required by this Section will be designed to serve the entire area
shown on the preliminary plat.
b. Planning and Zoning Commission. The Planning and Zoning Commission shall:
1. Act within 30 days after the final plat has been filed and the requirements of Sec. 10.05.004,
Application Completeness Review, have been satisfied along with the submittal of an engineering
plan, if necessary.
2. Conclude one of the following:
a. Approval;
b. Conditional Approval per subsection(c); or
c. Disapproval.
3. Make notes on six copies of the final plat as to the action taken.
c. Conditional Approval.
1. Conditional approval shall be considered to be the status of a plat or replat until such conditions are
complied with.
2. All conditions imposed as part of a conditional approval, shall be furnished to the applicant in
writing.
d. Administrator. The Administrator shall, within 30 days after Planning and Zoning Commission
approval:
1. For Plats located inside the corporate limits of the City of Plainview:
a. Review the final plat for proper signature and approval; and
b. Record the final plat at the County Clerk Office.
2. For plats located outside of the corporate limits of the City of Plainview but within its extraterritorial
jurisdiction:
a. Review the final plat for proper signature and approval; and
b. Forward copies to the Hale County Administrative Offices for action and approval by the
Commissioner's Court prior to recording at County Clerk Office.
3. Retain three copies of plat recorded in the County Records for the City files.
4. Distribute copies as directed.
e. Applicant Responsibilities (Post -Approval). Upon approval the applicant shall:
1. Direct his engineer to design, stake and supervise the construction (to be inspected by the City) of
facilities in accordance with approved plans and specifications and these regulations.
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2. Direct his contractor(s) to construct all improvements as identified in the approved engineering
plans and to provide to the City:
a. A one year maintenance bond in the amount of ten percent of the contract price;
b. Three blue line sets; and
c. One original tracing set of "AS -BUILT" plans, checked and corrected by the Engineer.
3. The developer shall install all survey monuments and markers, street paving, curbs and gutters,
alley grading, storm drainage, water and sanitary sewer mains and laterals, fire hydrants, water
valves, traffic signs, street lights, street signs and sidewalks, within and adjacent to the subdivision,
or shall provide cash deposit or other guarantee acceptable to the City for the payment of the cost
of such installations prior to the final approval by the City Council.
f. Expiration of Approval. Final approval will expire one year after approval unless the plat has been
filed for record.
g. Filing. No subdivision plat shall be filed or recorded, and no lot in a subdivision inside the corporate
limits of the City shall be improved or sold until the final plat shall have been approved by the Planning
and Zoning Commission.
h. Public Notice. See Sec. 10.05.006, Public Notice.
Sec. 10.07.003, Consolidated Preliminary and Final Plats
a. Applicability. The applicant may, at his option, elect to combine the preliminary plat and final plat,
whenever the following conditions are satisfied:
1. The tract of land is to be re -subdivided into no more than three lots; and
2. The dedication of streets, utilities, and infrastructure is not required.
b. Procedural Process. Should an applicant elect to consolidate the preliminary and final plat, the
procedural process of the final plat as designated in Sec. 10.07.002, Final Plats, is applicable.
c. Public Notice. See Sec. 10.05.006, Public Notice.
Sec. 10.07.004, Final Plat Vacation
a. Applicability. The owner(s) of a tract of property for which a final plat approval has been granted by
the City has the right to vacate the plat:
1. At any time prior to any lot in the plat being sold; or
2. If any portion of the final plat has been sold, then all of the owners may request to the City that the
final plat be vacated.
b. Applicant Responsibilities. The applicant for a final plat vacation shall submit to the Administrator a
statement:
1. Detailing the specific plat that is requested to be vacated;
2. Submittal of a signed acknowledged instrument declaring the owner(s) desire that the previously
approved final plat be vacated; and
3. If applicable, evidence that no portion of the tract, prior to the City's final plat approval, has been
sold.
c. Planning and Zoning Commission. The Planning and Zoning Commission shall approve the final plat
vacation request if after inspection of the signed acknowledged instrument it concurs that the
requirements of Texas Local Government Code (TLGC) Sec. 212.013, Vacating Plat, have been satisfied.
d. Administrator. After Planning and Zoning Commission approval of a vacated plat, the Administrator
shall review the vacated plat for proper signature and request that the County Clerk record the vacated
plat pursuant to TLGC Sec. 212.013, Vacating Plat.
e. Public Notice. See Sec. 10.05.006, Public Notice.
