A.   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, shall 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 ensure the development and maintenance of a healthy, attractive and efficient community that provides for the conservation and protection of its human and natural resources.

   B.   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 benefits the tract of land being developed be borne by the owners or developers of the tract, and that the cost of improvements which primarily benefits the whole community be borne by the whole community.

      5.   Provide the best possible design for the tract.

      6.   Reconcile any differences of interests.

      7.   Establish adequate and accurate records of land subdivision. (Prior code ch. 16, as amended)

These subdivision regulations and minimum standards for land development are adopted by ordinance passed by the city council under the authority granted by 11 Oklahoma Statutes sections 45-101 through 45-103. (Prior code ch. 16, as amended)

   A.   These regulations and development standards shall apply to the following forms of land subdivision and land development: (Prior code ch. 16, as amended)

      1.   The division of land into two (2) or more tracts, lots, sites, or parcels, any part of which, when subdivided, shall contain twenty (20) acres or less in area.

      2.   The division of land, previously subdivided or platted, into tracts, lots, sites or parcels, of twenty (20) acres or less in area. (Ord. 2012-06, 10-18-2012)

      3.   The dedication, vacation or reservation of the area involved, including those for use by public and private utility companies.

      4.   The dedication or vacation of any street or alley through any tract of land regardless of the area involved.

      5.   These regulations intend to require that all unplatted land located in the city be platted in conformance with these provisions prior to the actual accomplishment of urban and suburban development and that an approved final plat shall be filed of record prior to the issuance of a required building permit for the development of any and all residential, institutional, industrial, and commercial uses, provided, however, that variations and exceptions are accommodated in this chapter enumerating those cases where the full application of these provisions is not required. (Prior Code, Chapter 16, as amended)

Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in these regulations would result in substantial hardship or inequity, the planning commission may vary or modify, except as otherwise indicated, such requirements of design, but not of procedure or improvements, so that the subdivider may develop the property in a reasonable manner, but so, at the same time, the public welfare and interests of the city are protected and the general intent and spirit of these regulations preserved. Such modifications may be granted upon written request of the subdivider stating the reason(s) for each modification and may be waived by three-fifths (3/5) vote of the regular membership of the planning commission. (Prior Code, Chapter 16, as amended)

The city council may, from time to time, adopt, amend and make public rules and regulations for the administration of these regulations to the end that the public be informed and that approval of plats be expedited. These regulations may be enlarged or amended by the city council after public hearing, due notice of which shall be given as required by law. (Prior Code, Chapter 16, as amended)

If any section, clause, paragraph, provision, or portion of these regulations shall be held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, paragraph, provision or portion of these regulations. (Prior Code, Chapter 16, as amended)

All ordinances or parts of ordinances in conflict herewith are hereby repealed. (Prior Code, Chapter 16, as amended)

   A.   No building permit shall be issued for any new structure or change, improvement or alteration of any existing structure on any tract of land which does not comply with all of the provisions of these regulations.

   B.   A violation of these regulations shall be deemed a misdemeanor and shall be punishable by fine. Any person, firm or corporation who violates or refuses to comply with any of the provisions of these regulations shall be fined as provided in section 1-108 of this code for each offense. Each day a violation is permitted to exist shall constitute a separate offense. (Prior Code, Chapter 16, as amended)

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

ALLEY: 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.

BICYCLE LANE: That portion of a roadway set aside and appropriately designated for the use of bicycles.

BICYCLE PATH: A surfaced facility physically separated from motor vehicle traffic.

BLOCK: 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.

BUILDING LINE OR SETBACK LINE: A line or lines designating the area outside of which building(s) may not be erected.

CITYHOUSE: One of a series of two (2) or more attached dwelling units, separated from one another by continuous, vertical party walls without openings from basement floor to the roof deck and tight against the walls or through the roof and which are intended to have ownership transferred in conjunction with a platted lot.

COMPREHENSIVE PHYSICAL DEVELOPMENT PLAN: The comprehensive plans for physical development for the city which are 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.

DEVELOPMENT: The erection or construction of buildings; or the erection or construction of any additions to existing buildings where outer walls are added or altered as to location, but not including alterations or remodeling of buildings where the outer walls are not added or altered as to location.

DEVELOPMENT DENSITY: Development falling within the following categories:

   A.   Low: Two (2) or less dwelling units per acre.

   B.   Medium: 2.1 to 4.5 dwelling units per acre.

   C.   High: Over 4.5 dwelling units per acre.

EASEMENT: A grant by the property owner to the public, a corporation, or persons, of the use of a strip of land for specific purposes.

FINAL PLAT CHECKLIST: An administrative worksheet used in conference with the applicant to verify completion of necessary items prior to submission of a final plat.

LOT: A subdivision of a block or other parcel intended as a unit for the transfer of ownership or for development.

LOT, CITYHOUSE: A lot shown on a cityhouse plat and intended as the site of a single attached dwelling unit.

LOT, CORNER: A lot located at the intersection of and abutting on two (2) or more streets.

LOT, DOUBLE FRONTAGE: A lot which runs through a block from street to street and which has two (2) nonintersecting sides abutting on two (2) or more streets.

LOT LINE ADJUSTMENT: A relocation of the lot lines of two (2) or more lots included in a plat which is filed of record, for the purpose of making necessary adjustments to building sites.

LOT, REVERSE FRONTAGE: A double-frontage lot which is to be developed with the rear yard abutting a major street and with the primary means of ingress provided on a local street.

LOT SPLIT: Any division or redivision of land under single ownership either by metes and bounds or plat description, into not more than three (3) parcels. Such division may be for the purpose, whether immediate or future, of transfer of ownership.

LOT SPLIT CHECKLIST: An administrative worksheet used in conference with the applicant to verify completion of necessary items prior to submission of a lot split application and plat.

LOT SPLIT PLAT: A map describing a lot split.

OFF-SITE IMPROVEMENTS: Any utility, structure, or modification of topography which is, or shall be, located within, under, or over a right of way or easement of record and which is, or shall be, owned or maintained by other than the individual owner or owners of developed real estate.

OWNER'S CERTIFICATE AND DEDICATION: A notarized statement by the owners of the land being subdivided certifying that they are the sole owners, all streets and alleys shown on the plat are dedicated to the public use, and all easements for utilities and drainage are reserved as shown on the plat.

PLANNED GROWTH AREA: That area generally encompassing the previously developed and rapidly developing urban area as depicted on the comprehensive plan map.

PLANNING COMMISSION: The city planning commission.

PLAT, CERTIFICATES: The various statements required by these regulations to be placed on final plats and instruments of conveyance showing various approvals and affidavits.

PLAT, FINAL: A map of a 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.

PLAT, PRELIMINARY: A map of 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.

PLAT, SKETCH: A map of a proposed subdivision which indicates in general the area to be subdivided, the street layout, lots and blocks, and the general nature of improvements and which may be prepared in freehand pencil form.

RESTRICTIVE COVENANT: A condition upon the ownership of land which is contracted between seller and buyer and may involve other parties when enacted as a part of a plat.

RIGHT OF WAY: A strip of land dedicated in fee simple or by easement to be occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another public utility or special use.

RIGHT-OF-WAY LINE: A boundary or dividing line between a lot, tract or parcel of land and a contiguous street easement. Also it is a line between public and private ownership responsibility.

RURAL AND SUBURBAN AREA: All that part in the incorporated area of the city which is not included within the defined planned growth area.

STREET: Any public or private right of way which affords the primary means of access to abutting property.

STREET, ARTERIAL: A major street which is designated on the transportation plan, official city plan or as may be designated by ordinance and which is designed to carry intercity traffic and to relate the various neighborhoods within the city.

STREET, COLLECTOR: A local street which collects traffic from other local streets and serves as the most direct route to a major street or a community facility.

STREET, CUL-DE-SAC: A local street having one end open to vehicular traffic and having one closed and terminated by a turnaround.

STREET, FRONTAGE OR SERVICE: A local 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.

STREET, LOCAL: A street whose primary purpose is to provide access to adjacent properties and which is designed so that its use by arterial traffic shall be discouraged.

STREET, MAJOR: An arterial street primarily for traffic movement and secondarily for providing direct access to abutting property.

SUBDIVIDER: Any person, firm, partnership, corporation or other entity, acting as a unit, subdividing or proposing to subdivide land as herein defined.

SUBDIVISION: The division or redivision of land into two (2) or more lots, tracts, sites or parcels for the purpose of transfer of ownership or for development, or the dedication or vacation of a public or private right-of-way easement. (Prior Code, Chapter 16, as amended; amd. Ord. 1989-13, 12-21-1989; Ord. 1994-10, 4-7-1994)

   A.   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 following general principles:

      1.   It is intended that the Harrah urban area should be designed as a group of integrated residential neighborhoods and areas, and appropriate commercial, industrial and public facilities. The neighborhood, as a planning unit, is intended as an area principally for residential use. Space for religious, recreational, educational, and shopping facilities to serve the residents of the area shall be planned as an integral part of each neighborhood and using a design and arrangement that shall not adversely affect other uses in the area.

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

      3.   The arrangements of lots and blocks and the street system shall be designed to make the most advantageous use of topography and natural physical features. Tree masses and large individual trees shall be preserved. The system of sidewalks and roadways and the lot layout shall 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 comprehensive physical development plan. Arterial streets shall be located on the perimeter of the residential neighborhood.

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

         c.   Collector streets shall be designed to provide a direct route from other local streets to the major street system. (Prior Code, Chapter 16, as amended)

         d.   Ingress and egress to residential properties should be designed for access on local streets. (Ord. 1993-12, 8-19-1993)

         e.   Pedestrianways shall be separated from roadways used by vehicular traffic. Sidewalks when required or otherwise provided shall be designed to provide residential building sites with direct access to neighborhood facilities, including the elementary school, parks, and playgrounds, churches and shopping centers.

         f.   Commercial or industrial subdivisions shall have access to a major street by means of a street system designed for this use, but they shall not have access to residential streets in such a manner that encourages or promotes the movement of foreign traffic through residential neighborhoods.

         g.   Bicycle lanes and bicycle paths shall be separated from vehicular and pedestrian traffic and shall be designed to provide access to major focal points within and beyond the neighborhood. (Prior Code, Chapter 16, as amended; amd. Ord. 1993-12, 8-19-1993)

   A.   General: For all cases of subdividing within the scope of these regulations, a plat of the land in question shall be drawn and submitted to the planning commission and city council for their approval or disapproval, to be submitted in the form of an electronic PDF or such other media as the city shall require for the orderly determination of planning the platting process, as provided further in these regulations.

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

   C.   Agenda: 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. However, a plat not meeting all of the requirements may be submitted providing the subdivider presents with the plat a written request for specific exceptions and explains the reasons therefor.

   D.   Filing Fees: To defray partially the costs of notification and administrative procedures there shall be paid to the city clerk at the time of submission of the preliminary plat a fee in such sum as set by the city council, a copy of which is on file with the city clerk. 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 one year 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.

   E.   Sale Of Property Not Abutting On Public Street: Except as permitted by these regulations, it is unlawful for any person, firm or corporation to sell to any other person, firm or corporation any lot, parcel, tract or block of land to be used for other than agricultural purposes, regardless of the size or shape of the lot, parcel, tract or block of land unless the land abuts on a public street or road for the distance required by the zoning regulations pertaining to the zoning district in which the lot, parcel, tract or block of land is situated. (Prior Code, Chapter 16, as amended; amd. Ord. 2021-16, 9-20-2021)

Whenever any subdivision of land is proposed, before any contract is made for the sale of any part of the land and before any permit for the erection of a structure in the proposed subdivision shall be granted, the owner of the land or an authorized agent shall apply for and secure planning commission approval of the proposed subdivision. The proposed subdivision may be processed as a rural subdivision, standard subdivision, or a lot split subdivision. (Prior Code, Chapter 16, as amended)

   A.   It is the purpose of this section to allow for rural subdivisions within the city and outside the planned growth area. Except for the following conditions all other regulations pertaining to subdivisions shall apply to rural subdivisions:

      1.   Private roadways may be constructed to provide access to individual lots. The private roadway shall not be dedicated to the public but reserved for future dedication and, until the future dedication, be the private roadway of the abutting property owners. The private roadway shall be maintained by the owners of the property within the subdivision. The municipality shall have no responsibility for the maintenance and repair of the private roadway. The private roadway easement shall be at least fifty feet (50') in width.

      2.   Before any private roadway is accepted by the municipality as a public street the street shall be paved to municipal standards and meet all right-of-way design standards as stated in this code.

      3.   Each lot shall abut the private roadway and shall contain not less than five (5) acres.

      4.   The subdivision shall be more than one-fourth (1/4) mile from sewer and water facilities furnished by the municipality.

      5.   If the property is platted, there shall be emblematized on the face of the plat, clearly conspicuous, a notice that the streets and drives shall be maintained by the private property owners within the subdivision, but that the streets shall always be open to police, fire, and other official vehicles of all state, federal, county and municipal agencies.

      6.   Every deed shall clearly acknowledge that the roadway is private and not maintained by the municipality.

      7.   Prior to the sale of any parcel in the subdivision, a conspicuous sign shall be posted at the entrance to the subdivision: "Private roadway not maintained by the city". At any time after the municipality recognizes and permits the use of the private roadway, a petition, of at least sixty percent (60%) of the owners, in the area, to improve and dedicate the street shall bind all of the owners thereby to permanently improve the street or roadway in compliance with the requirements of the municipality.

      8.   All driveways which connect with public streets shall be constructed in accordance with standard design of driveway entrances for Oklahoma highways, revised and subsequent amendments thereto, as prepared by the Oklahoma department of transportation. (Prior Code, Chapter 16, as amended; amd. Ord. 1993-12, 8-19-1993)

   A.   The purpose of this section is to provide for the platting requirements of the majority of land division and development activities within the urban area. All other regulations pertaining to subdivisions shall apply to standard subdivisions.

   B.   The purpose of the preliminary plat is to provide an interim step in the procedure at which point the subdivider shall present drawings of the detail features of the subdivision. It is at this point that the items discussed at the sketch plat stage and as set down herein are prepared in a form from which determinations can be made as to the technical workability of the development proposal.

   C.   The preliminary plat and preliminary plat checklist may be reviewed by the water superintendent and the fire chief of the city, the county sanitarian, the conservationist of the soil conservation service which serves Oklahoma County, and other technical and professional personnel as may be designated by the planning commission, each of which shall make a written or verbal report to the planning commission, or a representative thereof, concerning the proposed subdivision as it relates to the area of concern for which each is responsible. Additionally, each plat shall be reviewed by the city engineer. The planning commission shall review the proposed preliminary plat and may require changes and modifications which are necessary to conform with the purpose and spirit of the comprehensive physical development plan, the provisions of these regulations, and the applicable ordinances of the city relating thereto.

