Hennessey City Zoning Code
PLATTING AND
SUBDIVIDING
§ 154.290 GENERAL PROVISIONS.
(A) (1) This section establishes uniform procedures for platting and subdivision requirements as provided in 11 O.S. §§ 47-113 et seq.
(2) A final plat or minor plat shall be approved and recorded by the town prior to any land division that is subject to these provisions and prior to the beginning of any new development within municipal boundaries.
(B) Exemptions. The following land divisions are exempt from the requirements of this chapter:
(1) Use of existing or expanding cemeteries complying with all state and local laws and regulations; and
(2) A division of land created by order of court of competent jurisdiction.
(C) Applications and procedures.
(1) An application must be completed and accepted for review by the Zoning Administrator. All applications shall be made on forms provided by the town.
(2) To be complete, it must comply with all provisions of this section and any other sections pertaining to the application and must contain all required documentation for the application.
(D) Processing. The proposed subdivision may be processed as a standard subdivision or as a minor plat subdivision as follows:
(1) Standard subdivision plat:
(a) Preliminary plat (and construction plans for improvements);
(b) Final plat;
(c) Building permit; and
(d) Occupancy permit.
(2) Minor plat subdivision (as required).
(E) Classification. Upon initial receipt of a subdivision proposal, the Zoning Administrator shall determine if the proposal shall be classified as a standard subdivision plat or a minor subdivision plat. If a subdivision is determined to be a minor subdivision plat, the Zoning Administrator shall determine what information, drawings and procedure will be necessary for the submission of the minor plat subdivision plat to the Planning Commission in accordance with these regulations and the policies of the Planning Commission.
(Ord. 382, passed 7-8-2021)
§ 154.291 TYPES OF PLATS.
Below lists the various types of plats and their purposes:
Types of Plats | ||
Section | Type of Plat | Purpose |
Pre-application conference | As the first stage in the platting approval process, the purpose of a preliminary plat is to determine the general layout of the subdivision, the adequacy of public facilities needed to serve the intended development, and the overall compliance of the land division with applicable requirements of this chapter. | |
Final plat | As the second stage in the platting approval process, the purpose of a final plat is to ensure that the proposed subdivision and development of the land is consistent with all standards of this chapter pertaining to the adequacy of public facilities; that public improvements to serve the subdivision or development have been installed and accepted by the town or that provision for such installation has been made; and that all other requirements and conditions have been satisfied or provided for to allow the final plat to be recorded. | |
Minor plat | The purpose of a minor plat is to provide a limited means for simple land division under certain circumstances, which result in minimal lot creation. In circumstances where adequate infrastructure, easements, and right-of-way already exist and the extension of any town facilities to serve any lot within the subdivision is not required, then a minor plat may be suitable as an instrument to subdivide one lot into three or fewer lots. The minor plat is also suitable for the purpose of combining lots where infrastructure, easements and right-of-way is not affected. | |
Replat | The purpose of a replat is to re-subdivide all or any part of a previously platted subdivision, that is beyond the definition of an amending plat and which does not require the vacation of the entire preceding plat. | |
Amending plat | The purpose of an amending plat shall be to provide an expeditious means of making minor revisions to a recorded plat. An amending plat does not allow for the creation of new lots and is designed only to modify existing recorded plats. | |
(Ord. 382, passed 7-8-2021)
§ 154.292 PRE-APPLICATION CONFERENCE.
(A) Generally. The purpose of a pre-application conference is to provide applicants an opportunity to confer early and informally with staff and present subdivision and development proposals for comments and advice on the procedures, specifications and standards required by the town. This feedback, early in the development process, can help applicants avoid major plan revisions that are more cumbersome to change after land use applications have been submitted.
(1) Applicants should keep in mind that, due to the preliminary nature of information discussed during pre-application conferences, town staff reserves the right to determine specific requirements after receiving official land use applications.
(2) Information obtained during a pre-application conference is subject to subsequent changes in zoning and other applicable regulations. A pre-application conference does not lock in any fees or development requirements in any way.
(B) Scheduling a pre-application conference.
(1) Pre-application meetings are scheduled on a first come, first served basis and should be scheduled not less than 14 days prior to the submittal of a land use development application.