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Sec. 10.07.005, Replats
a. Application Required. Any person who wishes to revise a subdivision plat which has been previously
filed for record must submit an application of the proposed revised plat to the Administrator.
b. Public Notice Requirement.
1. After an application is filed for a replat affecting Single -Family Residential Property (Single -Family
Detached Dwelling, Duplex, or Townhouse), then the Administrator shall cause a notice of the
application to be published in the official newspaper of the City at least 15 days before the date of
the Planning and Zoning Commission meeting at which it is to be considered.
2. Such notice must include a statement of the time and place at which the Planning and Zoning
Commission will meet to consider the replat and to hear public comments to the revision at a public
hearing.
c. Written Notice Requirement. Written notice must be sent to all owners of property located within
200 ft. of the original plat. Such notice must be served by depositing the notice, properly addressed and
postage paid at the local post office.
d. Legally Protested Supermajority.
1. Vote Requirement. If a proposed replat is protested [as described in subsection (2) below] the replat
must receive, in order to be approved, the affirmative vote of at least three-fourths of all members
of the Planning and Zoning Commission.
2. Legal Protest Standard. For the legal protest approval standard to be applied, a written petition
signed by the owners of at least 20 percent of the area of the land immediately adjoining the area
covered by the proposed replat and extending 200 feet from that area, must be filed with the
Administrator no more than 24 hours prior to the opening of the public hearing.
e. Public Notice. See Sec. 10.05.006, Public Notice.
f. Procedural Process. Replats may be submitted through the Consolidated Preliminary and Final Plat
process. See Sec. 10.07.002, Final Plats, and Sec. 10.07.003, Consolidated Preliminary and Final Plats.
Sec. 10.07.006, Text Amendments
a. Generally. Requests for amendments to the text of this Chapter may be initiated by the request of the
Planning and Zoning Commission, City Council, or City Manager to amend, supplement, change, modify,
or repeal any portion of this Chapter that is not expressly required by State or Federal Law.
b. Decision by City Council. The City Council shall:
1. Receive the written recommendation of the Commission and staff regarding the proposed
amendment;
2. Hold a public hearing prior to taking action on the proposed amendment.
3. By majority vote, approve or deny the amendment, or continue the item to a future meeting.
c. Criteria for Approval. The following criteria should be considered by the Planning and Zoning
Commission and City Council: The proposed amendment should:
1. Promote the health, safety, and general welfare of the City;
2. Promote the safe, orderly, efficient and healthful development of the City;
3. Be consistent with other regulations within the City's Code of Ordinances; and
4. Be consistent with the policies of the most recent Comprehensive Plan for the City.
d. Non -Substantive Amendments. Notwithstanding the other provisions of this Section, the City Council
may, by resolution:
1. Correct spelling or punctuation errors;
2. Cross-reference changes (because another area of City Code has been moved or changed);
3. Cross-reference errors; and
890 PL. -I NVI EW,TX
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4. Correct other matters herein determined by the City Attorney to be non -substantive and not
requiring a public notice requirement per either state law or Sec. 10.05.006 Public Notice.
e. Nonconformities and Retroactive Cure of Violations.
1. The amendment of the text of this Chapter may transform a legally non -conforming situation
into a conforming one.
2. No petition for a text amendment shall be used expressly to cure, or to create, a violation of any
part of this Chapter.
f. Public Notice. See Sec. 10.05.006, Public Notice.
Sec. 10.07.007, Variances
a. Unnecessary Hardship Standard. The Planning and Zoning Commission may authorize a variance
when an applicant can show that a provision of these regulations:
1. Would cause unnecessary hardship if strictly adhered to; and
2. Is because of a physical condition peculiar to the land.
b. Procedural Requirements.