   D.   The planning commission shall approve, approve conditionally, or disapprove the plat within seventy (70) days of the first planning commission meeting where the materials are reviewed. If the preliminary plat is disapproved or approved conditionally, the reasons for this action shall be stated in writing, a copy of which shall be signed by the planning commission chair and shall be attached to one copy of the plat and transmitted to the subdivider. Unless stipulation for additional time is agreed to by the subdivider, if no action be taken by the planning commission at the end of the seventy (70) day period, the plat shall be deemed to have been approved. The reasons for disapproval or conditional approval shall refer specifically to those parts of the comprehensive physical development plan or specific regulations or ordinances with which the plat does not conform. On conditionally approving a plat, the planning commission may require submission of a revised preliminary plat. If the plat conforms to all of the standards or after the applicant and planning commission agree upon any revision which shall be filed with the planning commission on a revised copy, the subdivider may proceed with the staking of streets and roads, the preparation of utility plans and with the preparation of a final plat.

   E.   All actions of the planning commission whether conditional approvals or approvals shall, in so far as the plat involves dedications to the public, constitute only an authorization of the subdivider to submit the plat for consideration of the city council to which the dedications are proposed. The planning commission actions shall not constitute an acceptance of dedication or a commitment to accept dedication.

   F.   The applicant shall submit to the planning commission four (4) copies of the preliminary plat and one copy of the preliminary plat checklist twenty one (21) days before the meeting at which consideration is requested. If a final plat covering all or part of the land shown in a preliminary plat has not been filed with the secretary of the planning commission within one year after the approval of the preliminary plat, then all approvals shall be void.

   G.   The preliminary plat shall be drawn at a scale of not more than one hundred feet (100') to the inch, except where impractical and shall show:

      1.   The scale, north arrow, and date.

      2.   The proposed name of the subdivision.

      3.   The name and address of the owner of record, the subdivider, and the registered professional engineer or land surveyor preparing the plat, with the appropriate seal.

      4.   A key map showing the location of the proposed subdivision referenced to existing or proposed major streets and to government section lines and survey monuments to at least one of which the subdivision shall be referenced, and including the boundaries and number of acres of the drainage area of which the proposed subdivision is a part.

      5.   Written legal description of the subdivision.

      6.   Area in acres and length of boundaries.

      7.   The names, with locations of intersecting boundary lines, of adjoining subdivisions, and the location of the city limits if falling within or immediately adjoining the tract, and owners of record within three hundred feet (300').

      8.   The land contours with vertical intervals of two feet (2') referenced to a United States geological survey or coast and geodetic survey bench mark or monument.

      9.   The location of dedicated streets at the point where they adjoin or are immediately adjacent; but actual measured distances shall not be required.

      10.   Location, name and dimensions including right of way of all existing and proposed streets, alleys, and setback lines within, bordering or abutting the proposed subdivision, measured to the nearest foot or decimals of a foot.

      11.   Classification of every street within or adjacent to the subdivision in accordance with the intended use. This shall be done by placing the appropriate terminology (primary thoroughfare, secondary thoroughfare, collector or local) in parentheses on each street.

      12.   The location of all existing easements of record, sanitary and storm sewers, water mains, culverts, power lines, and other surface or subsurface structures within the tract or immediately adjacent thereto, and the location, layout, type, and approximate size of the following structures and utilities:

         a.   Water mains.

         b.   Sanitary sewer mains, submains and laterals.

         c.   Storm sewers, culverts and drainage structures.

         d.   Street improvements.

         e.   Power and natural gas lines.

         f.   Pipelines.

      13.   The proposed method of disposing of all runoff from the proposed subdivision, and the location and size of all drainage easements relating thereto, whether they may be located within or outside of the proposed plat.

      14.   Location and size of existing bodies of water, watercourses, structures and other physical features relating thereto; and number of acres in the drainage area of which it is a part.

      15.   Lot and block numbers in logical sequence, with areas not used marked "reserved" or "not a part".

      16.   Location and description of any land to be dedicated or reserved for parks, schools, churches or public or quasi-public uses.

      17.   Areas subject to flooding.

      18.   The existing zoning and proposed changes of zoning in the tract and of the property immediately adjacent thereto.

      19.   The following certificates and references:

         a.   Certificate for planning commission action.

      20.   Restrictive covenants if any, stating as a minimum:

         a.   Land use permitted; or

         b.   Construction type permitted;

      21.   Four (4) copies dark line prints of plat.

      22.   One copy completed checklist. (Prior Code, Chapter 16, as amended)

   A.   The purpose of the final plat is to create a record document which accurately describes the subdivided land, both as to accurate dimensions, and as to legal provisions which are pertinent to the subdivision. Much of the reason for this step is to make the transfer of the land more simple and certain. Land sales by reference to a legally filed plat are generally less complicated and more likely to provide the precise legal situation sought. The certainty of such sales derives from the assurance of an accurate survey and processes designed to assure the provision of facilities necessary to service the land.

   B.   The planning commission shall act upon the final plat and final plat checklist within seventy (70) days after the planning commission meeting where the materials are first reviewed for final approval. This approval and the date thereof shall be shown on the plat over the signature of the planning commission chair. Unless stipulation for additional time is agreed to by the subdivider and if no action is taken by the planning commission at the end of the seventy (70) day period, the plat shall be deemed to have been approved. A certification by the city clerk as to date of receipt of plat for final approval and failure of planning commission to act thereon within the time shall be sufficient in lieu of written endorsement of approval.

   C.   If the final plat is disapproved, grounds for this refusal shall be stated in writing, a copy of which shall be transmitted with the tracing and prints to the applicant. The reasons for disapproval shall refer specifically to those parts of the ordinance or regulation with which the plat does not comply.

   D.   All actions of the planning commission whether approving final plats for all or part of an area shown in a preliminary plat shall, in so far as the plat involves dedications to the public, constitute only an authorization for the subdivider to submit the plat to the city board. Such planning commission action shall not constitute an acceptance of dedication or a commitment to accept dedication.

   E.   The applicant shall submit to the planning commission two (2) copies of the final plat, one completed copy of the final plat checklist, with required documents, and two (2) copies of the plans and specifications for all improvements to be installed within thirty (30) days before the meeting at which consideration is requested. The planning commission shall act upon all submissions related to final plats within seventy (70) days of the first planning commission meeting where the plat is reviewed or the plat shall be considered to have been approved. If a final plat is not filed of record with the county clerk within two (2) years after the approval of the city board all approvals shall be void.

   F.   After final approval of the plat and the affixing of all required signatures on the original tracing, the subdivider shall provide the city clerk with two (2) dark line prints thereof, and one contact reproducible tracing. The applicant, accompanied by a representative of the city clerk's office, shall file the original tracing, one dark line print on cloth, and one contact reproducible cloth tracing or film with the county clerk.

   G.   Final plat requirements as are follows:

      1.   The final plat shall be prepared by a registered professional engineer or registered land surveyor holding a license to practice in the state. The plat must bear the seal and signature of a registered land surveyor.

      2.   The final plat shall be drawn at a scale of one hundred feet (100') to the inch from an accurate survey and on sheets whose dimensions are twenty four inches by thirty six inches (24" x 36"). On the first sheet of every plat there shall be a key map showing the location of the subdivision referenced to government survey section lines and major streets. If more than two (2) sheets are required for the plat, the key map shall show the number of the sheet for each area. The borders of the sheets shall be: one and one-half inches (11/2") at top and bottom and two inches (2") at left, and one inch (1") at right.

   H.   Contents of the final plat are as follows:

      1.   The location and description of all section corners and permanent survey monuments in or near the tract, to at least one of which the subdivision shall be referenced.

      2.   The length of all required lines dimensioned in feet and decimals thereof, and the value of all required true bearings and angles dimensioned in degrees and minutes, as hereafter specified.

      3.   The boundary lines of the land being subdivided fully dimensioned by length and bearings, and the location of boundary lines of adjoining lands, with adjacent subdivisions identified by official names. Material which is not a part of the subdivision shall be shown in dashed or dotted lines.

      4.   The lines of all proposed streets fully dimensioned by the lengths and bearings or angles.

      5.   The lines of all proposed alleys. Where the length or direction of an alley is not readily discernible from data given for lot and block lines, the length or bearing shall be given.

      6.   The widths, and names where appropriate, of all proposed streets and alleys, and of all adjacent streets, alleys and easements which shall be properly located.

      7.   The lines of all proposed lots fully dimensioned by lengths and bearings or angles, except that where a lot line meets a street line at right angles, the angle may be shown as a symbol.

      8.   The outline of any property which is offered for dedication to public use fully dimensioned by lengths and bearings, with the areas other than streets to be marked "public".

      9.   The blocks numbered consecutively throughout the entire subdivision and the lots numbered consecutively throughout each block, with areas to be excluded from platting marked "reserved" or "not a part".

      10.   The location of all building lines, setback lines, and easements for public services or utilities with dimensions showing their location.

      11.   The radii, arcs, points of tangency, points of intersection, and central angles and curve data for curvilinear streets and radii for all property returns.

      12.   The location of all drainage channels and subsurface drainage structures and the proposed method of disposing of runoff from the subdivision; the location and size of all drainage easements relating thereto whether located within or abutting the proposed plat.

      13.   The proper acknowledgements of owners and the consent by the mortgagee to plat dedications.

      14.   The following which shall be made and shown on a reproducible tracing:

         a.   Owner's certificate and dedication, signed.

         b.   Surveyor's certificate of survey, signed, address and seal.

         c.   Certificate for release of mortgage for any portion dedicated to the public.

         d.   Reference to any separate instruments, including restrictive covenants, filed in the office of the county clerk which directly affect the land being subdivided.

         e.   Certificate of planning commission approval.

         f.   Certificate of board of trustees acceptance of streets, easements and public land dedications.

         g.   County treasurer's certificate.

      15.   A title which shall include:

         a.   Name of the subdivision.

         b.   Name of the city, county and state.

         c.   Location and description of the subdivision referenced to section, range and township.

      16.   The final plat shall be accompanied by:

         a.   A copy of the restrictive covenants if any are to be filed, which shall state as a minimum:

            1.   Land use to be permitted.

            2.   Construction type to be permitted.

         b.   Four (4) copies of state health department approval of water and sewer systems if other than city service.

         c.   One copy of completed checklist for final plat.

         d.   Profile sheets on all streets and sanitary sewers drawn to a scale of: horizontal one inch equals forty feet (1" = 40'), vertical one inch equals four feet (1" = 4'). (Prior Code, Chapter 16, as amended)

   A.   Purpose: The purpose of providing for the processing of lot split plats is to facilitate the conveyance of simple property divisions while maintaining sound planning principles. The lot split process simply avoids the expense of platting. Those matters which shall be considered as lot splits shall be those which involve the dividing or redividing of a single parcel of land into not more than three (3) resulting parcels, and which dividing shall not involve the extension, opening, vacating, narrowing, or change of alignment of any thoroughfare, street, right of way, or easement. The determination of eligibility for processing of a lot split plat shall be made from the records of the ownership of property as of the date these regulations are adopted, or the date of any previous lot split, whichever is earlier. Once a parcel has been subdivided and results in a smaller parcel, the smaller parcel may not be the subject of a subsequent lot split plat except to the extent necessary to correct the area or shape of existing lots or to add area to existing lots, but in no event shall it result in additional building sites. All lots to be considered for lot split plats must comply with all other ordinances and regulations concerning subdivisions in the city. (Prior Code, Chapter 16, as amended)

   B.   Lot Split Plat Submittal: The applicant shall submit to the planning commission four (4) copies of the lot split plat and a completed one copy of the lot split plat checklist with all required documents, seven (7) days prior to the meeting at which consideration is requested. The planning commission shall act upon the lot-split plat within seventy (70) days of the first planning commission meeting where the plat is reviewed or the plat shall be considered to have been approved.

   C.   Conditions And Procedures: Consideration of lot split plats shall be permitted under the following conditions and procedures:

      1.   Submission of materials by the applicant to the secretary of the planning commission seven (7) days prior to the next regularly scheduled meeting. As a minimum these requirements shall include:

         a.   A deed on each tract with legal description to be approved.

         b.   Four (4) copies of a certified survey, prepared by a land surveyor registered in the state of Oklahoma, shall be submitted on the proposed tract and the resubdivision thereof. The survey shall show the following:

            1.   Each new tract being formed shall be labeled "Tract A, Tract B, or Tract C".

            2.   The legal description of the original tract of land and each new tract being created by the subdivision.

            3.   Scale, north arrow and date.

            4.   Name and address of the owner of record.

            5.   Key map showing the location of the reference to existing and proposed major streets and governmental section lines.

            6.   Location of existing buildings and dedicated streets at the point where they adjoin or are immediately adjacent to the lot split subdivision.

            7.   Length of boundaries of the tracts created measured to the nearest foot and proposed location and width of streets, alleys and easements and building setback lines where applicable.

            8.   Original signature and seal of the registered land surveyor preparing the plat of survey properly notarized.

         c.   One copy of the lot split checklist.

         d.   Deeds of tracts, parcels or lots bordering the proposed lot split subdivision if deemed necessary by the planning commission.

         e.   All instruments for the dedication or required public easements and rights of way shall be submitted. This shall mean, in cases where private easements are required, that the applicant must submit certified copies of the instrument(s) filed of record with the appropriate county clerk.

         f.   Percolation test results approved by the health department if applicable.

   D.   Improvements Required: The following requirements are mandatory for lot splits:

      1.   All Current Subdivision Regulations Met: All current subdivision regulations shall be met according to section 12-403 of this chapter, including all ordinances and regulations relating to the improvements of streets and the installation of water, sewer and drainage facilities, unless otherwise stated in these regulations.

      2.   Street Paving: The city shall require the installation of street paving in accordance with city standards with the application for a lot split, if the paving does not already exist, except that the planning commission and city council may vary that requirement when the following conditions exist:

         a.   A residential lot on an approved private road;

         b.   A residential lot on a hard surfaced, but not necessarily curbed, road;

         c.   A residential lot on an unpaved road when it is determined that the entire area is rural in nature and that paving should not be installed;

         d.   A residential lot on an approved public street; or

         e.   When it would be impractical to require paving because the property is abutting a street included within an approved street bond program or where such paving can be best accomplished through an assessment district.

      3.   Sanitary Sewer: Upon application for a lot split, the city shall require the extension and installation of sanitary sewer lines as required in sections 17-326 through 17-331 of this code. If a subdivided tract, parcel or lot is not in conformance with the above mentioned sections, a septic system may be utilized under the following conditions:

         a.   Approved percolation test results by the county health department.

         b.   The septic system shall be installed and inspected in accordance with the state health department regulations.