(2) Required materials:
(a) Complete pre-application conference request form;
(b) Preliminary site-plan drawing; and
(c) Pre-application conference fee.
(3) (a) Staff will contact applicants by telephone or email to schedule a date and time.
(b) Conferences will be scheduled as soon as possible following receipt of completed forms and materials.
(c) Please be advised that incomplete information or vague development plans may result in a delay in scheduling pre-application conference meetings.
(Ord. 382, passed 7-8-2021)
§ 154.293 FILING FEE.
To defray the cost of review and administration procedures, a filing fee shall be paid to the Town Clerk at the time of submittal. Filing fees for performing the activity described in this chapter shall be set periodically by the Town Board of Trustees, by duly adopted resolution, and the fees may be amended by resolution of the Town Board of Trustees.
Fee Schedule | |
Type of Submittal | Fee |
Fee Schedule | |
Type of Submittal | Fee |
Pre-application conference | Fee shall be as provided by the Town Board by resolution |
Preliminary plat | Fee shall be as provided by the Town Board by resolution |
Final plat | Fee shall be as provided by the Town Board by resolution |
Minor subdivision plat | Fee shall be as provided by the Town Board by resolution |
Replats | Fee shall be as provided by the Town Board by resolution |
Amending plat | Fee shall be as provided by the Town Board by resolution |
(Ord. 382, passed 7-8-2021)
§ 154.294 PRELIMINARY PLAT.
(A) Generally. The purpose of a preliminary plat shall be to determine the general layout of the subdivision, the adequacy of public facilities needed to serve the intended development and the overall compliance of the land division with applicable requirements of this chapter.
(1) Exceptions. A preliminary plat is not required when a minor plat is submitted.
(2) Required.
(a) The applicant shall prepare a preliminary plat for submission to the Planning Commission. It shall conform to the minimum requirements of these regulations and the zoning code and be in compliance with the town’s comprehensive plan.
(b) The preliminary plat shall include all contiguous land partially or fully owned or under option by the applicant. The applicant must submit all required documents as specified in this division before the Planning Commission can commence preliminary plat review.
(B) Application and procedures.
(1) Pre-application conference. Prior to a preliminary plat submittal, the developer or his or her authorized agent is encouraged to meet with the Zoning Administrator who will determine if a preliminary plat is required. Should preliminary plat approval be required, the relationship of the proposed subdivision to the town’s comprehensive plan, storm water management criteria, zoning ordinance, street requirements, utility service, and the general character of the development may be discussed to acquaint the developer with town platting requirements and procedures.
(2) Fees. The developer shall pay a non-refundable application fee for each preliminary plat submitted. Application fees shall be set periodically by the Town Board of Trustees, by duly adopted resolution, and the fees may be amended by resolution of the Town Board of Trustees.
(3) Application content. Applications for a preliminary plat shall be submitted on a form supplied by the town with the required information as stated on the application form. When more than one sheet is necessary to accommodate the entire plat area, an index sheet at appropriate scale showing the entire area shall be attached. The date the plat was submitted shall legibly appear on the plat.
(4) Accessories. An application for a preliminary plat may be accompanied by:
(a) An application for plat and/or zoning approval; and
(b) Construction plans.
(6) Responsible official and initial review. The Zoning Administrator shall be the responsible official and the Town Board of Trustees shall be the official review body for a preliminary plat.
(7) Re-submittal. Re-submittal following review shall review each pending preliminary plat application and recommend either:
(a) Approval of the preliminary plat;
(b) Denial of the preliminary plat; or
(c) Approval of the preliminary plat with specific conditions.
(8) Necessary revisions and comments. Necessary revisions and comments shall be forwarded to all individuals listed on the application.
(1) The developer shall provide the Zoning Administrator two reproducible copies of the preliminary plat with revisions addressed and resolved.
(2) Once the revisions have been resubmitted, the Zoning Administrator shall then review the preliminary plat for compliance with original recommendations.
(C) Accompanying materials.
