The subdivision of land is the first step in the process of urban development. The arrangement of land parcels in the community for residential, commercial and industrial uses and for streets, alleys, schools, parks and other public purposes, will determine to a large degree the conditions of health, safety, economy and amenity that prevail in the urban area. The quality of these conditions is of public interest. These regulations and standards for the subdivision and improvement of land for urban use are to make provision for adequate light, air, open spaces, drainage, transportation, public utilities and other needs, to insure the development and maintenance of a healthy, attractive and efficient community that provides for the conservation and protection of its human and natural resources.

These regulations are designed, intended and should be administered in a manner to:

      1.   Implement the general plan;

      2.   Provide neighborhood conservation and prevent the development of slums and blight;

      3.   Harmoniously relate the development of the various tracts of land to the existing community and facilitate the future development of adjoining tracts;

      4.   Provide that the cost of improvements which primarily benefit the tract of land being developed be borne by the owners or developers of the tract, and that the cost of improvements which primarily benefit the whole community to be borne by the community;

      5.   Provide the best possible design for the tract;

      6.   Reconcile any differences of interest; and

      7.   Establish adequate and accurate records of land subdivision. (Ord. December 1, 1971)

State Law References: Powers to adopt subdivision regulations, 11 O.S. Section 45-104.

These subdivision regulations and minimum standards for land development are adopted by ordinance passed by the city council under the authority granted by 11 O.S. Sections 45-101 to 45-105. (Ord. December 1, 1971)

These regulations and development standards shall apply to the following forms of land subdivision:

      1.   The division of land into two (2) or more tracts, lots, sites or parcels, any part of which, when subdivided, shall contain less than ten (10) acres in area;

      2.   The division of land, previously subdivided or platted into tracts, lots, sites or parcels, of less than ten (10) acres in area;

      3.   The dedication, vacation or reservation of any public or private easement through any tract of land regardless of the area involved, including those for use by public and private utility companies; or

      4.   The dedication or vacation of any street or alley through any tract of land regardless of the area involved. (Ord. December 1, 1971)

For the purpose of these regulations, certain terms used herein are defined as follows:

      1.   "Alley" means a minor right-of-way dedicated to public use which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street and which may be used for public utility purposes;

      2.   "Block" means a parcel of land, intended to be used for urban purposes, which is entirely surrounded by public streets, highways, railroad rights- of-way, public walks, parks or greenstrips, rural land or drainage channels or a combination thereof;

      3.   "Building line or setback line" means a line or lines designating the area outside of which buildings may not be erected;

      4.   "City" means the City of Eufaula, Oklahoma;

      5.   "City council means Eufaula city council;

      6.   "Easement" means a grant by the property owner to the public, a corporation or persons, of the use of a strip of land for specific purposes;

      7.   "General plan" means the comprehensive development plan for the city which has been officially adopted to provide long-range development policies for the area subject to urbanization in the foreseeable future and which includes, among other things, the plan for land use, land subdivision, circulation and community facilities;

      8.   "Lot" means a subdivision of a block or other parcel intended as a unit for the transfer of ownership or for development;

      9.   "Lot, corner" means a lot located at the intersection of and abutting on two (2) or more streets;

      10.   "Lot, double frontage" means a lot which runs through a block from street to street and which has two (2) non-intersecting sides abutting on two (2) or more streets;

      11.   "Lot, reverse frontage" means a double-frontage lot which is to be developed with the rear yard abutting a major street and with the primary means of ingress and egress provided on a minor street;

      12.   "Planning commission" means the Eufaula Planning Commission;

      13.   "Plat, preliminary" means a map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land;

      14.   "Plat, final" means a map of land subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets and alleys, public areas and other dimensions of land;

      15.   "Street" means any public or private right-of-way which affords the primary means of access to abutting property;

      16.   "Street, major" means an arterial street which is designated on the Major Street Plan or Expressway Plan;

      17.   "Street, minor" means a street whose primary purpose is to provide access to adjacent properties and which is designed so that its use by arterial traffic will be discouraged;

      18.   "Street, collector" means a minor street which collects traffic from other minor streets and serves as the most direct route to a major street or a community facility;

      19.   "Street, cul-de-sac" means a minor street having one end open to vehicular traffic and having one closed end terminated by a turnaround;

      20.   "Street, frontage or service" means a minor street auxiliary to and located on the side of a major street for service to abutting properties and adjacent areas and for control of access;

      21.   "Subdivider" means any person, firm, partnership, corporation or entity, acting as a unit, subdividing or proposing to subdivide land as herein defined; and

      22.   "Subdivision" means the division or re-division of land into two (2) or more lots, tracts, sites or parcels for the purpose of transfer of ownership or for development, the dedication or vacation of a public or private right-of-way or easement. (Ord. December 1, 1971)

   A.   For all cases of subdividing within the scope of these regulations, a plat of land in question or an easement with a description in writing where appropriate shall be drawn and certified by a state registered professional engineer and submitted to the planning commission and city council for their approval or disapproval, as provided hereafter in these regulations.