      4.   Lot Size: Tracts, parcels or lots must meet the lot width, and area requirements of the particular zoning district in which it is located. However, the following subsections will take precedence, when they can be applied:

         a.   Agricultural and residential property must have a minimum of one hundred feet (100') of frontage and eighty seven thousand one hundred twenty (87,120) square feet of area when the lot(s) submitted for deed approval gains its primary access from an arterial road.

         b.   The lot is serviced by public water/septic systems - minimum twenty two thousand five hundred (22,500) square feet.

         c.   The lot is served by private water well/septic system - minimum thirty five thousand (35,000) square feet or as otherwise required by "Septic Tank and Subsurface Tile Systems", bulletin no. 600, Oklahoma state department of health.

      5.   Water: The city shall require the extension and installation of water mains to serve this tract, parcel or lot as required by sections 17-201 through 17-216 of this code. If a private water well is utilized, then it shall meet the following conditions:

         a.   Approval of water well drilling by the health department must be secured.

         b.   The tract, parcel or lot must meet the locational criteria and health department criteria if water well and septic tank are both used.

   E.   Review Of Materials: Review of the materials received by the administrative staff and transmittal to the planning commission at least seven (7) days prior to consideration at the next regular meeting of the planning commission.

   F.   Consideration By The Planning Commission: If the application is approved, it shall be certified by the signature of the chair of the planning commission and attested by the secretary. If the application is denied the reasons for denial shall be stated in writing, with reference made to the express provisions of the regulations to which the application does not conform, and shall be transmitted to the applicant. (Prior Code, Chapter 16, as amended; amd. Ord. 1991-17, 9-19-1991; Ord. 1994-14, 5-19-1994; Ord. 1994-28, 12-1-1994)

   A.   The purpose of this section is to allow adjustments to be made to lot lines of platted lots for the purpose of adjusting the size of building sites; however, it is not intended that extensive replatting be accomplished by use of this section. The lot line adjustments shall be permitted for the purpose stated, but shall not violate any of the provisions of this chapter of this code or of the design and improvement provisions of this chapter, and shall meet the following conditions:

      1.   No additional lot shall be created by any lot line adjustment.

      2.   No lot line adjustment shall be allowed unless all required off-site improvements are either completed and accepted by the city, or their construction is secured under applicable requirements contained in this chapter.

      3.   All proposed residential dwelling sites contained in a proposed lot line adjustment shall have a width at the front building line which is equal to or greater than the narrowest width lot, measured at the front building line, which fronts on the same street as the proposed dwelling site and which is located within the same block, or is across the street from the same block, in which the dwelling site is located.

      4.   All proposed parcels or building sites involved in a lot line adjustment shall abut on either an existing alley or adequate utility easement and on a public street.

      5.   Unusable parcels shall not be created as a result of any lot line adjustment.

   B.   Lot line adjustments shall be administered by the technical review committee. Each lot line adjustment shall be processed in accord with the standardized form and procedure recommended by the planning commission and approved by the city council.

   C.   The lot adjustment committee may approve or disapprove a request. Approval of a request shall be by unanimous signed consent of the total membership of the lot adjustment committee. Any disapproved request may be appealed to the planning commission and subsequently to the city council. (Prior Code, Chapter 16, as amended)

 

      6.   The foregoing dimensions shall be subject to adjustment upon recommendation by the planning commission where topography, the character of the proposed development, or other similar conditions justify blocks of greater or lesser length or width.

      7.   Block lengths and widths shall be measured from the street right-of-way line. When a block exceeds six hundred fifty feet (650') in length, the planning commission may require a dedicated easement not less than twenty feet (20') in width and a paved walkway not less than five feet (5') in width.

      8.   Blocks used for residential purposes should be of sufficient width to allow for two (2) tiers of lots of appropriate depth, except in those cases where one tier of lots abuts a railroad, a "major street" as defined herein, or a different use area.

      9.   Blocks intended for business and industrial use should be of a width and depth suitable for the intended use, with due allowance for off-street parking and loading facilities and such blocks shall abut a street dedicated to the public on at least one side. (Prior Code, Chapter 16, as amended)

Required front, side and rear building lines shall be governed by the applicable zoning district in which a subdivision is located. Building lines shown on the plat shall be consistent with the zoning setback requirements. (Prior Code, Chapter 16, as amended; amd. Ord. 2022-9, - -2022)

   A.   No building permit shall be issued for any lot prior to the construction of all improvements as are required by regulations and which have been accepted by the city.

   B.   No building permit shall ever be issued for any structure on any tract of land which has not been, when required, subdivided or platted in accordance with these regulations.

   C.   No building permit shall be issued for any development on any tract of land for which a plot plan is required, unless such development is in conformity with the plot plan submitted with the final plat or as it may be later amended. (Prior Code, Chapter 16, as amended)

   A.   Where alleys are not provided, easements not less than ten feet (10') wide shall be provided along each rear lot line, and along side lot lines where necessary, for use by public and private facilities. When adjacent to unplatted land the easement shall be twenty feet (20'). The planning commission may require arterial easements and easements of greater width for the extension of main storm and sanitary sewers and other utilities where it is deemed necessary.

   B.   Where a subdivision is traversed by a watercourse, drainage channel or stream which drains one hundred sixty (160) acres or more of land, there shall be provided a right of way for drainage, public parks, or public utility purposes adequate to contain all of the runoff from a 100-year maximum flood. The right of way shall include all of the land within the subdivision that has an elevation below the 100-year maximum flood elevation based on the determinations made by the Oklahoma soil conservation service or the drainage engineer of the city.

   C.   Pipelines carrying petroleum products shall be located in a dedicated easement of not less than thirty feet (30') in width, depending upon pressure requirement.

   D.   Where double frontage, reverse frontage lots and other lots abutting a major street exist a screening reservation of at least twenty feet (20') shall be provided along the portion of the lots abutting such traffic corridors in platted subdivisions.

   E.   On any corner lot on which a front and side yard is required, no wall, fence, sign, structure or any plant growth which obstructs sightlines at elevations between two feet six inches (2'6") and six feet (6') above any portion of the crown of the adjacent roadway shall be maintained in a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of twenty five feet (25') along the front and side lot lines and connecting the points so established to form a right triangle on the area of the lot adjacent to the street intersection. (Prior Code, Chapter 16, as amended)

   A.   Residential lots shall be not less than seventy feet (70') in width at the front building line and shall abut a street a distance of not less than thirty five feet (35'); except that a corner lot shall be not less than sixty feet (60') in width at the front building line.

   B.   Side lot lines should be approximately at right angles or radial to street lines.

   C.   The depth of residential lots should be not less than one hundred feet (100').

   D.   The area of residential lots shall be not less than seven thousand (7,000) square feet.

   E.   In residential subdivisions where septic tank or individual sewage disposal devices are to be installed, the lot size shall be not less than that allowed in current regulations of the Oklahoma state department of health, bulletin no. 600, "Residential Sewage Disposal", May 1983, and as amended.

   F.   Lots are not required for subdivisions for commercial and industrial use, but when provided should be of appropriate size and arrangement to provide for adequate off-street parking and loading facilities based on the intended use, as well as conform to size requirements for septic or sewer facilities as described in Oklahoma state health department, bulletin no. 600, latest edition.

   G.   Double frontage and reverse frontage lots should be avoided except where they are needed to provide for the separation of development from traffic arteries or to overcome specific disadvantages of topography and orientation. A screen easement of at least twenty feet (20') shall be provided along the portion of the lots abutting such traffic artery or other use where screening is required. There shall be no right of access across a screen reservation.

   H.   Lots are not required for subdivisions for commercial and industrial use where a block is to be developed and retained under single ownership. When provided, lots should be of appropriate size and arrangement to provide for adequate off- street parking and loading facilities, and such lots shall abut a public street, frontage or otherwise, on a minimum of one side.

(Prior Code, Chapter 16, as amended; amd. Ord. 2020-12, 9-21-2020)

Where the subdivision contains sewers, sewage treatment plants, water supply systems or other physical facilities necessary or desirable for the welfare of the area, or that are of common use or benefit which are not or cannot be satisfactorily maintained by an existing public agency, provision will be made which is acceptable to the agency having jurisdiction over the location and maintenance of such facilities for the proper and continuous operation, maintenance, and supervision of such facilities. (Prior Code, Chapter 16, as amended)

Each lot and block corner and subdivision corner will be marked with iron pipes or pins not less than one-half inch (1/2") in diameter and not less than eighteen inches (18") long placed one inch (1") below finished grade. (Prior Code, Chapter 16, as amended)

Public park, playgrounds, school sites, and other public areas and open spaces shall be provided in accordance with the requirements and standards set forth in the comprehensive physical development plan and in the ordinances relating thereto. (Prior Code, Chapter 16, as amended)

   A.   The subdivider shall install sanitary sewers whenever a sanitary sewer is reasonably accessible as determined by the planning commission. Sanitary sewers shall be installed in accordance with the specifications governing sanitary sewer construction as found in the detail sheets.

   B.   Residential development shall be subject to the following guidelines regarding sewage treatment and water supply:

      1.   All septic tanks are required to be inspected by the city- county health department. Each water well must be installed by a licensed water well driller with a sample collected and analyzed for bacterial contamination and nitrates. A copy of the results shall be forwarded to the public works director.

      2.   When subdivisions contain ten (10) acres or more, the planning commission may require the subdivider to install sanitary sewers, and a disposal system that is adequate to serve all the lots within the subdivision.

      3.   For developments with lots of up to five (5) acres in size; alternate acceptable technology designed to improve, or be used in lieu of traditional septic tank leach fields is strongly encouraged. Septic tanks should be used only where such systems meet the standards of the Garber-Wellington guidelines for residential development and where the property owners provide substantial evidence prepared by a ground water professional or professional engineer that the proposed development shall not degrade existing ground water quality and its beneficial uses.

   C.   No final plat shall be approved until written notice has been received from the state department of health or the appropriate county health department that the proposed development meets the state department of health guidelines. (Prior Code, Chapter 16, as amended)

   A.   A plan for a system of sidewalks and walkways may be required by the planning commission that shall provide every lot within a residential or commercial subdivision, or portion thereof, with a direct sidewalk connection with the community facilities and commercial enterprises located within or adjacent to the subdivision, and in a manner that shall provide convenient pedestrian circulation throughout the neighborhood or area in which the subdivision is located. The proposed level of development and resulting density of population shall determine the need for sidewalks within a subdivision. The development densities are established in this section. The planning commission may require the construction of sidewalks to connect with existing or future proposed sidewalks in areas adjacent to the subdivision where such sidewalks are needed for pedestrian circulation. Sidewalks and walkways shall be constructed in the subdivision in accordance with the specifications governing sidewalk and walkway construction.

   B.   On streets forming the exterior boundary of any subdivision the developer or owner thereof shall be required to install sidewalks only on that side of such boundary street which lies within this subdivision.

   C.   All sidewalks required herein shall be constructed according to the specifications and requirements of this code, including the following:

      1.   Sidewalks shall be shown typically in plan on paving plans.

      2.   Street rights of way shall be graded so that the slope between the right-of-way limits and the top of the curb shall not exceed ten percent (10%) and be not less than two percent (2%), and the sidewalk shall have a transverse slope of not to exceed two percent (2%).

      3.   All sidewalks shall be located within street rights of way. Placement within the street right of way will be at the sole discretion of the city engineer who shall take into consideration the factors of safety, adjacent sidewalk location, topography, and landscape. On curvilinear streets, the alignment shall generally parallel the curvature of the streets. The angle of deflection shall not exceed thirty degrees (30°). The minimum radius of a horizontal curvature shall be fifteen feet (15') measured along the center line of the sidewalk. The maximum grade of a sidewalk will not exceed ten percent (10%). Steps should be avoided wherever possible and may be installed only after obtaining the written approval of the city engineer.

   SIDEWALKS

 

1.   Levels Of Development:

Low    2 or less dwelling units per acre

Medium    2.1 to 4.5 dwelling units per acre

High    Over 4.5 dwelling units per acre

2.   Optional, but where provided 3 feet minimum on either side of road with concrete curbs.

(1986 Code)

Storm sewers and drainage shall be provided in accordance with the specifications contained in the ordinances and regulations relating thereto. (Prior Code, Chapter 16, as amended)

   A.   The subdivider of any subdivision designed to be used for residential, commercial, industrial or other purposes shall design, grade, drain, surface, and otherwise improve all streets that are designated on the approved plat or that directly serve the subdivision in accordance with the specifications of the city shall meet all standards depicted on the detail sheets for streets and roadways, and in accordance with the provisions in subsections B and C of this section.

   B.   The design of an improvement of an intersection of any new street with an existing state highway shall be in accordance with the specifications of the Oklahoma state department of transportation, but in no case shall the standard be less than the applicable specifications of the city.

   C.   The arrangement, character, extent, width, grade, and location of all streets 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 screening contained in a nonaccess 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 arterial and local traffic.

      3.   Local streets shall be laid out so that their use by arterial traffic shall be discouraged.

      4.   Where a subdivision borders on or contains a railroad right of way or limited access highway right of way, the planning commissioner 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 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 required of 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 resubdivisions, with provisions for adequate utility easement.

      8.   Street jogs with center line offsets of less than one hundred twenty five feet (125') shall be avoided.

      9.   Street right-of-way widths shall not be less than the following:

 

(Prior Code, Chapter 16, as amended)

      10.   The paved width of all streets shall be adequate to serve the existing and future estimated traffic load for the facility. Lane widths for all streets shall be as follows:

         a.   All major streets shall have lanes for traffic movement of twelve feet (12') in width.

         b.   All local streets shall have lanes for traffic movement of not less than twelve feet (12') or more than fourteen feet (14') in width and a lane for parallel parking of not less than eight feet (8') in width. Streets shall be developed in accordance with the general standards in the approved detail sheets.

         c.   Proposed plats containing lots of thirty five thousand (35,000) square feet or more may meet rural street standards as described in this code.

         d.   A cul-de-sac shall not exceed five hundred feet (500') in length, measured from the entrance to the center of the turnaround, and if more than one hundred fifty feet (150') in length shall be provided with a turnaround having a radius of not less than fifty feet (50') at the property line and not less than forty feet (40') at the curb line. (Ord. 1993-15, 9-2-1993)

      11.   Half streets shall be prohibited.

      12.   The arrangements of streets shall be such as to cause no hardship in the subdividing of adjacent properties. The planning commissioner may require the dedication of street rights of way to facilitate the development of adjoining properties.

      13.   No street names shall be used which shall duplicate or be confused with the names of existing streets. Street names shall be subject to the consideration of the planning commission and the approval of the city council.