(1) Contents of a preliminary plat. Three hard copies and a digital pdf file of the preliminary plat drawn to a scale of 100 feet to one inch shall be provided, and shall contain or be accompanied by the following information:
(a) The proposed name of the subdivision;
(b) The name and address of the owner or owners of the land to be subdivided, the name and address of the applicant if other than the owner, and the name and address of the land surveyor;
(c) The date of preparation of the plat, north arrow and scale;
(d) Key or location map showing location of subdivisions within the mile section;
(e) An accurate legal description of the property;
(f) The location and dimensions of all boundary lines of the proposed subdivision;
(g) The names of all adjacent subdivisions and the names, location and widths of all existing and proposed streets, easements, drainage ways and other public ways on and adjacent to the property;
(h) The locations and widths of all oil, gas and petroleum product easements and of all existing utilities on or adjacent to the subject property;
(i) A topographic map of the subdivided area with land contours not having two feet, contour intervals, referenced to a United States Geological Survey or Coast and Geodetic Survey benchmark or monument;
(j) The location and description of all existing structures, water bodies and watercourses;
(k) The location and dimension of all proposed drainage ways, pedestrian ways, bike paths, parks, playgrounds, public ways, or other public or private reservations;
(l) All proposed lots progressively numbered and building setback lines;
(m) All proposed blocks progressively numbered;
(n) When more than one sheet is necessary to accommodate the entire plan area, an index sheet at appropriate scale showing the entire area shall be attached; and
(o) Any other information as may be deemed by the Planning Commission as reasonably necessary for the full and proper consideration of the proposed subdivision.
(2) Current title commitment. The applicant shall furnish with the application to the town a current title commitment issued by a title insurance company authorized to do business in the state, a title opinion letter from an attorney licensed to practice in the state, or some other acceptable proof of ownership, identifying all persons having an ownership interest in the property subject to the preliminary plat.
(D) Approval procedures.
(1) Approval action by the Planning Commission. The Commission shall:
(a) 1. Review the preliminary plat application, the findings of the building inspector, and any other information available.
2. From all such information, the Commission shall determine whether the preliminary plat conforms to the regulations of this chapter.
(b) Act within 60 calendar days following the official filing date of the preliminary plat application, unless the applicant submits a waiver of right to 60-day action.
1. If no decision is rendered by the Commission within the 60-day period described above or such longer period as may have been agreed upon, the preliminary plat, as submitted, shall be deemed approved by the Commission.
2. Take one of the following actions:
a. Approve the preliminary plat;
b. Approve the preliminary plat with conditions, which shall mean the preliminary plat shall be considered to have been approved once such conditions are fulfilled; or
c. Deny the preliminary plat.
(2) Approval action by the Town Board of Trustees.
(a) The Town Board of Trustees shall:
1. a. Review the preliminary plat application, the findings of the Zoning Administrator, decision from the Planning Commission, and any other information available.
b. From all such information, the Town Board of Trustees shall determine whether the preliminary plat conforms to the regulations of this chapter.
2. a. Act within 60 calendar days following the action of the Planning Commission, unless the applicant submits a waiver of right to 60-day action.
b. If no decision in rendered by the Town Board of Trustees within the 60-day period described above or such longer period as may have been agreed upon, the preliminary plat, as submitted, shall be deemed to be approved.
3. Take one of the following actions:
a. Approve the preliminary plat;
b. Approve the preliminary plat with conditions, which shall mean the preliminary plat shall be considered to have been approved once such conditions are fulfilled; or
c. Deny the preliminary plat.
(3) Criteria for preliminary plat approval.
(a) The following criteria shall be used to determine whether the preliminary plat application shall be approved, approved with conditions or denied.
(b) Approval criteria:
1. The preliminary plat is consistent with all zoning requirements for the property, including any applicable planned unit development (PUD) zoning standards;
2. The proposed provision and configuration of public improvements including, but not limited to, roads, water, wastewater, storm drainage, park facilities, open spaces, easements, and right-of-way are adequate to serve the development and meet applicable standards of this chapter;
3. The preliminary plat has been duly reviewed by applicable town staff;
4. The preliminary plat conforms to design requirements and construction standards as set forth in this chapter;
5. The preliminary plat is consistent with the comprehensive plan; and
6. The proposed development represented on the preliminary plat does not endanger public health, safety, or welfare.
(4) Effect of preliminary plat approval.
