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Editor’s note–Ordinance 19-3686, enacted January 22, 2019, adopted a new chapter 10, replacing the prior subdivision ordinance (Ordinance 89-2807, adopted October 24, 1989, as amended), which was codified as exhibit A of chapter 10. The article and section numbers used in the ordinance have been retained. Subsection numbers, style, capitalization and formatting have been changed to be consistent with the remainder of the Code of Ordinances, and this will be maintained in future amendments to this chapter. The words “this ordinance” have been changed to “this chapter.” Any material added for purposes of clarification is enclosed in brackets.
The City of Plainview Subdivision Regulations shall be known as, and may be referred to as, “the Plainview Subdivision Regulations” or “this chapter.”
(2000 Code, sec. 23-5; Ordinance adopting Code)
This chapter is adopted:
(1) 
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:
(A) 
Chapter 42, Extraterritorial Jurisdiction of Municipalities;
(B) 
Chapter 212, Municipal Regulation of Subdivisions and Property Development; and
(C) 
Chapter 245, Issuance of Local Permits.
(2) 
Pursuant to the provisions of the city’s home rule charter.
(2000 Code, sec. 23-5; Ordinance adopting Code)
The purposes of this chapter are to:
(1) 
Ensure that new development is consistent with the city’s comprehensive plan;
(2) 
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;
(3) 
Promote the health, safety, morals, and general welfare of the community;
(4) 
Provide adequate provision for traffic, light, air, recreation, transportation, water, drainage, sewage and other facilities;
(5) 
Ensure that development is compatible with and properly integrated into existing and future neighborhoods;
(6) 
Assure that facilities to be accepted and maintained by the city are properly located and constructed;
(7) 
Ensure that subdivisions and subdivision improvements are designed to:
(A) 
Reduce potential impacts on street congestion by:
(i) 
Providing alternative travel routes;
(ii) 
Promoting alternative modes of transportation; and
(iii) 
Lessening overall vehicle miles traveled;
(B) 
Promote the orderly layout and use of land;
(C) 
Secure safety from fire and other dangers;
(D) 
Protect groundwater and surface water resources from contamination; and
(E) 
Facilitate adequate infrastructure development for neighborhood schools, parks, and playgrounds.
(2000 Code, sec. 23-5; Ordinance adopting Code)
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).
(2000 Code, sec. 23-5; Ordinance adopting Code)
(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.
(2000 Code, sec. 23-5; Ordinance adopting Code)
(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.
(2000 Code, sec. 23-5; Ordinance adopting Code)
(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 chapter enters into the full force of the law.
(2000 Code, sec. 23-5; Ordinance adopting Code)
(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 section 10.05.005, Inactive and Expired Applications.
(2) 
This section does not prevent the city from:
(A) 
Adopting or enforcing building codes; or
(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 section 10.05.005, Inactive and Expired Applications.
(2000 Code, sec. 23-5; Ordinance adopting Code)