1. Any variance authorized is required to be entered in writing into the minutes of the Planning and
Zoning Commission meeting specifically stating the reason(s) for which the variance was approved.
2. Not less than two-thirds of the entire membership of the Planning and Zoning Commission must
approve the request.
c. Public Notice. See Sec. 10.05.006, Public Notice.
Sec. 10.07.008, Appeals
a. Generally.
1. Purpose. The purpose of the appeals process is to provide an opportunity for affected parties to
seek review of a decision in a timely and inexpensive way.
2. Administrator, City Manager and Public Works Director Decisions. All decisions of the
Administrator, the City Manager, and the Public Works Director, pertaining to this Chapter, may
be appealed to the Planning and Zoning Commission.
3. Planning and Zoning Commission Decisions. All decisions of the Planning and Zoning
Commission, pertaining to this Chapter may be appealed to the City Council.
4. City Council Decisions. All decisions of the City Council, pertaining to this Chapter, may be
appealed to a court of competent jurisdiction.
b. Deadline to Appeal. All appeals must be fully completed and submitted to the City 30 days after an
official decision by any city official, committee, or governing body.
c. Content. The request for appeal shall clearly state each alleged error or ground for protest which the
appellant intends to assert. It cannot be amended, supplemented, or modified after the public notice of
meeting is posted.
d. Scope of Review. The Planning and Zoning Commission and/or City Council shall review the
application in the same manner, using the same approval criteria as the decision -maker. However:
1. No new evidence shall be presented to the Planning and Zoning Commission and/or City
Council that was not considered by the decision -maker; and
2. No issues shall be reviewed by the Planning and Zoning Commission and/or City Council that
were not described or obviously implied by the notice or request for appeal.
e. Parties to Appeal.
1. Only parties shall have standing to bring an appeal. No appeal by a person who is not a party
shall be heard.
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2. The parties to an appeal are the Petitioner and the Respondent. The City is always a
Respondent. Other interested parties may also join as respondents pursuant to Subsection
(e) (3), below.
3. A person or entity is an interested party if it demonstrates:
a. That final action of the City caused it injury;
b.The injury is different in kind or degree from injury to members of the general public; and
c. The injury can be remedied if the appeal is granted.
4. The Applicant is always a party, and shall not be required to demonstrate injury if:
a. The Applicant is appealing an adverse decision or an adverse condition of approval, in
which case the Applicant is a Petitioner; or
b.The Applicant's application is the subject of an appeal by another party, in which case the
Applicant is a Respondent.
5. Any person or entity that owns property within 300 feet of any parcel line of the parcel that is
the subject of the appeal shall not be required to demonstrate injury.
f. See Sec. 10.05.006, Public Notice.
Article 10.08 - Enforcement
Sec. 10.08.001, Non -Judicial Remedies
The City may enforce any violation of this Chapter prior to, and without, judicial process by:
a. Withholding Permits. The City may deny or withhold permits, approvals, or other forms of
authorization for failure to comply with the requirements of the Chapter or those of a referral agency.
b. Temporary Revocation of Permits. The City may temporarily revoke permits for due cause to
address an imminent danger to public health, public safety, or public or private property or to prevent
irreparable harm.
c. Suspension of Permits. The City may suspend any permits to allow for the correction of a violation or
in response to a judgment of a court of competent jurisdiction.
d. Revocation of Permits and Approvals.
1. Generally. Any permit or other approval required by this Chapter may be revoked when it is
determined that:
a. There is a violation of any provision of this Chapter;
b. The permit or approval was issued in error or based on false representation;
c. Upon the request of a referral agency with jurisdiction and due cause; or
d. There is a departure from approved plans required under the permit, this Chapter, or the
construction requirements.
2. Notice. Written notice of revocation shall state a timeframe to correct the violation.
3. Effect of Notice. No work or construction may proceed after service of the revocation notice
except work necessary to correct a violation.