(a) Continuation of the development process. The approval of a preliminary plat by the Town Board of Trustees shall allow the applicant to proceed with the development and platting process by submitting construction plans and a final plat.
(b) General approval of layout only. Approval of the preliminary plat shall be deemed general approval of the subdivision’s layout only, and shall not constitute approval or acceptance of construction plans or a final plat.
(E) Expiration and extension.
(1) Preliminary plat expiration.
(a) Two-year validity.
1. The approval of a preliminary plat shall remain in effect for a period of two years following the date of approval, during which period the applicant shall submit and receive approval for construction plans and final plat for the land area shown on the preliminary plat.
2. If construction plans and a final plat application have not been approved within the two-year period, the preliminary plat shall expire.
(b) Phased developments - partial construction plans and final plat. If construction plans and a final plat for only a portion of the land area shown on the preliminary plat are approved by the end of the two-year period, then the preliminary plat for the remainder of the land not included on the construction plans or final plat shall expire on such date.
(c) Relationship to construction plans. A preliminary plat shall remain valid for two years or the period of time in which approved construction plans are valid, whichever is greater.
(d) Action on final plat. Should a final plat application be submitted within the two-year period, but not be acted upon by the Town Board of Trustees within the two-year period, the preliminary plat shall expire unless an extension is granted as provided in division (E)(1) of this section.
(e) Void if not extended. If the preliminary plat is not extended as provided in division (E)(1) of this section it shall expire and become null and void.
(2) Preliminary plat extension. A preliminary plat may be extended for a period not to exceed one year beyond the preliminary plat’s expiration date. A request for extension shall be submitted to the town in writing at least 30 calendar days prior to expiration of the preliminary plat and shall include reasons why the preliminary plat should be extended.
(3) Preliminary plat extension decision.
(a) The Zoning Administrator will review the extension request and shall approve it, approve it with conditions, or deny the extension request within 30 calendar days following the official filing date of the request.
(b) Should the Zoning Administrator fail to act on an extension request within 30 calendar days, the extension shall be deemed to be approved.
(4) Extension considerations. In considering an extension, the Zoning Administrator shall consider whether the following conditions exist:
(a) A final plat has been submitted and/or approved for any portion of the property shown on the preliminary plat;
(b) Construction plans have been submitted and/or approved for any portion of the property shown on the preliminary plat;
(c) Construction is occurring on the subject property;
(d) The preliminary plat complies with new ordinances that impact the health, safety and general welfare of the community; and/or
(e) There is a need for a park, school or other public facility or improvement on the property.
(5) Extension conditions.
(a) In granting an extension, the Zoning Administrator may impose such conditions as are needed to ensure that the land will be developed in a timely fashion and that the public interest is served.
(b) Any extension may be predicated upon compliance with new development regulations and/or the applicant waiving any vested rights.
(6) Appeal of the denial of the preliminary plat extension.
(a) Appeal of the preliminary plat extension decision.
1. The denial of an extension by the Zoning Administrator may be appealed to the Planning Commission.
2. A written request for such appeal shall be received by the Zoning Administrator within 14 calendar days following the denial.
3. The Planning Commission shall hear and consider such an appeal within 30 calendar days following the zoning official’s receipt of the appeal request.
(b) Appeal of the Commission’s preliminary plat extension decision.
1. The denial of an extension by the Planning Commission may be appealed to the Town Board of Trustees.
2. A written request for such appeal shall be received by the Zoning Administrator within 14 calendar days following the denial.
3. The Town Board of Trustees shall hear and consider such an appeal within 30 calendar days following Zoning Administrator’s receipt of the appeal request.
4. The decision of the Town Board of Trustees is final.
(F) Amendments.
(1) Minor amendments to preliminary plats.
(a) Minor amendments to the design of the subdivision subject to an approved preliminary plat may be incorporated in an application for approval of a final plat without the necessity of filing a new application for re-approval of a preliminary plat.
(b) Minor amendments may only include:
1. Minor adjustments in street or alley alignments, lengths and paving details; and
2. Minor adjustments to lot lines that do not result in creation of additional lots or any nonconforming lots, provided that such amendments are consistent with applicable approved prior applications.