      14.   Residential development adjacent to a major street designated on the adopted transportation plan shall comply with the following:

         a.   Only backing or siding residential lots shall be used adjacent to the above described highways unless a frontage road is provided for local access purposes. This shall not apply to any residential lots two (2) acres or more in size.

         b.   An opaque fence as approved by the planning commission, shall be installed by the developer at the right-of-way line behind or at the side of residential lots and shall be maintained by the developer for one year from the date of installation.

         c.   There shall be no openings for vehicular access onto the above described trafficways except at street intersections, bicycle path intersections, and at approved openings to commercial areas.

         d.   Subdivision streets shall not open onto a major street except at an average interval of not less than one-quarter mile measured from the center lines.

         e.   In any area where lots back onto a major street shown on the general plan or on the transportation plan or onto any section line road, no curb cuts, gates in fences, or openings of any other kind shall be made or permitted from such backing lots onto the trafficways at any time; provided, however that this shall not apply to public pedestrianways or bicycle paths.

      15.   Streets designed for local service only, such as cul-de-sacs and loop streets, shall be used to the maximum feasible extent in the subdivision.

      16.   Collector streets shall be used in the subdivision wherever traffic is being collected from local streets to provide access to a major street or community facility or as required by the planning commission.

      17.   Ingress and egress to multi-family areas having fifty (50) or more units shall be provided only on collector streets or frontage roads of appropriate design. (Prior Code, Chapter 16, as amended)

      18.   Commercial and industrial subdivisions shall provide access from each parcel to a major street by means of a street system designed for such use, but they shall not have access to residential streets in a manner that encourages or promotes the movement of foreign traffic through residential neighborhoods.

         a.   Vehicular entrances to commercially or industrially zoned or used areas shall be no closer to the intersection of adjacent streets and roads than one hundred feet (100') measured along the curb from the outside limits of the curb line extended to the closest edge of the drive.

         b.   Vehicular entrances to and exits from shopping centers shall be at least three hundred fifty feet (350') apart center line to center line on the same road; provided, however, that an entrance and an exit within twenty feet (20') of each other, at the property line, will be interpreted to be single point of access.

         c.   No entrance or exit from a regional shopping center or mall shall be within three hundred feet (300') of a street intersection of two (2) principal arterials or minor arterials and no closer than one hundred fifty feet (150') from any other street to street intersection. (Ord. 1993-13, 8-19-1993)

      19.   Acceleration/deceleration lanes shall be required on section line roads and other designated major streets as follows:

         a.   In platted or unplatted developments abutting a section line road or other major street that has not been widened to four (4) lanes, an acceleration/deceleration lane shall be constructed at the intersection of the section line road or other major street with any street providing access to the interior of the section.

         b.   In all commercial, industrial, institutional or multiple- family developments abutting a section line road or other major street, an acceleration/deceleration lane shall be provided at each driveway providing access to the development from the section line road or other major street.

         c.   The acceleration and deceleration lanes required herein shall be shown on subdivision plats submitted to the city for review and approval. Where no plat accompanies a development, plans for acceleration and deceleration lanes shall be submitted with street paving plans or, in the case of a project abutting a section line road or other major street in an unplatted area, application for a building permit.

         d.   Deceleration lanes shall be of a design approved by the city engineer to provide safe egress from the traffic flow of the major street and queuing for vehicles entering a development, but they shall be not less than seventy five feet (75') in length and twelve feet (12') in width.

         e.   Acceleration/deceleration lanes shall be constructed to a standard equal to or better than the following:

            (1)   Paving width of twelve feet (12').

            (2)   Six inches (6") of asphalt or portland cement concrete on a minimum base of six inches (6") of lime or fly ash base.

         f.   Where the developer is required by the city, or chooses to install an additional traffic lane on the developer's frontage to be constructed to city street standards, the city may waive the requirement for installation of an acceleration/deceleration lane if it can be shown that traffic safety principles will be met. (Ord. 1996-11, 6-20-1996)

   A.   Purpose: The purpose of this section is to provide guidance in the design of effective management of erosion and sedimentation and to protect water quality and the general health, safety, and welfare of the residents of the city.

   B.   General Requirements:

      1.   These regulations shall be applied to all subdivision improvements and to all building construction projects within the city limits.

      2.   Development activity shall not be conducted unless appropriate erosion and sedimentation facilities are designed, installed, and maintained throughout the life of the development.

      3.   All sediment control measures shall be indicated on the final construction or building permit plans. They shall be approved and enforced as a part of the city approval and enforcement process for the plans.

      4.   All new or existing earth slopes and earth areas subject to erosion, such as areas adjacent to trickle channels, inlet structures, and outlet structures, within any area designated for detention or drainage shall be slab sodded with Bermuda sod or have permanent established growth of vegetation. All vegetation areas shall be fertilized, watered, and in an established growing condition prior to completion or acceptance of any storm water drainage facility or development.

   C.   Design Considerations:

      1.   Combination Of Design Principles: Practical combinations of the following principles shall be utilized, as a minimum, in planning measures to be installed for any land disturbing activity:

         a.   The land disturbing activity shall conform to existing topography and soil type so as to create the lowest possible erosion potential.

         b.   The disturbed area and the duration of exposure of bare earth to erosive elements shall be kept to a minimum through construction scheduling and management.

         c.   Cut and fill operations should be kept to a minimum.

         d.   Disturbed Soil shall be stabilized. Initiate the installation of stabilization measures immediately in any disturbed area where construction activities have permanently ceased on any portion of the site or will be temporarily inactive for 14 or more calendar days on any portion of the site. (OPDES permit OKR10 for Stormwater Discharges).

         e.   Vegetative practices shall be applied as permanent erosion controls wherever possible.

         f.   Natural vegetation shall be retained, protected, and supplemented whenever feasible.

      2.   General Practice:

         a.   Soil and water conservation measures include, but are not necessarily restricted to, vegetation, sediment basins, dikes, grade stabilization structures, sediment traps, land grading, diversions, waterways or outlets, and riprap.

         b.   Temporary vegetation along with straw or wood chips shall be employed to protect exposed critical areas during development.

         c.   Required permanent vegetation and structural erosion control measures shall be installed prior to final acceptance of municipal improvements or issuance of a certificate of occupancy on a private construction project. (Prior Code, Chapter 16, as amended)

   D.   Erosion And Sediment Control Criteria:

      1.   Long-Term Controls: Long-term permanent seeding, sprigging, or planting which produces vegetative cover, including Bermuda grass, Kentucky 31 tall fescue, and weeping lovegrass, or a similar grass approved by the city engineer, shall be used for permanent control of erosion.

The subdivider shall install water lines and fire hydrants, and installation shall be in accordance with the specifications of the city of Harrah.

   A.   The standards for water line construction shall be shown on the city of Harrah standard detail sheet which shall be adopted by the city council.

   B.   Maximum separations between Fire Hydrants shall be Five Hundred Feet (500') unless otherwise specified by the 2003 International Fire Code. Regardless of separation at the end of each water line there shall be installed either a fire hydrant or a cap and blow-off.

   C.   All fire hydrants shall have no less than two (2) couplings with a 2.5 inch inside diameter and one coupling with a 4.5 inch inside diameter.

   D.   Fire hydrant couplings shall have the national fire thread. (Ord. 2001-1, 1-4-2001; amd. Ord. 2022-25, 11-1-2022)

   A.   It is the purpose of this section to eliminate or reduce the number of paving cuts in established streets for installation of utilities by requiring placement of sleeves under the street surface at the time of paving, or by requiring boring under the surface of existing streets.

      1.   In new subdivisions, or in street paving projects in existing developed areas, the following provisions shall be made for extension of utilities under the street paving:

         a.   Water line stubs shall be installed from an existing city water line to the opposite side of the street in a manner that will assure every planned and existing lot has direct access on its property to the water system. These stubs shall be dedicated to and maintained by the city as a part of the water distribution system.

         b.   Street paving plans shall reflect the need for all potential utilities that will be extended under the street surface. Said plans will provide for the installation of each utility during street construction, including sleeves for future installations, where it has been determined during city review of the paving plans that said installations will provide for utility extension without requiring removal of the pavement.

         c.   Where utility sleeves do not exist and it is necessary to extend utilities under a street surface, said extension shall be accomplished by boring unless the city council specifically authorizes the removal of paving. (Ord. 1997-12, 8-21-1997)

It is the purpose of this article to identify the methods which shall assure the city and the public that the required improvements shall be accomplished and to prohibit the issuance of a building permit for construction within a recorded, platted subdivision prior to the completion and city acceptance of all required off-site improvements within the subdivision. (Prior Code, Chapter 16, as amended)

All improvements shall be designed and installed in accordance with the elements of the comprehensive physical development plan and shall meet the minimum standards established by the ordinances and regulations relating thereto. (Prior Code, Chapter 16, as amended)

   A.   Plans shall be prepared by a qualified engineer, registered in the state.

   B.   Coincident with the submission of the final plat for consideration by the planning commission and prior to the installation and construction of the required improvements within any subdivision, plans and specifications therefor shall be prepared by a registered professional engineer and submitted to the city through the city engineer. The engineer shall, if warranted after the examination and inspection of the plans and specifications, submit to the planning commission and thereafter to the city council a report that, by the engineer's opinion, the plans and specifications comply with all current ordinances and standards applicable thereto. No installation or construction of any public utility or required improvement shall be commenced without approved plans and specifications from the city engineer.

   C.   Plans for the off-site improvements herein required shall be submitted for approval as follows:

      1.   Thirty (30) days prior to the submission of the final plat for consideration by the planning commission, two (2) sets of "check" prints of the plans and specifications for all proposed and required improvements shall be filed with the city through the city clerk.

      2.   Five (5) sets of plans and specifications for all required improvements shall be filed with the city through the city clerk for final approval concurrent with the submission of the request for consideration of the final plat by the planning commission.

   D.   City approval of improvement plans for any required improvement or any part thereof is null and void two (2) years from the date of approval unless the improvements are under construction and shall be completed within ninety (90) days. Plans for which approval has expired shall be resubmitted for review and current approval before any work is undertaken on the project and coincident with any consideration of the renewal of a corporate surety bond associated therewith; provided, however, this shall not preclude the city from instituting a legal action to recover under the corporate surety bond. (Prior Code, Chapter 16, as amended)

   A.   The accomplishment of the improvements required herein shall be assured by either one of two (2) methods, as follows in subsections B and C of this section.

   B.   Improvements may be accomplished by construction and tentative approval by the city on required improvements pending prior to the filing of the approved final plat. When a subdivider elects to install and construct any or all of the improvements required herein prior to the filing of a final plat approved by the city council, the procedure shall be as follows:

      1.   Coincident with the request for consideration for approval of the final plat by the city council, the subdivider shall submit a written plan and timetable to the planning commission indicating in specific detail the required improvements proposed for installing and constructing prior to the filing of the approved final plat.

      2.   The planning commission shall review the request and submit a written report to the city council noting specific problems if any.

      3.   Subsequent to the decision of the city council that the final plat is in order and that the program for accomplishing all required improvements is feasible and not contrary to the public interest, they may approve the installation and construction of any or all required improvements by the subdivider prior to the filing of the final plat and as a condition in approving the final plat.

      4.   In all cases where the city council approves a program of construction of required improvements prior to the filing of a final plat, the final plat, without benefit of required signatures of city officials, shall be held in escrow by the city. It shall not be released for any purpose until the approved program of construction is completed and all improvements are accepted by action of the city council. Subsequent to the acceptance of all required improvements included in the construction program and the accomplishment of all other commitments, if any, of the subdivider, the final plat shall be executed by the city and recorded at the county courthouse.

      5.   The procedure for approving and accepting required improvements installed and constructed under this method shall be the same as for any other required improvement.

      6.   An approved program of construction under this method shall be completed within a period of one year. One year from the date of approval, the approval of any construction program which has not been inaugurated shall become null and void. One year from the date of approval, the approval of any construction program which is still in process shall be reviewed by the city council and they shall take such action as deemed necessary.

      7.   Any approved program of construction may be amended, however, such amendment shall require approval of the city council.

      8.   There shall be filed with the city clerk a surety bond, for approval and acceptance by the city council to secure the actual construction of required improvements.

   C.   In lieu of the installation and construction of the improvements herein required, coincident with approval and prior to the filing of a final plat or acceptance by the city council of any public dedications within the subdivision, the subdivider may elect to submit an acceptable corporate surety bond to the city council for its approval or rejection.

      1.   The bond shall be executed to the city and be approved as to form and legality by the city attorney. The terms of the bond (hereafter referred to as a "subdivision bond") shall provide that it be conditioned that if the subdivider has not, within two (2) years from the date of city acceptance of the subdivision bond, completed the installation and construction of all required improvements within the subdivision, then and in such event, the city council may allow the renewal of the subdivision bond in those cases where adequate reasons exist and where no hardship or significant inconvenience shall accrue to the city, or, the subdivider or the surety shall be required to forthwith pay over to the city a sum not more than one hundred fifty percent (150%) of the current estimated cost for the installation and construction of all the required improvements not theretofore installed and constructed by the subdivider. No subdivider shall consummate any sale of any property within the subdivision by lot and block reference to the plat until such city action for renewal of the bond or the required off-site improvements have been first installed and constructed therein. Moreover, the subdivider posting the bond shall assume full responsibility for assuring the construction of required improvements, and any action of the city to secure compliance shall be against that original subdivider or the surety.

      2.   In lieu of depositing a corporate surety bond as provided in this section the subdivider may submit to the city council through the city clerk an amount of cash, a certificate of deposit, or any irrevocable letter of credit drawn on a banking institution qualified to do business in the state equal to the surety bond required. The terms of the cash surety shall provide that the cash surety be conditioned in precisely the same manner as the corporate surety bond required in this section; provided, however, that any such irrevocable letter of credit deposited must be effective for a period of ninety (90) days more than whatever period of time would be required for a corporate surety bond, cash or certificate of deposit. Any letter of credit shall be accompanied by an agreement certifying that in the event the account party fails to perform, the beneficiary is entitled to call the letter of credit. Additionally, the letter of credit shall state the tenure, automatic renewal period, and terms of inspection for completion.

      3.   In the event that the subdivider is the principal on any delinquent corporate surety bond, the obligations of which have not been fulfilled, the subdivider shall be required to provide as surety, cash, certificate of deposit, or an irrevocable letter of credit as described above, for any improvement not installed or constructed by the subdivider prior to the filing of the final plat.

      4.   It is the responsibility of the subdivider posting any form of surety bond, cash, certificate of deposit, or any irrevocable letter of credit to inform the city, through its city clerk when the obligations under the surety have been fulfilled and to request release from the times and conditions of the posted surety, the subdivider's obligation shall not be considered fulfilled until the city council has specifically released the subdividers from this obligation.