4. Failure to Correct. After the period to correct the violation lapses, and arrangements acceptable
to the City have not been made, the City may:
a. File litigation in a court of competent jurisdiction; and/or
b. Remove or correct such violation and cause to be placed a lien upon the property or
improvements to the property in an amount to cover all costs related to correction or
abatement of the violation.
Sec. 10.08.002, Judicial Remedies
29
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The City may seek the following judicial remedies to enforce this Chapter:
a. Injunctive Relief.
1. The City may seek an injunction to stop any violation granted under this Chapter. Such relief
may include revocation or termination of permits, including limited or special use permits.
2. In any court proceedings in which the City seeks a preliminary injunction, it shall be
presumed that a violation of this Chapter is, or may be, an injury to the public health, safety or
general welfare or that public health, safety or general welfare may be irreparably injured.
b. Abatement. The City may seek a court order in the nature of mandamus, abatement, or other action
to abate or remove a violation, or to otherwise restore the premises in question to the condition in
which they existed prior to a violation.
c. Civil Liability. The Administrator, or his or her designee:
1. Has the authority to issue citations and deliver it to a person believed to be committing a civil
violation; and
2. Is declared to be the official with the duty of enforcing this Chapter with respect to:
a. Appearing and testifying in any trial held with respect to the citation.
b. Notifying the court of competent jurisdiction of any notice of intention to stand trial or
any request for adjudication when a fine is not paid after formal notice has occurred.
c. Mailing formal notices of the violation to persons who do not give notice of intention to
stand trial or pay the established fine within the time set in the citation; and
d. Receiving and filing a copy of each original citation and any fines or notices of intention
to stand trial.
d. Criminal Liability.
1. Punishment. Upon conviction, any person in violation of, or showing failure to comply with,
any of the provisions of this Chapter may be punished by fines and / or imprisonment, as
prescribed by law, for each week or portion thereof, that the violation or noncompliance has
continued.
2. Responsible Parties. Every person concerned in the violation of, or showing failure to comply
with this Chapter, whether the person directly commits the act, or aids or abets the same, and
whether present or absent, shall be proceeded against and held as a principal.
Sec. 10.08.003, Penalties
Any person violating this Chapter or any portion thereof shall upon conviction be guilty of a misdemeanor
and shall be fined any sum not exceeding $2,000 and each day that such violation continues shall be
considered a separate offense and punishable accordingly. Cross References - Sec. 1.01.009 & Sec. 1.01.010.
Article 10.09 - Rules of Construction and Definitions
Sec. 10.09.001, Rules of Construction
a. "Shall," "will," "should," and "may."
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1. The words "shall" and "will" are always mandatory.
2. The words "should" and "may" are always discretionary.
b. Representative of the City. Any office referred to in this Chapter by title means the person employed
or appointed by the City in that position, or his duly authorized representative, and includes any person
designated to perform the duties of such office.
c. Customary Usage. Definitions not expressly prescribed in this Chapter are to be construed in
accordance with customary usage in municipal planning and engineering practices.
Sec. 10.09.002, Definitions
Administrator shall mean the City Manager or his designee to administer the regulations and provisions of
this Chapter of the Code of Ordinances.
Alley shall mean a minor way used primarily for vehicular and/or utility service to the rear or side of
properties otherwise abutting on a street.
Applicant shall refer to any person or any agent thereof, dividing or proposing to divide land so as to
constitute a subdivision. The term "applicant" shall be restricted to include only the owner, equitable
owner or authorized agent to such owner or equitable owner, of land sought to be subdivided.
Arterial streets shall mean streets used primarily for fast or heavy traffic with generally four or more
travel lanes that are capable of carrying large volumes of traffic to and from collector streets as designated
by Appendix A, Thoroughfare Map.
Block shall mean an area of land entirely bounded by streets.
City shall mean City of Plainview, Texas.
City Council shall mean the City Council of the City of Plainview.
Collector streets shall mean those streets which carry traffic from local streets to arterial streets and
expressways, including the principal entrance streets of a residential development or business park and
those streets for circulation within such a development as designated by Appendix A, Thoroughfare Map.