   B.   No plat or other land subdivision instrument shall be filed in the office of the county clerk until it shall have been approved by the planning commission and by the city council as hereinafter set forth. All final plats shall be filed within two (2) years of date of approval by the planning commission, and no lots shall be sold from any plat until recorded. Failure to record the plat within two (2) years of the date of planning commission or city council approval, whichever is the later, shall void all approvals thereto.

   C.   Each plat submitted for preliminary or final approval shall be placed on the agenda of the planning commission only after fulfilling the appropriate requirements of these regulations.

   D.   To defray partially the cost of notification and administration procedures there shall be paid to the city clerk at the time of submission of the preliminary plat a fee in the following amount: Fifty Dollars ($50.00) plus Two Dollars ($2.00) per lot. Where only a portion of an approved preliminary plat is submitted for final approval, a final plat of the remaining area may be submitted at any time within five (5) years of the date of preliminary approval without payment of an additional filing fee by the subdivider, if the final plat for the additional area conforms substantially with the approved preliminary plat. (Ord. December 1, 1971)

The quality of design of the urban area is dependent on the quality of design of the individual subdivisions that compose it. Good community design requires the coordination of the efforts of each subdivider and developer of land within the urban area. Therefore, the design of each subdivision shall be prepared in accordance with the principles established by the general plan for land use, circulation, community facilities and public utility services and in accordance with the following general principles:

      1.   It is intended that the Eufaula urban area should be designed as a group of integrated residential neighborhoods and appropriate commercial, industrial and public facilities. The neighborhood, as a planning unit, is intended as an area principally for residential use, and of a size that can be served by one elementary school. Space for religious, recreational, educational and shopping facilities to serve the residents of the neighborhood should be provided and designed as an integral part of each neighborhood;

      2.   The size of lots and blocks and other areas for residential, commercial, industrial and public uses should be designed to provide adequate light, air, open space, landscaping and off-street parking and loading facilities;

      3.   The arrangements of lots and blocks and the street system should be designed to make the most advantageous use of topography and natural physical features. Tree masses and large individual trees should be preserved. The system of sidewalks and roadways and the lot layout should be designed to take advantage of the visual qualities of the area;

      4.   Circulation within the urban area shall be provided in accordance with the following design criteria:

         a.   Each subdivision shall provide for the continuation of all arterial streets and highways as shown on the Transportation Plan. Arterial streets should be located on the perimeter of residential neighborhood;

         b.   Minor streets should be designed to provide access to each parcel of land within the residential neighborhood and within industrial areas, and in a manner that will discourage use by through traffic. They should be planned so that future urban expansion will not require the conversion of minor streets to arterial routes;

         c.   Collector streets should be designed to provide a direct route from other minor streets to the major street system;

         d.   Ingress and egress to residential properties should be provided only on minor streets; and

         e.   Pedestrian ways should be separated from roadways used by vehicular traffic. Sidewalks should be designed to provide all residential building sites with direct access to all neighborhood facilities, including the elementary school, parks and playgrounds, churches and shopping centers; and

      5.   Minimum standards for development are contained in the zoning ordinance, the building code and in these regulations. However, the general plan expresses policies which are intended to achieve optimum quality of development in the urban area. If only the minimum standards are followed, as expressed by the various ordinances regulating land development, a standardization of development will occur.

This will produce a monotonous urban setting. Subdivision design should be of a quality to carry out the purpose and spirit of the policies expressed in the general plan and in these regulations rather than be limited to the minimum standards required herein. (Ord. December 1, 1971)

The arrangement, character, extent, width, grade and location of all streets shall conform to all of the elements of the general plan and shall be designed in accordance with the following provisions:

      1.   Major streets shall be planned to conform with the Transportation Plan;

      2.   Whenever a subdivision abuts or contains an existing or proposed major street, the planning commission may require service streets, reverse frontage with screen planting contained in a non-access reservation along the rear property line, deep lots, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic;

      3.   Minor streets shall be laid out so that their use by through traffic will be discouraged;

      4.   Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the planning commission may require a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the intervening land. Such distances also shall be determined with due regard for the requirements of approach grades and future grade separation structures;

      5.   Reserve strips controlling access to streets shall be prohibited except where their control is placed in the city under conditions approved by the planning commission;

      6.   Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider;

      7.   When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be arranged to permit the logical location and opening of future streets and appropriate resubdivision, with provision for adequate utility easements and connections for such resubdivision;

      8.   Street jogs with centerline offsets of less than one hundred fifty (150) feet should be avoided;

      9.   Street right-of-way widths shall be in accordance with the Transportation Plan and, where not otherwise designated therein, it shall be the responsibility of the developer to dedicate right-of-way to provide a width of not less than the following:

         a.   Major Streets:

 

 

         b.   Minor Streets:

 

 

Whenever the major or minor street is located wholly within the proposed subdivision, the total width of the right-of-way shall be dedicated; and whenever the major or minor street is located adjacent to the outer edge of the subdivision, one-half (½) of the right-of-way shall be dedicated, if it is equitable and feasible from an engineering design standpoint for the other half of the right-of-way to be dedicated from adjacent property.