      5.   Any construction surety, regardless of form, shall be accompanied by a certified engineer's estimate, prepared by a registered, professional engineer licensed to practice in the state, certifying that the bond amount is sufficient to cover one hundred fifty percent (150%) of the cost of constructing the bonded improvement.

   D.   Either one or a combination of these two (2) methods shall be used to assure the construction of all required improvements associated with the approval of the city council. (Prior Code, Chapter 16, as amended)

   E.   No building permit shall be issued until all requirements of this section have been complied with and accepted by the city. (Ord. 2003-5, 4-17-2003)

   A.   At such time as the subdivider has completed the installation and construction of all public utilities and improvements herein required within the subdivision, then acceptance may be sought for all the improvements.

   B.   The procedure for consideration of acceptance of public improvements herein required shall be as follows:

      1.   The individual or legal entity responsible for causing a public improvement to be constructed shall make written request through the city clerk that the public improvements be accepted by the city.

      2.   One set of reproducible "as built" plans certified and signed by an engineer registered in the state and all required maintenance bonds shall be submitted to the city clerk in conjunction with the written request.

      3.   The project engineer shall submit a written statement indicating that the improvements have been constructed in accordance with the approved plans, that the "as built" plans are a true and accurate representation of the improvements, that the engineer is satisfied with the improvements and recommends acceptance by the city.

      4.   The city engineer shall submit a written report to the city manager indicating the following:

         a.   That the public improvements either have or have not been constructed in compliance with approved plans and specifications and all requirements of this code.

         b.   That the "as built" plans either provide or do not provide a true and accurate representation of the public improvements.

         c.   That all required maintenance bonds have been submitted and examined by the city attorney and either are or are not in order.

   C.   Upon the city manager's receipt of the written report from the city engineer, the report shall be submitted to the city council for their acceptance of the improvements and required maintenance bonds, and where applicable, their release of the surety from liability under the subdivision bond where the provisions of the bond have been fully performed.

   A.   The city engineer is hereby authorized and required to provide inspection on all new construction of water mains, sanitary sewer mains, paving and street improvements, storm sewers, or other public improvements or works which are to be dedicated and accepted by the city for maintenance and control by any person, firm, or corporation, hereinafter referred to as developer.

   B.   The city engineer shall require that all the construction shall comply with all applicable building and construction codes and other ordinances of the city and all state and federal laws. The city engineer shall immediately notify the city council of any violations of these laws which the developer has refused or neglected to correct after due notice by the city engineer. The city shall be responsible for the enforcement of these laws and ordinances when the violations are found to exist and have not been, after reasonable notice, corrected. (Prior Code, Chapter 16, as amended)

   C.   All developers shall pay all inspection fees to the city clerk prior to the commencement of any construction on which the city shall furnish inspection on public improvements to be dedicated to and accepted by the city, in accordance with the fee schedule adopted by the Harrah city council and on file with the city clerk. (Ord. 2001-08, 7-19-2001)

   D.   The developer shall furnish, to the city clerk, executed copies of all construction contracts evidencing the cost of each project. The city clerk shall compute and collect the fee in accordance with the fee schedule for each improvement. Where more than one public improvement is being constructed by the developer, the fee shall be computed separately for each improvement. (Prior Code, Chapter 16, as amended)

   E.   Upon receipt of the fee, the city clerk shall notify the city engineer and city inspector to provide inspection of the public improvements on behalf of the city. (Ord. 2001-08, 7-19-2001)

   A.   As used in this section, the following words and phrases shall have the meanings herein ascribed to them:

 

 

   B.   Fence permit requirements and regulations are as follows:

      1.   It shall be unlawful for any person to construct, erect, install, or locate any fence within the city prior to completion of an application for a fence permit. Such application is available at city hall and shall contain or have attached the following information:

         a.   The name and address of the applicant.

         b.   The location of the lot upon which the fence is to be constructed or installed.

         c.   The name of the person erecting the fence.

         d.   A plot plan showing all easements, buildings and the fence location on the property.

         e.   Such other information as required to show full compliance with this section and all other ordinances of the city.

      2.   No fence permit shall be issued unless the applicant is a fence contractor duly licensed and bonded under the provision of this section; provided, however, that a permit may be issued to an individual property owner, not so licensed and bonded, for the erection of a fence on his own premises for his own private use.

      3.   The fee for a permit under this section shall be set by city council. The fee shall be paid to the city clerk prior to issuance of the permit.

      4.   It shall be the duty of the building inspector or a city official to issue a permit applied for under this section, if he or she finds the application in order and in compliance with all provisions of this section and other ordinances, and if the fee prescribed by this division has been paid.

      5.   The building inspector shall inspect, at such times as he or she deems necessary, each fence regulated by this section.

      6.   The building inspector may revoke any permit issued that fails to comply with any provision of this section or other applicable city ordinance. Upon such revocation, all work authorized by the permit shall cease.

      7.   No person shall continue with the construction of a fence after being served with a stop work order by the building inspector of the city or his designee except such work as that person to remove a violation or unsafe condition.

      8.   If the work authorized by a permit issued under this section is not completed within six (6) months after the date of issuance, the permit shall expire and become null and void.

      9.   No person shall erect any fence of any size, kind or type on or across any property or easement belonging to the city, except as noted in subsection D1 of this section.

      10.   Any person, firm, or corporation or other legal entity which shall violate any of the provisions of this section or fails to comply therewith, or with any of the requirements thereof, shall be deemed guilty of an offense punishable as provided in section 1-108 of this code.

      11.   Fencing requirements in nonresidential districts must comply with all regulations specified and applicable to that district. All A-1 parcels in excess of five (5) acres are exempt from the requirements of this section. Conditional uses or variance request shall follow the procedure outline in section 12-207 of this part.

   C.   Fence contractor’s license requirements are as follows:

      1.   No person shall engage in the business of installing, repairing or altering fences within the city, unless he has a current fence contractor’s license issued in accord with this section. Employees of a duly licensed fence contractor shall not be required to obtain such license in order to engage in the work of installing, constructing, erecting, repairing or servicing fences in the regular course of such employment.

      2.   No fence contractor’s license shall be issued or renewed until the applicant therefor shall have deposited with the city clerk a surety bond in the sum of one thousand dollars ($1,000.00), to be known as the fence contractor’s bond. Such bond shall be executed by the fence contractor, and the surety thereon shall be a corporate surety company authorized to do business in this state. The bond shall be payable to the city and, as a condition, shall state that the fence contractor shall faithfully and properly conduct his business in compliance with all the ordinances of the city relating to fences and fence contractors, shall pay all fines and penalties imposed for the violation of such ordinances, and shall protect and indemnify the city against all damages resulting directly or indirectly from any injury of persons or property on account of the negligence or unskilled work of the fence contractor or his employees. No person shall engage in the business of fence contracting unless a bond, as provided in this section, is on file with the city clerk and in full force.

      3.   The fee for a fence contractor’s license shall be set by the city council and shall be paid prior to issuance of the license by the city clerk.

      4.   An applicant for a license under this ordinance, upon the filing of the bond and payment of the fee prescribed by this ordinance, shall receive a contractor’s license.

      5.   It shall be unlawful for any person holding a fence contractor’s license to transfer same or allow the use of same, directly or indirectly, by any other person for the purpose of obtaining a permit to do fence work under this section.

      6.   A license issued under this division shall expire on June 30 following the date of issuance. Any person who holds a license in his name may renew the license, upon payment of the fee prescribed earlier in this section, within thirty (30) days after the expiration thereon.

   D.   Fence placement and design issues are as follows:

      1.   Right Of Way: No fence, wall or screening shall be permitted in the street right of way.

      2.   General District Regulations: Fences, walls or hedges in agricultural, suburban, medium and high density residential, commercial and industrial districts may be erected, subject to necessary sight triangle requirements, as follows:

         a.   Yard Or Setback Areas: May be erected in any required yard or along all property lines.

         b.   Height: Except as provided in this section, no fence shall exceed seven feet (7') in height.

         c.   Prohibited Materials: See subsection E of this section.

      3.   Single-Family And Low Density Residential Regulations: Fences, walls or hedges may be erected in R-1A, R-1B and R-2A residential districts subject to the following:

         a.   Yard Or Setback Areas: May be erected in any required yard, or along all property lines, subject to height and material standards below.

         b.   Height: No fence shall exceed seven feet (7') in height, provided that single-family residences in these districts shall have the following front yard restriction: A front yard fence, or any part of a side yard fence located in front of the front facade of the main dwelling, shall not exceed forty two inches (42") in height. The setback of the dwelling facade immediately adjacent to each side yard shall determine the application of this standard.

         c.   Permitted And Restricted Materials: Fences permitted in the front yard of single-family residences shall be of a see through construction, such as pickets, rays, or wrought iron. Barbed wire, chainlink, stockade, or opaque fences shall not be permitted.

         d.   Standards For Other Permitted Uses: Permitted uses in these districts that are not one- or two-family residential shall be subject to the general district regulations in subsection D2b of this section.

      4.   Property Owner To Maintain: All fences shall be maintained by the property owner to ensure continuation as an effective barrier for visibility, noise, and blowing debris.

      5.   Height In Required Setbacks: Except as provided in this section, fences in required setbacks shall not exceed seven feet (7') in height.

      6.   Compatible Materials And Design: All materials utilized in the construction of fences shall be compatible with materials used in the immediate and surrounding neighborhood or district. Additionally, the design of all fences shall not disrupt or degrade the value or character of any property within such neighborhood or district within the city.

      7.   Homeowners’ Associations: This section shall not be interpreted as in any way interfering with the rights of adjacent landowners, homeowners’ associations, or other private parties from enforcing restrictive covenants, or other rights they may have which may be involved in such situations.

   E.   Safety issues and other concerns are as follows:

      1.   All fences constructed within the city shall be designed and constructed in a manner as to pose no threat to the safety or welfare of any citizen. No portion of any fence shall impede or restrict vehicular movement or sightlines from such vehicle or vehicles. (See subsection 12-424E of this article and “Horizontal Sight Distances” diagram 1 .)

      2.   All chainlink fence installations shall be required to have top railing installed for support purposes and all projecting barbs shall be positioned in a manner as to pose no threat of bodily harm;

      3.   No electrified fence or wall containing broken glass, barbed wire or other substances reasonably calculated to do bodily harm, shall be permitted, except as hereinafter provided:

         a.   A barbed wire fence shall be permitted in any zoning district for the purpose of restraining such livestock as may be legally located on the premises under this code. The barbed wire fences shall be removed immediately upon discontinuance of keeping of livestock on the premises. Commercial businesses, for security reasons, may have barbed wire at the top of fencing if they do not abut a residential district.

         b.   The city and public utilities operating under a franchise with the city shall be permitted to install security fences containing barbed wire in any area owned or controlled by the city or public utility where such protection is deemed necessary for the protection of persons or property.

         c.   Low voltage electric fences shall be permissible within the city provided that a secured, nonelectric fence is installed external to the outer boundaries of the electrified fence.

   F.   Conditional uses and variances for fence construction are as follows:

      1.   In considering approval or denial of a proposed fence as a conditional use, the following standards shall be used:

         a.   The amount of street frontage of the property for which the conditional use is requested.

         b.   The location of uses and types of uses on surrounding properties.

         c.   The effect of the proposed fence on traffic movement and safety.

         d.   The effect of the proposed fence on the surrounding properties’ right to open space, visibility, light and air.

         e.   The effect of the proposed fence on the city’s ability to provide police and fire protection in the area.

         f.   The extent to which the surrounding properties have been developed and the impact of the proposed fence on future development of surrounding property.

         g.   The effect of the proposed fence on the market value of surrounding property.

      2.   The planning commission has the authority to grant variances for fence construction standards when the literal enforcement of such standards results in an unnecessary hardship upon an individual or property owner. This procedure is described in detail in section 12-125 of this part.

      3.   Any person, firm or corporation seeking such conditional use shall make application to the planning commission as outlined in section 12-207 of this part. (Ord. 1994-22, 9-15-1994; amd. Ord. 1996-14, 11-21-1996; Ord. 2006-13, 12-7-2006; Ord. 2021-22, 12-6-2021)

   A.   Gated Communities Defined: For purposes of this section, "gated communities" shall include all housing developments, apartment and townhouse complexes, and all other residential communities which have limited access electronic gates for ingress into and egress from the community.

   B.   City Approval Required: Gated communities must be approved by the city council during the land subdivision or building permit review processes. Only developments with city approved private roads or drives shall be permitted. No public street may be gated.

   C.   Single Opening Gate Requirements:

      1.   Width: Minimum clear width of twenty two feet (22') from curb face to curb face for one-way or two-way traffic.

      2.   Vehicle Turnarounds: Drives shall be arranged to provide the ability for a vehicle to turn around without backing into the street.

      3.   Gate Setback: Minimum of sixty feet (60') from curb line or end of abutting street.

   D.   Dual Opening Gate Requirements:

      1.   Width: Minimum clear width of fourteen feet (14') per lane from curb face to curb face on both sides of a median.

      2.   Obstruction Setback: Minimum forty five feet (45') from curb line to first obstruction.

      3.   Gate Setback: Minimum of sixty feet (60') from curb line or end of abutting street.

      4.   Vehicle Turnarounds: Drives shall be arranged to provide the ability for a vehicle to turn around without backing into the street.

   E.   Requirements Of Emergency Rapid Access Devices For Gated Communities:

      1.   Definition: For purposes of this section, "emergency rapid access devices" include rapid access key boxes, switch control devices, security padlocks, and the locks and keys used in such devices, which shall be UL certified and approved by the city manager or his designee.

      2.   Installation: All gated communities shall install rapid access key boxes or switch-control devices at the primary gated entrance on the gate control panel that are readily visible and accessible. All secondary gated entrances/exits shall have key boxes, switch-control devices, or security padlocks. The city of Harrah hereby specifies standard installation of KNOX hardware to meet this requirement.

      3.   Open Position: All gates will remain in the OPEN position (unassisted) until gate device is reset.

      4.   Battery Backup: Automatic gates shall have a battery backup.

      5.   Automatic Release: In the event of a power failure, the gear or locking mechanism shall release, allowing the gate to be opened manually.

   F.   Time For Compliance: All existing gated communities shall have six (6) months from the date this section becomes effective to comply with this section prior to occupancy. All new gated communities shall comply with this section at the time of installation of the gates; and no occupancy shall be permitted in the community until compliance has been certified by the fire chief of the city.