Concept Plan shall mean a plan for the development of land brought by the applicant to a pre -submittal
meeting that shows in general terms the proposed land use, circulation, natural characteristics and typical
layout of the area to be developed including the affected adjacent properties.
Cul-de-sac shall mean a short minor street having only one vehicular access to another street and
terminated by a vehicular turn -around.
Dead end street shall mean a street, other than a cul-de-sac, with only one outlet.
Easement shall mean a granted right to a person, governmental agency, or organization to use land owned
by another for a specific purpose.
Expressway shall mean a divided highway of at least four lanes designed for through traffic that has full or
partial control of access and generally has grade separations at major intersections.
94) PLAINVIEW,TX
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Extraterritorial Jurisdiction (ETJ) shall mean that area of land lying outside and adjacent to the
corporate limits of the City over which the City has legal control as set forth in Chapter 42 of Texas Local
Government Code.
Half street shall mean a dedicated right-of-way that provides only half of the required street width.
Local streets shall mean those streets which are used primarily for access to residential and small
properties as designated by Appendix A, Thoroughfare Map.
Lot shall mean land occupied or to be occupied by a building and any accessory buildings with its principal
frontage upon a public street or right-of-way.
Lot Width shall mean the minimum distance between the side lot lines of a lot measured along a straight
line at the rear of the required front yard and parallel to the street line.
Open Space shall mean property held in private ownership and regularly available for use by the
occupants of more than one dwelling.
Partial street shall mean a dedicated right-of-way that provides only a portion of the required street
width.
Planning and Zoning Commission shall mean the Planning and Zoning Commission of the City of
Plainview.
Property Owners Association shall mean any homeowners association or any joint association that has
been created to maintain property through co -ownership.
Right -of -Way shall mean land intended to be occupied for streets, sidewalks, utilities, and other public
purposes. On a plat, rights-of-way are to be separate and distinct from other lots or parcels. Rights-of-way
intended for public facilities shall be dedicated to public use and title transferred to the appropriate public
agency.
Replat shall mean a subdivision plat representing land that has previously been included in a recorded
subdivision plat.
Street shall mean a public right-of-way for vehicular traffic (including bicycles) whether designated a
street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however
otherwise designated.
Subdivision shall mean the division of a tract or parcel of land into two or more parts or lots for the
purpose, whether immediate or future, of sale, building development or transfer of ownership with the
exception of transfer to heirs of an estate, and shall include any replats.
Subdivision Plat shall mean a map or chart of a subdivision including replats.
PLnI NVI EW, TX 91
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THROUGH LOT EXAMPLES
Temporary turn -around shall mean an easement
temporarily granted by the subdivider of property to
the City for the purpose of maintaining, replacing, and
repairing a facility to be used by automobiles until
such time that the remainder of the subdivision can be
completed.
—" Through lot shall mean a lot having a pair of opposite
property lines along two or more public streets, and
_ that is not a corner lot.
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0 PLA-1NVI EW,TX 93
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Appendix B - Required Dedication Statement
DEDICATION
THE STATE OF TEXAS §
Know all men by these presents:
COUNTY OF HALE §
That Joe Public and wife, Joan Public, being the owners of the land shown and described on this plat
has caused all of said lands to be surveyed, subdivided, platted, and designated as PLAT NAME UNIT NO. 1,
a suburban subdivision - an addition to the City of Plainview, Texas and does declare that all streets, alleys,
lanes, and easements shown upon such map or plat are dedicated to the public forever to be used as
streets, alleys, lanes, and easements unless noted otherwise.
Executed this 00 day of MONTH. YEAR.
SIGNATURE LINE
Joe Public
1234 Street
Plainview, Texas
79072
NOTARY ATTEST
THE STATE OF TEXAS §
Know all men by these presents:
COUNTY OF HALE §
SIGNATURE LINE
Joan Public
1234 Street
Plainview, Texas
79072
Before me, the undersigned authority, on this day personally appeared JOE PUBLIC. known to me to
be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he/her
executed the same for the purposes and consideration herein expressed.
Given under my hand and seal of authority on this 00 day of MONTH. YEAR.
NOTARY SIGNATURE LINE
Notary Public