City of Plainview, TX ARTICLE 10.05 STANDARDIZED DEVELOPMENT PROCEDURES

§ 10.05.001 Table of administrative and public body approvals.

Table 10.05.001. Administrative and Public Body Approvals
Permit/Plan	Required For	Timing	Exceptions	Issued By	Fee	Cross Reference1
Administrative Approval
Building permit	Construction, reconstruction, improvement, or repair of any building or structure for which an additional permit or approval is required	Prior to commencement of construction	None	Administrator	See master fee schedule	Art. 3.03, Buildings, and § 10.06.001, Building Permit
Certificate of occupancy	Occupancy of buildings and structures including new, reconstruction, and the conversion of residential to nonresidential and vice versa	Prior to occupancy	None	Administrator	See master fee schedule	§ 14.12.003, Certificate of Occupancy
Concept plan	Preliminary plat applications, where due to the size and/or complexity of the project, a development phasing process is required	48 hours prior to a pre-application conference	Plat applications that require only one phase	Administrator	See master fee schedule	§ 10.06.003, Concept Plan
Floodplain development permit	See § 3.13.032, Permit Development Procedures
Minor plat amendment	Amendments to plats which fall under TLGC sec. 212.016, Amending Plat	Whenever requirements can be identified as being met	None	City manager or planning and zoning commission	See master fee schedule	§ 10.06.005, Minor Plat Amendments
Public Body Approval
Preliminary plat	Subdivision of real property	Required prior to final plat and after concept plan	See TLGC chapter 212, Municipal Regulation of Subdivisions and Property Development, and § 10.07.003, Consolidated preliminary and final plats	Planning and zoning commission	See master fee schedule	§ 10.07.001, Preliminary Plats
Final plat	Subdivision of real property	Required after preliminary plat and prior or concurrent with site development plan	See TLGC chapter 212, Municipal Regulation of Subdivisions and Property Development	Planning and zoning commission	See master fee schedule	§ 10.07.002, Final Plats
Consolidated preliminary and final plat	Subdivision of real property (only applicable for projects meeting the requirements of § 10.07.003)	Required after concept plan	N/A	Planning and zoning commission	See master fee schedule	§ 10.07.003, Consolidated Preliminary and Final Plats
Final plat vacation	Vacating a previously approved subdivision of real property	Prior to the sale of real property or with all owners' consent	None	Planning and zoning commission	See master fee schedule	§ 10.07.004, Final Plat Vacation, and TLGC sec. 212.013, Vacating Plat
Replats	Subdivision of real property	After plat approval when edits to a plat are necessary	See TLGC chapter 212, Municipal Regulation of Subdivisions and Property Development	Planning and zoning commission	See master fee schedule	§ 10.07.005, Replats
Text amendments	Text additions and changes to this chapter of the city's Code of Ordinances	N/A	None	City council	See master fee schedule	§ 10.07.006, Text Amendments
Variance	Deviation from the standards of this chapter	Prior to a building permit for improvements which a variance is required	None	Planning and zoning commission	See master fee schedule	§ 10.07.007, Variances
Appeals to planning and zoning commission	Appeals from decisions of city staff (administrator, public works director, etc.)	Within 30 days of the decision appealed	None	Planning and zoning commission	See master fee schedule	§ 10.07.008, Appeals
Appeals to city council	Appeals from decisions of the planning and zoning commission	Within 30 days of the decision appealed	None	City council	See master fee schedule	§ 10.07.008, Appeals

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.

(2000 Code, sec. 23-5; Ordinance adopting Code; Ordinance 24-3768 adopted 9/24/2024)

§ 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 section 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.

(2000 Code, sec. 23-5; Ordinance adopting Code)

§ 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.

(2000 Code, sec. 23-5; Ordinance adopting Code)

§ 10.05.004 Application completeness review.

(a) 

Generally.

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.

(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 nonrefundable.

(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.

(2000 Code, sec. 23-5; Ordinance adopting Code)

§ 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.

(2000 Code, sec. 23-5; Ordinance adopting Code)

§ 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).

(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.

Table 10.05.006. Required Notice
Type of Application	By Mail	By Publication
Preliminary plats	Not required	Required
Final plats	Not required	Required
Consolidated preliminary and final plats	Not required	Required
Final plat vacation	Not required	Not required
Replats	Required1	Required
Text amendment	Not required	Required
Variance	Not required	Required
Appeals	Not required	Required

Notes:

¹ Required per Texas Local Government Code (TLGC) section 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 section 10.05.004, 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 staff’s findings shall be made available to the administrative body prior to final action on the request.

(2000 Code, sec. 23-5; Ordinance adopting Code)