   G.   Responsible Person/Entity: For existing gated communities, the person/entity responsible for compliance with this section shall be the person/entity responsible for maintenance of the gated access. For new gated communities, the person/entity responsible for compliance with this section shall be the developer or builder of the gated community. (Ord. 2001-07, 5-17-2001)

   A.   Gated Properties Defined: For purposes of this section, "Gated Properties" shall include agricultural and residential properties under single ownership; and commercial, institutional, and industrial properties under multiple or single ownership which have limited access electronic gates for ingress into and egress from the property.

   B.   Applicability: Only properties with city approved private roads or drives shall be permitted. No public street may be gated.

   C.   Requirements Of Emergency Rapid Access For Commercial, Institutional, And Industrial Properties: Commercial, institutional, and industrial properties shall be subject to the standards established in section 12-442 of this article.

   D.   Requirements Of Emergency Rapid Access Devices For Gated Agricultural And Residential Properties Under Single Ownership:

      1.   Definition: For purposes of this section, "emergency rapid access devices" include rapid access key boxes, switch-control devices, security padlocks, and the locks and keys used in such devices, which shall be UL certified and approved by the city manager or his designee.

      2.   Installation Of Key Boxes And Switch-Control Devices: All owners of electronically gated properties shall install rapid access key boxes or switch-control devices at the primary gated entrance on the gate control panel that are readily visible and accessible. All secondary gated entrances/exits shall have key boxes, switch-control devices, or security padlocks. The city of Harrah hereby specifies standard installation of KNOX hardware to meet this requirement.

      3.   Open Position: All gates will remain in the OPEN position (unassisted) until gate device is reset.

      4.   Battery Backup: Automatic gates shall have a battery backup.

      5.   Automatic Release: In the event of a power failure, the gear or locking mechanism shall release, allowing the gate to be opened manually.

   E.   Time For Compliance: All existing gated properties shall have six (6) months from the date this section becomes effective to comply with this section prior to occupancy.

   F.   Responsible Person/Entity: For existing gated properties, the person/entity responsible for compliance with this section shall be the person/entity responsible for maintenance of the gated access. For new gated properties, the person/entity responsible for compliance with this section shall be the property owner. (Ord. 2001-10, 9-6-2001)

   A.   Intent: The intent of this article is to provide for an alternative housing source in residential areas designated in the zoning district regulations by permitting the use of certain manufactured homes as defined herein, subject to the requirements set forth herein to assure acceptable similarity in exterior appearance between such manufactured homes and dwellings that have been or may be constructed as site-built homes under these and other lawful regulations on adjacent or coterminous lots.

   B.   Definitions: For the purpose of this code, certain terms and words are to be used and interpreted as defined hereinafter:

    MANUFACTURED HOME: A dwelling unit constructed to be towed on its own chassis and capable of connection to utilities for year-round occupancy fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site as a permanent structure with transport features removed, bearing a seal certifying that it is built in compliance with the federal manufactured housing construction and safety standards code.

   MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS: The standard for the construction, design, and performance of a manufactured home as mandated in the United States of America and as administered by the United States department of housing and urban development.

   C.   Standards And Permitted Placement Of Manufactured Housing: The establishment, location, and use of manufactured homes as scattered site residences shall be specifically listed as permitted uses in certain zoning districts subject to requirements and limitations applying generally to such residential use in the district and provided such homes shall meet the following requirements and limitations:

      1.   The home shall meet the federal "manufactured home construction and safety standards" as defined in this section.

      2.   The home shall meet all requirements applicable to single- family dwellings and possess all necessary improvements, location, building and occupancy permits and other certifications required by the ordinances of the city.

      3.   The home shall have a living area of not less than ninety percent (90%) of the average square footage of the conventional homes in the district within a five hundred foot (500') distance, measured from the property lines, and all property owners within the five hundred feet (500') of the proposed home shall be given notice of the hearing.

      4.   The home shall be of the type that has two (2) components placed side by side to form one unit, commonly referred to as a "double wide".

      5.   The home shall have the wheels, axles, springs and towing tongues removed.

      6.   The home shall be attached and anchored to a permanent foundation in conformance with the regulations in the foundation code and with manufacturer's installation specifications for both lift and shear loads.

      7.   The home shall have a roof composed of a material customarily used on site-built residential dwellings, such as fiberglass, asphalt or tile, which shall be installed on a pitched roof.

      8.   The home shall be covered with an exterior material compatible with existing homes in the neighborhood. When construction is finished, the home shall conform to surrounding homes and appear to have been "on-site" constructed.

      9.   The home shall not be in conflict with existing plat restrictions and other private covenants.

   D.   City Approval Of Alterations: Due to its integral design, any structural alterations or modification of a manufactured home after it is placed on the site must be approved by the city. All structural additions must comply with the standard building codes of the city.

   E.   Applications For Placement: All applications for placement of a manufactured home on a lot must be submitted in writing to the planning commission for a public hearing in conformance with the uses permitted on review regulations of the zoning ordinance.

   F.   Permits And Utilities:

      1.   After conditional use approval of the manufactured housing application, the applicant shall submit all plans and specifications to the building inspector for a city building permit prior to the location, relocation, or establishment of any manufactured home. In the case of an addition being constructed onto the manufactured home, the building inspector is authorized to issue such permit if he determines that the addition is in compliance with this regulation and all other applicable municipal codes.

      2.   All manufactured homes shall have an approved water supply, sewage disposal system, and other utility connections, including, but not necessarily limited to, gas and electrical service.

   G.   Violations And Penalties:

      1.   Each day of noncompliance with the provisions of this section constitutes a separate and distinct ordinance violation.

      2.   A structure, constructed on property in violation of this chapter, shall be subject to removal from such property by the city. If action is required to bring compliance, the expenses incurred as a result thereof may be reduced to a lien against the property on which the violation took place.

      3.   The city is authorized to initiate a suit in the appropriate court for injunctive relief to cause such a violation to be prevented, abated, or removed. Removal for violation is subject to the notice and hearing requirements of the zoning code. (Ord. 1994-9, 4-7-1994)

   A.   All mobile home parks shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water; drainage shall not endanger any water supply.

   B.   A mobile home park, or any part thereof, shall not be located within the limits of any flood plain delineated either by the "flood of record" or the "one-hundred (100) year flood" whichever be the greater. Provided, however, that a mobile home park may be located in a flood plain if the elevation of all access drives, parking areas, sidewalks and mobile home spaces are raised by fill to a point one foot (1') above flood elevation as certified by a qualified engineer registered in the state.

   C.   All improvements shall be designed and installed in a manner such that they either meet or exceed the minimum standards established by the regulations set forth in this chapter.

   D.   Plans for all improvements required by this chapter shall be prepared by a qualified engineer registered in the state or the engineer appointed by the city.

   E.   Mobile home spaces shall not be rented or occupied by a mobile home prior to the installation of all required improvements and the approval thereof by the building inspector. (Prior Code, Chapter 16, as amended)

   A.   Every mobile home located in a mobile home park shall meet the provisions of the housing code of the city as contained in the latest edition of the city's housing and building code except as otherwise provided in this section.

   B.   Every mobile home shall contain the following minimum gross floor area of habitable space:

      1.   One hundred fifty (150) square feet for one or two (2) occupants.

      2.   One hundred (100) additional square feet for third occupant.

      3.   Seventy five (75) square feet additional for each additional occupant thereafter.

   C.   Habitable space in a mobile home shall have a minimum ceiling height of seven feet (7') over fifty percent (50%) of the floor area; and the floor area where the ceiling height is less than five feet (5') shall not be considered in computing minimum gross floor area.

   D.   A mobile home shall have a safe and unobstructed primary exit and an emergency exit located remote from the primary exit.

   E.   Rooms occupied for sleeping purposes must contain at least sixty (60) square feet of floor space if used by more than one person, and at least forty (40) square feet if used by one person.

   F.   Mobile homes shall be required to have a flush toilet and a bath or a shower. (Prior Code, Chapter 16, as amended)

Each mobile home shall be identified while in a park space by some clear, legible and orderly external method of identification or numbering system. (Prior Code, Chapter 16, as amended)

All land areas which are not covered by an impervious surface shall be landscaped and maintained with appropriate vegetation. (Prior Code, Chapter 16, as amended)

   A.   Mobile home parks shall be kept free of litter, rubbish and other flammable materials.

   B.   Fires shall be made only in stoves.

   C.   The regulations for barbecue pits, fireplaces, stoves, etc., shall be as follows:

      1.   Cooking shelters, barbecue pits, fireplaces and wood burning stoves shall be so located, constructed, maintained and used to minimize fire hazards and smoke nuisance both on the property on which used and on neighboring property.

      2.   No open fire shall be left unattended.

      3.   No fuel shall be used and no material burned which emits dense smoke or objectionable odors. (Prior Code, Chapter 16, as amended)

   A.   The minimum area of any park shall be three (3) acres. However, parks in existence on the effective date of these regulations may continue to operate with less than three (3) acres, but if the park is to be expanded it must at that time have a minimum area of three (3) acres.

   B.   The maximum area of any park shall be ten (10) acres.

   C.   Intensity of use shall be as follows:

      1.   Intensity of development shall be limited to no more than eight (8) mobile homes per gross acre for a mobile home park.

      2.   Area used for sewerage treatment facilities and area included in streets dedicated to the public shall not be included in density computation.

      3.   Each mobile home space shall have a minimum of three thousand five hundred (3,500) square feet.

      4.   Area included in parks, access drive rights of way and other community facilities shall not be included as a part of the required area of a mobile home space.

   D.   Streets and access drives shall conform as follows:

      1.   The right-of-way width of all streets adjacent to a mobile home park and dedicated to the public shall be in compliance with the standards and regulations adopted by the city.

      2.   The right-of-way width of all streets in the interior of a mobile home park that are either dedicated to the public or are proposed to be dedicated to the public shall be in compliance with the standards and regulations adopted by the city.

      3.   All the streets within and adjacent to a mobile home park which are located in a right of way dedicated to the public shall be improved in accordance with the adopted standards and specifications of the city.

      4.   Where the size of a mobile home park is of such a magnitude that collector streets are deemed desirable and appropriate, the city may require the developer to plat and dedicate such collector streets to the city. The determination of need, desirability and appropriateness in requiring the platting and dedication of collector streets within mobile home parks be made by the planning commission of the city, with final approval by the city council.

      5.   All mobile home spaces shall abut an access drive having unobstructed access to a public street or highway.

      6.   Access drive surface widths shall be constructed in accordance with the following schedule:

 

      7.   The right-of-way limits of an access drive shall not be less than six feet (6') beyond the outer limits of a cross section of the driving surface and surface drainage facility of the adjacent roadway.

      8.   All access drives, parking spaces and access ways to parking spaces shall be constructed with adequate grade to accommodate the runoff of surface water with no problem of residual ponding of water; street grades shall not exceed ten percent (10%).

      9.   All access drives, parking spaces and access ways to parking spaces shall be improved with a two inch (2") dust-free surface impervious to water.

      10.   All access drives which connect with public streets be constructed in accordance with "Standard Design of Driveway Entrances for Oklahoma Highways", as amended, prepared by the Oklahoma state transportation department.

      11.   It is unlawful to provide ingress or egress to any mobile home spaces from a public street located adjacent to the perimeter of a mobile home park.

      12.   There shall be two (2) methods of ingress/egress provided for each park.

   E.   Parking spaces shall be defined as follows:

      1.   In new mobile home parks at least two (2) clearly defined parking spaces shall be provided for each mobile home space either on or adjacent to the mobile home space.

      2.   For new mobile home parks a "parking space" shall be defined as a rectangular plot having dimensions of not less than nine feet by twenty feet (9' x 20') plus adequate area for ingress and egress.

   F.   Sealed surface walkways not less than three feet (3') in width shall be provided either along the rear of mobile home spaces or adjacent to accessways in such a manner that a continuous interconnected system providing direct access to all mobile home spaces and accessory uses in the mobile home park is available to the occupants of the mobile home park.

   G.   Mobile home spaces shall be defined as follows:

      1.   Each mobile home space shall have a minimum of not less than three thousand five hundred (3,500) square feet exclusive of park land, access drive right of way and any other area which is a part of a community facility.

      2.   Every mobile home space shall be clearly defined.

      3.   The minimum mobile home space width, measured parallel to the abutting street or access drive, at the front yard setback line shall be thirty five feet (35'). All mobile home spaces shall abut a street or an access drive, for a distance of not less than twenty five feet (25').

   H.   Setbacks for mobile home shall be as follows:

      1.   No mobile home shall be parked less than ten feet (10') from any property line of a mobile home park.

      2.   It is unlawful to locate a mobile home less than twenty five feet (25') from any public street or highway right of way, or so that any part of such mobile home will obstruct any roadway or walkway of such park.

      3.   The following minimum yard setbacks shall be provided for each mobile home:

         a.   Mobile homes and all other structures shall be located not less than forty five feet (45') from the center line of an access drive(s).

         b.   Mobile homes shall be located not less than five feet (5') from interior mobile home space lines.

         c.   Mobile homes shall be located not less than fifteen feet (15') from the rear mobile home space line.

         d.   An accessory building shall be located not less than three feet (3') from any interior or rear mobile home space line.

   I.   Permanent fencing across or around front yards shall be disallowed.

   J.   Mobile home and accessory structures shall not cover more than thirty five percent (35%) of a mobile home space.

   K.   Pads and tie downs shall be as follows:

      1.   New mobile home parks must provide each mobile home space with a concrete pad or a series of concrete footings which conform to the recommendations set forth by the defense civil preparedness agency, U.S. department of defense, prior to the placement of any mobile home upon a park space.

      2.   All mobile homes within a new mobile home park shall be placed upon the pad or footings provided and piers which conform to the recommendations set forth by defense civil preparedness agency, U.S. department of defense.

      3.   All mobile homes in a new mobile home park must be provided with a system of tie downs which conform to the recommendations of the defense civil preparedness agency, U.S. department of defense, within seventy two (72) hours of the time of arrival of the mobile home in the mobile home park.

      4.   Whenever practical, mobile home pads or footings should be so oriented as to minimize the exterior area of mobile homes exposed to prevailing storm winds.

   L.   Screening provisions are as follows:

      1.   All mobile home parks shall provide suitable screening, as determined by the planning commission of the city, and approved by the city council, where abutting single-family residential areas.

      2.   Suitable screening or buffer zones, in amounts and of a type deemed appropriate by the planning commission of the city and approved by the city council, may be required where mobile home parks abut residential areas other than single-family, commercial areas, and industrial areas.

   M.   Fire protection capability shall be as follows:

      1.   The water distribution system of a mobile home park shall include the components necessary to provide fire protection equivalent to that which is required in other residential areas in the city.

      2.   In the absence of requirements concerning fire protection capacity in the city, the following requirements shall govern:

         a.   Fire hydrants shall exist or be installed in such a manner that each and every mobile home space and community building is located within three hundred fifty feet (350') of a fire hydrant, measured along the shortest available route to be used by a fire truck laying hose.

         b.   Each and every fire hydrant included as a part of the fire protection system of the mobile home park shall be capable of supporting two (2) 11/2-inch hose streams delivering at least seventy five (75) gallons of water per minute at a flowing pressure of at least thirty (30) pounds per square inch with the hose nozzles located four feet (4') above the ground at any location within the mobile home park, and further provided that such fire protection system shall be capable of maintaining this minimum specified volume of water and minimum pressure of a continuous duration of not less than two (2) hours.

   N.   Water supply requirements are as follows:

      1.   An accessible, adequate, safe and potable water supply of water shall be provided in each mobile home park.

      2.   Where a public supply of water of satisfactory quantity, quality and pressure is available within three hundred feet (300'), connection shall be made thereto and its supply used exclusively.

      3.   When a satisfactory public water system is not available, a private water supply system may be developed and used as approved by the state health department.

      4.   The water supply shall be capable of supplying a minimum of two hundred fifty (250) gallons per day per mobile home space and shall be designed and constructed in accordance with this subsection N.

      5.   Every well or suction line of the water supply system shall be so located and constructed in such a manner that neither underground nor surface contamination will reach the water supply from any source.

      6.   The following minimum distances between wells and various sources of contamination is required:

 

      7.   No well casings, pumping machinery or suction pipes shall be placed in any pit, room or space extending below ground level nor in any room or space aboveground which is walled in or otherwise enclosed, unless such rooms, whether above or below ground, have free drainage by gravity to the surface of the ground.

      8.   The treatment of a private water supply shall be in accordance with the applicable laws and regulations as approved by the state health department.

      9.   All water storage reservoirs shall be covered, watertight and constructed of impervious material. Overflows and vents of such reservoirs shall be effectively screened. Manholes shall be constructed with overlapping covers to prevent the entrance of contaminated material. Reservoir overflow pipes shall discharge through an acceptable air gap.

      10.   The water distribution system shall be designed and constructed in accordance with the following:

         a.   The water supply system of the mobile home park shall be connected by pipes to all mobile homes, buildings and other facilities requiring water.

         b.   All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and local regulations and requirements and shall be of a type and in locations approved by the state health department.

         c.   The water piping system shall not be connected with nonpotable or questionable water supplies and shall be protected against the hazards of backflow or back siphonage.

         d.   The system shall be so designed and maintained to provide a pressure of not less than twenty (20) pounds per square inch, under normal operating conditions at service buildings and other locations requiring potable water supply.

      11.   Individual water-riser connections shall be designed and constructed in accordance with the following:

         a.   Individual water-riser pipes shall be located within the confined area of the mobile home stand at a point where the water connection will approximate a vertical position.

         b.   Water-riser pipes shall extend at least four inches (4") above ground elevation. The pipe shall be at least three-fourths inch (3/4"). The water outlet shall be capped when a mobile home does not occupy the lot.

         c.   Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes and to protect risers from heaving and thawing actions of ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipe.

         d.   A shut-off valve below the frost line shall be provided near the water-riser pipe on each mobile home space.

         e.   Underground stop and waste valves shall not be installed on any water service.

   O.   An adequate and safe sewage system shall be provided in all mobile homes for conveying and disposing of all sewage. Such system shall be designed, constructed and maintained in accordance with the requirements of the state health department:

      1.   In the event that a public sewer system either is or becomes reasonably accessible as determined by the planning commission and the city council, the sanitary sewer system shall be connected to the public sewer system.

      2.   All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall be separated from the park water supply system at a safe distance. Sewers shall be at a grade which will ensure a velocity of two feet (2') per second when flowing full. All sewer lines shall be constructed of materials approved by the state health department, shall be adequately vented, and shall have watertight joints.

      3.   Individual sewer connections shall be designed and constructed in accordance with the following:

         a.   Each mobile home stand will be provided with a four inch (4") diameter sewer-riser pipe. The sewer-riser pipe shall be so located on each stand that the sewer connection to the mobile home drain outlet will approximate a vertical position.

         b.   The sewer connection shall have a nominal inside diameter of at least three inches (3"), and the slope of any portion thereof shall be at least one-fourth inch (1/4") per foot. The sewer connector shall consist of one pipeline only without any branch fittings.

         c.   All materials used for sewer connections shall be semirigid, corrosive resistant, nonabsorbent and durable. The inner surface shall be smooth.

         d.   Provision shall be made for plugging the sewer-riser pipe when a mobile home does not occupy the space. Surface drainage shall be diverted away from the riser. The run of the riser pipe shall extend at least four inches (4") above ground elevation.

         e.   Where the sewer lines of the mobile home park are not connected to a public sewer, all proposed sewage disposal facilities shall be approved by the state health department prior to construction. Effluents from sewage treatment facilities shall not be discharged into any waters of the state except with prior approval of the state health department.

   P.   All connections and distribution elements shall conform to the standards and requirements as published in the national electrical code (NEC), as well as the city's building and housing code latest edition, as officially adopted by the city.

   Q.   All fuel supply and storage shall be governed by those requirements as published in the latest edition of the BOCA code, or as it may be amended:

      1.   A natural gas system shall be in conformance with the following:

         a.   Natural gas piping systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.

         b.   Each mobile home lot provided with piped gas shall have an approved manual shut-off valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use.

      2.   A liquefied petroleum gas (LPG) system shall be in conformance with the following:

         a.   Liquefied petroleum gas systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.

         b.   Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.

         c.   Systems shall have at least one accessible means for shutting off gas. Such means shall be located outside the mobile home and shall be maintained in effective operating condition.

         d.   All LPG piping outside of the mobile homes shall be well supported and protected against mechanical injury. Undiluted liquefied petroleum gas in liquid form shall not be in conveyed through piping equipment and systems in mobile homes.

         e.   Liquefied petroleum gas containers installed on a mobile home lot shall be securely but not permanently fastened to prevent accidental overturning. Such containers shall not be more than two thousand (2,000) gallons.

         f.   No liquefied petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home, or any other structure, unless such installations are approved by the health authority.

      3.   All mobile homes shall have fifteen (15) pounds per square inch test on all gas lines within the mobile home prior to LPG or natural gas service.

   R.   Recreation and service areas shall be as follows:

      1.   Each mobile home park shall provide a minimum of five percent (5%) of the gross land area within the park for permanent community recreation or service area(s); provided, however, that in no case shall such area be less than one-half (1/2) acre.

      2.   Permanent community recreation or service areas should be centrally located and upon a site suitable for both active and passive recreational activities.

      3.   Improvements may include a service structure, however, in no case shall such a structure be used for commercial activities other than the operation of coin-operated machines and appliances to serve park residents. (Prior Code, Chapter 16, as amended)

   A.   Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the state health department.

   B.   Parks shall be maintained free of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests.

   C.   Storage areas shall be so maintained as to prevent harborage; lumber, pipe and other building materials shall be stored at least one foot (1') above the ground.

   D.   Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials.

   E.   The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description. (Prior Code, Chapter 16, as amended)

   A.   These regulations shall be enforced by a building official appointed by or designated by the city. Such building official may, by appropriate arrangement, be a member of the state health department.

   B.   The building official or the city may cooperate with or otherwise obtain the assistance of the state health department for the purpose of enforcing these regulations provided, however, that these regulations shall not be construed as limiting the responsibilities and duties of the state health department in any manner. (Prior Code, Chapter 16, as amended)

   A.   The building official is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with these regulations.

   B.   The building official shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of these regulations.

   C.   The building official shall have the power to inspect the register containing a record of all residents of the mobile home park.

   D.   It is the duty of the owners or occupants of mobile home parks and mobile homes contained therein, or of the person in charge thereof, to give the building inspector free access to such premises at reasonable times for the purpose of inspection. It is the duty of the owners or occupants of freestanding or nonresidential mobile homes to give the building official free access to such premises at reasonable times for the purpose of inspection. It is the duty of every occupant of a mobile home park to give the owner thereof or an agent or employee access to any part of such mobile home park or its premises at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with these regulations, or with any lawful order issued pursuant to the provisions of these regulations. (Prior Code, Chapter 16, as amended)

   A.   A mobile home shall not be occupied for dwelling purposes unless it is properly placed on a mobile home stand and connected to water, sewage and electrical utilities.

   B.   Responsibilities of the park management are as follows:

      1.   The park management shall operate the park in compliance with these regulations and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

      2.   The park management shall notify park occupants of all applicable provisions of these regulations and inform them of their duties and responsibilities under these regulations.

      3.   The park management shall supervise the placement of each mobile home on its mobile home stand which includes securing its stability and installing all utility connections.

      4.   The park management shall maintain a register containing the names of all park occupants. Such register shall be available to any authorized person inspecting the park.

      5.   The park management shall notify the health authority immediately of any suspected communicable or contagious disease within the park.

   C.   Responsibilities of park occupants are as follows:

      1.   The park occupant shall comply with all applicable requirements of these regulations and shall maintain the mobile home space, its facilities and equipment in good repair and in a clean and sanitary condition.

      2.   The park occupant shall be responsible for proper placement of the mobile home stand and proper installation of all utility connections in accordance with the instructions of the park management.

      3.   No owner or person in charge of a dog, cat or other pet animal shall permit it to run at large or to commit any nuisance within the limits of any mobile home park. (Prior Code, Chapter 16, as amended)

   A.   The storage, collection and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accidents, fire hazards or air pollution.

   B.   All refuse shall be stored in flytight, watertight, rodentproof containers, which shall be located not more than one hundred fifty feet (150') from any mobile home space. Containers shall be provided in sufficient number and capacity to properly store all refuse.

   C.   Refuse collection stands shall be provided for all refuse containers. Such container stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around them.

   D.   All refuse containing garbage shall be collected at least twice weekly. Where suitable collection service is not available from municipal or private agencies, the mobile home park operator shall provide this service. All refuse shall be collected and transported in covered vehicles or covered containers.

   E.   Where municipal or private disposal service is not available, the mobile home park operator shall dispose of the refuse by transporting to a disposal site approved by the city. (Prior Code, Chapter 16, as amended)

   A.   Whenever an inspection determines violations of pertinent regulations exist, the inspection officer shall notify the permittee of such alleged violation. Such notice shall:

      1.   Be in writing.

      2.   Include a statement of the reasons for issuance.

      3.   Contain an outline of remedial action, which if taken, will effect compliance with provisions of these regulations and other pertinent regulations.

      4.   Allow a reasonable time, not to exceed ninety (90) days for the performance of any act it requires.

      5.   Be served upon the owner or agent as the case may require; provided, that such notice or order shall be deemed as properly served upon the owner or agent which a copy thereof has been sent by certified mail to the last known address.

   B.   Whenever it is established that an emergency exists which requires immediate action to protect the public health, the inspection officer may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as may be necessary to meet the emergency, including the suspension of the permit. Notwithstanding any other provisions of these regulations, such order shall be effective immediately.

   C.   Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the city council, shall be afforded a hearing at the next regular meeting. (Prior Code, Chapter 16, as amended)

   A.   All plumbing and electrical alterations or repairs in a mobile home park shall be made in accordance with the applicable regulations of the city as published in the latest edition of the city's housing and building codes as they may be amended.

   B.   Skirting of mobile homes is permissible but areas enclosed by such skirting shall be maintained so as not to protect a harborage for rodents, or create a fire hazard.

   C.   Permits shall be issued by the inspection officer as follows:

      1.   A permit issued by the inspection officer shall be required before any construction on a mobile home space or any structural addition or alteration to the exterior of a mobile home takes place.

      2.   No construction, addition or alteration to the exterior of a mobile home located in a mobile home park shall be permitted unless it is of the same type of construction and materials as the mobile home affected. (Prior Code, Chapter 16, as amended)

   A.   Freestanding mobile homes shall be disallowed in the planned growth area as follows:

      1.   No freestanding mobile home shall be permitted in the planned growth area unless:

         a.   It is being offered for sale.

         b.   A temporary permit is issued for its operation as specified in this section.

         c.   It is located in an approved mobile home park.

      2.   Those freestanding mobile homes, located in the planned growth area, which are now nonconforming uses under the provisions of the zoning regulations of the city may continue as nonconforming uses provided that they shall not be stored in front yards or on side yards abutting a street or corner lots, and provided that they conform to all other regulations of this section. (Prior Code, Chapter 16, as amended; amd. Ord. 1989-13, 12-21-1989)

   B.   Freestanding mobile homes shall be permitted in A-1 zoned areas subject to the following conditions being met:

      1.   The mobile home is located on ten (10) acres or more.

      2.   The mobile home is at least a doublewide.

      3.   The mobile home at the time of installation is no more than three (3) years old. (Ord. 2009-9, 9-10-2009)

   C.   All freestanding mobile homes, except within regular commercial mobile home sales lots, shall within a period of one year from the effective date of this chapter be provided with a system of tie downs in accordance with the recommendations set forth by the defense civil preparedness agency, U.S. department of defense; provided, however, that concrete pads shall not be constructed in residential neighborhoods. (Prior Code, Chapter 16, as amended; amd. Ord. 1989-13, 12-21-1989)

   D.   Freestanding mobile homes allowed to continue as nonconforming uses under the provisions of this part shall not be improved, expanded or relocated except for the performance of normal maintenance and repairs, with the exception that a mobile home may be replaced with a mobile home of equal or greater size and value than the mobile home being replaced so long as the replacement is done within six (6) months of the date that the replaced mobile home is removed from its nonconforming location or the date of the event which would otherwise require the removal of the nonconforming mobile home. (Ord. 1991-5, 4-18-1991)

   A.   No freestanding mobile home shall be permitted in the rural area unless a permit for its operation is issued by the building official.

   B.   Application for permits shall be made in writing to the building official. Applications for permits shall be signed by the applicant and shall contain the following:

      1.   Name and address of the applicant.

      2.   A legal survey depicting the total area in acres and dimensions of the proposed mobile home site.

   C.   The building official shall authorize the city clerk to issue a permit upon compliance by the applicant with all pertinent provisions of these and other regulations of the city.

   D.   A onetime fee as set by the city council will be collected for each freestanding mobile home permit issued. (Prior Code, Chapter 16, as amended)

   A.   The purpose of authorizing the issuance of a temporary freestanding mobile home permit in a planned growth area is to allow the owner of a tract of land to reside temporarily on the tract of land during the construction period of a permanent residence.

   B.   Application for the temporary permit shall be made in writing to the building official. Applications for permits shall be signed by the applicant and shall contain the following:

      1.   Name and address of applicant.

      2.   Plot plan indicating mobile home site in relation to construction site.

      3.   Affidavit stating when construction of permanent residence started, or the estimated start date, and when construction is estimated to be completed.

      4.   Name and address of the contractor building the residence.

   C.   Temporary permits for freestanding mobile homes in the urban area shall be issued by the building official, subject to the approval of the city council. Such approval shall be shown on the temporary permit by the signature of the mayor as authorized by the city council. Such permit shall be filed with the city clerk.

   D.   The temporary permit shall be issued by the building official for a period of one hundred eighty (180) days. The term of the temporary permit may be extended, upon written request to the building official, for one additional period up to, but not to exceed, three hundred sixty (360) days total. In the event the mayor of Harrah declares that an extraordinary condition exists as a result of an emergency occurrence, the initial temporary permit shall be issued by the building official for a period of three hundred sixty five (365) days, and may be extended for an additional one hundred eighty (180) days upon written request to the building official.

   E.   The building official shall authorize the city clerk to issue the temporary permit upon compliance by the applicant with all pertinent provisions of these and other regulations of the city.

   F.   A onetime fee as set by the city council will be collected for each temporary freestanding mobile home permit issued.

   G.   Except for mobile homes with regular commercial mobile home sales lots, each freestanding mobile home offered for sale must be clearly marked as such. Freestanding mobile homes located within regular commercial mobile home sales lots need not be individually marked for sale. A property owner shall not store, nor permit to be stored, any mobile home on a residential parcel. (Prior code ch. 16, as amended; amd. Ord. 1989-13, 12-21-1989; Ord. 2011-2, 4-21-2011)

Operation of nonresidential mobile homes by contractors on construction projects for which building permits have been issued or which are otherwise approved by governmental units, is permitted during the term of such construction project. (Prior code ch. 16, as amended)

   A.   Where, at the initial effective date of adoption or amendment of these mobile home regulations, lawful uses of land exist that are no longer permissible under the terms of this chapter as enacted or amended, such uses may be continued, so long as they remain otherwise lawful, subject to the following provisions:

      1.   No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of these mobile home regulations;

      2.   If any such nonconforming use of land ceases for any reason, any subsequent use of such land shall conform to the regulations specified by the mobile home regulations; and

      3.   No permit shall be required for the addition of steps, canopies, awnings or antennas. (Prior code ch. 16, as amended)

This article shall apply to all residential subdivision plats having a dwelling unit density of greater than one unit per acre, or the owners or applicants for approval thereof. Anything herein to the contrary notwithstanding, all final plats submitted to the city from the adoption of the regulation shall meet the requirements of this article, regardless of whether the preliminary plat had been previously approved. For those developments having a density of less than one unit per acre a dedication of five percent (5%) of the total development area shall be required. (Prior code ch. 16, as amended)

   A.   All persons, firms or corporations subdividing land for residential purposes will, prior to the recording of their respective final plat, and subject to the other provisions hereinafter following:

      1.   Dedicate land to be used solely and exclusively for public park and recreation purposes; or

      2.   Make an equivalent monetary contribution based upon a value of the land required to be dedicated, in lieu of the actual transfer of land.

   B.   When a proposed development contains an area delineated on the comprehensive plan as a park or playground site, that area must be reserved on the final plat. However, when the area exceeds the predetermined amount of land to be dedicated (as established by the formula or fixed rate) the excess area shall be reserved until the shorter of the following conditions are met:

      1.   The development is seventy five percent (75%) completed; or

      2.   The city exercises its option to purchase the excess area within three (3) years of plat approval. If the city does not exercise its purchase option either before the completion of seventy five percent (75%) of the development, or in three (3) years, the land will revert to the developer to be used as desired. (Prior Code, Chapter 16, as amended)

The planning commission may participate in the design of neighborhood master plans in order to approve of proposed public park and recreation land sites. Future public park and recreation sites designated in the comprehensive plan or as approved by the planning commission shall be delineated on the preliminary plat and reserved for dedication or purchase. A preliminary plat shall not be placed on a planning commission agenda until such plat has been reviewed for public park dedication requirements. (Prior Code, Chapter 16, as amended)

The acreage to be contributed prior to the final approval by the city council of any residential subdivision plat shall be determined by the following formula:

 

In those instances where the formula used above shows that less than five hundred (500) persons shall ultimately occupy any given subdivision as reflected by the preliminary plat submitted for approval, the planning commission shall review the plat and promptly recommend whether land or money should be required of the subdivider. Such recommendation may be appealed to the city council by the subdivider. (Prior Code, Chapter 16, as amended)

   A.   If the public park land is to be required, then the amount of land determined by section 12-473 of this article shall be reserved and delineated on the preliminary plat in a location approved by the planning commission and the appropriate portion thereof (as determined by the above formula) shall be dedicated or conveyed to the city at the time of recording the final plat.

   B.   To ensure that the appropriate portion of the delineated reserved park land shall be acquired by the city whenever a final plat is recorded which embraces part of the land included in the preliminary plat, the following procedure shall be followed: Approval by the planning commission of a preliminary plat wherein dedication of public park land is required shall be conditioned on the subdivider delivering to the city a fully executed "Park Land Reservation". Such park land reservation shall be submitted with the preliminary plat and be acknowledged by the subdivider before a notary public and shall meet the following standards:

      1.   It must give a legal description of the entire area embraced within the preliminary plat;

      2.   It must give a legal description of the delineated land and recite that such land is reserved for dedication or conveyance to the city for public park and recreational purposes.

      3.   It must warrant that the subdivider is the owner of all land embraced in the preliminary plat and, further, that the land delineated and reserved for public park and recreational purposes shall be conveyed to the city free and clear of any mortgages, liens or encumbrances.

      4.   It must recite that whenever a final plat is recorded covering any part of the land embraced within the preliminary plat, a proportionate part of the reserved park land shall be dedicated and conveyed in fee to the city and the owner of such proportionate part shall be stopped to deny the right of the city to acquire title to such proportionate part.

      5.   It must be accepted by the city council and filed for record with the county clerk with filing costs being paid by the subdivider.

   C.   Whenever the park land dedication requirements have been satisfied as to any preliminary plat upon which a park land reservation has been filed, the board will cause notice of satisfaction and release of the reservation to be executed and filed with the county clerk. (1986 Code)

   A.   If a fee in lieu of a land contribution is required, the amount of fee shall be determined at the time of final platting, according to the following formula:

 

The subdivider shall tender and pay over to the city a cashier's check for the fee immediately prior to recording the final plat.

   B.   The fair-market value of the land shall be determined no more than six (6) months before submission of the final plat to the city council.

   C.   The representation cash value of the land that would otherwise be required to be dedicated shall be the full and fair-market value of the raw land plus a proportionate share of those incidental costs as defined in this chapter which would be attached to a subdivider in those cases where land itself was given. Such value shall be determined by averaging the value of all residentially zoned acreage in the preliminary plat.

   D.   The fair-market value will be determined by negotiations between the subdivider and the city. If negotiations have failed to reach agreement by the time the final plat is submitted, then within five (5) days an appraisal board shall be appointed to determine the fair-market value, whose appraisal shall be final and binding on both parties. The appraisal board shall consist of three (3) qualified real estate appraisers, one selected by the city, one selected by the subdivider, and one selected by the chosen appraisers. The appraisers' fee shall be paid jointly by the city and the subdivider. Within ten (10) days, the appraisal board shall tender a report of the fair-market value of the land as of the date the appraisal board was appointed.

   E.   In certain cases, a subdivider may dedicate more land than would be required by the formulas herein set out and receive a written credit against future mandatory public park land dedications. Where a subdivider dedicates land against future requirements, the development which is thereby relieved of all or parts of its mandatory park land dedication requirement must be in the same general area as that served by the dedicated credit land, such general area to be at the city's sole determination. The credit shall attach to the relieved land and remain with the relieved land, regardless of change in ownership thereof.

   F.   In the event a subdivider deviates from the approved preliminary plat in final platting or rezones land within the preliminary plat which has the effect of increasing the density of population over the earlier population density estimates made under this article or where the use of property is changed from a nonresidential use to a residential use the owner or subdivider shall be obligated to provide additional land or fee to compensate for the increase in population prior to the city issuing a building permit. (Prior Code, Chapter 16, as amended)

   A.   Any land to be dedicated to meet the requirements of this article shall be reasonably located and adaptable for use as an active neighborhood public park and recreation facility. Such determination shall be made by the planning commission, whose decision may be appealed to the city council. Factors to be used in evaluating the adequacy of the proposed public park and recreation areas include, but are not limited to, the following:

      1.   The dedicated land should form a single parcel or tract of land at least five (5) acres in size unless the planning commission determines that a smaller tract would be in the public interest, or that additional contiguous land shall be reasonably available for dedication to or purchase by the city.

      2.   The shape of the parcel or tract of land to be dedicated should be appropriate for public parks and recreation purposes.

      3.   Public access to public park land delineated on a preliminary plat shall be ensured by provision of at least fifty feet (50') of street frontage, in a manner satisfactory to the planning commission. At the time the land abutting the delineated areas is developed, the subdivider of such abutting land shall furnish and pay for paving all abutting street frontage and shall provide water and sewer access to the boundary of one side of the delineated area to meet minimum requirements as determined by the planning commission.

      4.   The land to be dedicated to meet the requirement of this chapter should be suitable for public parks and recreation activities. In that regard fifty percent (50%) of the dedicated land area should not exceed five percent (5%) grade. The general plan for the city shall be considered when evaluating land proposals for dedication. (Prior code ch. 16, as amended)

   A.   A separate fund to be deposited at the highest rate permitted by law to be entitled “Park Fee Fund” shall be and is hereby created and money paid to owners, subdividers, and applicants at the final approval of the subdivision plats in lieu of the dedication land for public park and recreation uses, or may be used for improving, maintaining or operating public park facilities, but may not be used for any other purpose.

   B.   At such time as the board based upon recommendations of the planning commission determines that there are sufficient funds derived from a certain area in the ‘Park Fee Fund” to purchase useable park land, the board shall cause negotiations to be undertaken to purchase the site by mutual agreement or be condemnation proceedings. In making such determination for the purchase of the site, the conditions of 12-476 of this chapter shall be taken into consideration. (The principal and interest deposited and kept in the “Park Fee Fund” shall be used for the purpose of purchasing land for a public park and recreation uses, or may be used for improving, maintaining, or operating public park facilities, but may not be used for any other purpose.) (Ord. 1992-17A, 2-19-2015; amd. Ord. 2022-8, - -2022)

   A.   Land accepted for dedication under the requirements of this article shall be conveyed by either of the following methods:

      1.   By dedication within the plat to be filed for record in the office of the county clerk; or

      2.   By warranty deed transferring the property in fee simple to the city.

In any event, land must be free and clear of any mortgages or liens at the time of such conveyance. (Prior code ch. 16, as amended; amd. Ord. 2022-8, - -2022)

At the discretion of the City Council, in lieu of the dedication of Parkland or payment fees, the City Council may require the subdivider to install an emergency storm siren within the proposed subdivision or make a cash contribution towards an emergency storm siren in an alternate location. In the event a siren is required of the subdivider, the siren, its location, and specifications for its construction, must be approved in advance by the city. In the event a cash contribution towards an emergency storm siren is required, the cash contribution shall be no less that the amount which would be calculated using Section 12-475. (Ord. 2022-8, - - 2022)

   AN EXAMPLE OF GOOD SUBDIVISION DESIGN

      1.      MINOR STREETS SHOULD BE DESIGNED TO PROVIDE ACCESS IN A MANNER TO DISCOURAGE USE BY THROUGH TRAFFIC.

      2.      COLLECTOR STREETS SHOULD BE DESIGNED TO PROVIDE A DIRECT ROUTE FROM MINOR STREETS TO MAJOR STREETS.

      3.      INGRESS AND EGRESS TO RESIDENTIAL PROPERTIES SHOULD BE PROVIDED ONLY ON MINOR STREETS.

      4.      PEDESTRIANWAYS SHOULD BE SEPARATED FROM ROADWAYS.

      5.      THE URBAN AREA SHALL BE DESIGNED AS A GROUP OF INTEGRATED RESIDENTIAL NEIGHBORHOODS WITH APPROPRIATE INDUSTRIAL, COMMERCIAL, AND PUBLIC FACILITIES.

      6.      LOTS, BLOCKS, AND STREET SYSTEMS SHOULD BE DESIGNED FOR THE MOST ADVANTAGEOUS USE OF TOPOGRAPHY AND NATURAL PHYSICAL FEATURES.

ADVANTAGES OF GOOD DESIGN . . .

IN SUBDIVISION DEVELOPMENT

AS DEVELOPED –

267 LOTS ... 19,400 FEET OF STREETS & ALLEYS

AVERAGE ... 73 LINEAR FEET PER LOT

      1.      SAFER INTERSECTIONS DUE TO WIDER LOTS AT CORNERS.

      2.      ACCESS TO LAND TO BE DEVELOPED IN THE FUTURE.

      3.      NUMBER OF INTERSECTIONS WITH MAJOR STREETS REDUCED.

      4.      LESS EARTH TO CUT & FILL, BETTER APPEARANCE & BETTER NATURAL DRAINAGE BY GIVING ATTENTION TO TOPOGRAPHY IN LAYING OUT STREETS.

      5.      MORE LAND DEVELOPED INTO LOTS.

      6.      LESS STREET TO BUILD AND MAINTAIN.

      7.      PROVISIONS FOR CONVENIENT SHOPPING CENTER WITH REAR ALLEY SERVICE.

   LOT PATTERN

LOTS:    • FRONT ON LOCAL & CUL-DE-SAC

      • SIDE ON COLLECTORS

      • BACK ON MINOR & MAJOR ARTERIALS

      • 90° OR RADIAL TO STREETS

   STREET PATTERN

NOTES:

STREETS SHOWN: MINOR ARTERIAL, COLLECTOR, LOCAL, CUL-DE-SAC

LOTS:    • FRONT ON LOCAL & CUL-DE-SAC

      • SIDE ON COLLECTORS

      • BACK ON MINOR & MAJOR ARTERIALS

      • 90° OR RADIAL TO STREETS

   RURAL PLATTING PATTERNS

NOTES:   1.    PROPERTY DIMENSIONS IN MANY CASES ARE SHOWN AS LESS THE RIGHT-OF-WAY DIMENSION. THIS REFLECTS THE IMPROVEMENT OF THE STREET OR ROAD, AND DEDICATION OF IT TO THE PUBLIC.

      2.      COVENANTS SHOULD PROVIDE FOR ACCESS TO LOTS TO BE ONLY FROM SIDE ROADS.

(1986 Code)