(2) Major amendments to preliminary plats. All other proposed changes (not listed above) to the design of the subdivision subject to an approved preliminary plat shall be deemed major amendments that require submittal and approval of a new application for approval of a preliminary plat (including new fees, new reviews, new official filing date and the like) before approval of construction plans and/or a final plat.
(3) Determination between minor and major amendments to preliminary plats. The Zoning Administrator shall make a determination of whether proposed amendments are deemed to be minor or major, thereby requiring new submittal of a preliminary plat.
(Ord. 382, passed 7-8-2021)
§ 154.295 FINAL PLAT.
(A) Final plats generally.
(1) Purpose. The purpose of a final plat is to ensure:
(a) Consistency with standards. That the proposed subdivision and development of the land is consistent with all standards of development pertaining to the adequacy of public facilities;
(b) Provide for public improvements. That public improvements to serve the subdivision or development have been installed and accepted by the town, or that provisions for such installation has been made;
(c) Other requirements and conditions. That all other requirements and conditions have been satisfied or provided for, to allow the final plat to be approved recorded; and
(d) Meets all other standards of development. Ensure that the subdivision meets all other standards of development to enable initiation of site preparation activities for any lot of tract subject to the final plat.
(2) Exceptions. A final plat is not required when a minor subdivision plat is submitted (refer to § 154.296, minor subdivision plat).
(3) Ownership. Proof of ownership required.
(a) The applicant shall furnish with the application a current title commitment issued by a title insurance company authorized to do business in state, a title opinion letter from an attorney licensed to practice in the state, or some other acceptable proof of ownership, identifying all persons having an ownership interest in the property subject to the final plat.
(b) The final plat shall be signed by each owner, or by the representative of the owners authorized to sign legal documents for the owners, effectively denoting that they are consenting to the platting of the property and to the dedications and covenants that may be contained in the final plat.
(4) Prior approved preliminary plat required. The final plat and all accompanying data shall conform to the approved preliminary plat or as the preliminary plat may have been subsequently amended.
(5) Maintenance bond required.
(a) Per requirements established and maintained by the Town Engineer, the applicant shall furnish maintenance bonds to the town for public improvements.
(b) Maintenance bond value shall be set at 120% of the approved estimated cost for the to the town for public improvements and will be held for a minimum of three years. Estimated cost shall be approved by the Town Engineer.
(B) Review and approval action.
(1) The Zoning Administrator shall:
(a) Initiate review of the final plat and materials submitted;
(b) Request written comments from other municipal departments and/or outside agencies, if deemed necessary; and
(c) Upon determination that the application is ready to be acted upon, schedule the final plat for consideration on the agenda of the next available Planning Commission meeting.
(2) The Planning Commission shall:
(a) 1. Review the final plat application, the findings of the Zoning Administrator, and any other information available.
2. From all such information, the Planning Commission shall determine whether the final plat conforms to the regulations of this chapter.
(b) Act within 60 calendar days following the application’s official filing date, unless the applicant submits a waiver of right to 60-day action. If no decision is rendered by the Planning Commission within the 60-day period or such longer period as may have been agreed upon, the final plat, as submitted, shall be deemed to be approved by the Planning Commission.
(c) Take one of the following actions:
1. Approve the final plat;
2. Approve the final plat with conditions, which shall mean that the final plat shall be considered to have been approved once such conditions are fulfilled; or
3. Deny the final plat.
(3) The Town Board of Trustees shall:
(a) 1. Review the final plat application, the findings of Zoning Administrator, the decision from the Planning Commission, and any other information available.
2. From all such information, the Town Board of Trustees shall determine whether the final plat conforms to the regulations of this subdivision regulations.
(b) 1. Act within 60 calendar days following the action of the Planning Commission on the final plat, unless the applicant submits a waiver of right to 60-day action.
2. If no decision is rendered by the Town Board of Trustees within the 60-day period or such longer period as may have been agreed upon, the final plat, as submitted, shall be deemed to be approved.
(c) Take one of the following actions:
1. Approve the final plat;
2. Approve the final plat with conditions, which shall mean that the final plat shall be considered to have been approved once such conditions are fulfilled; or
3. Deny the final plat.
(C) Criteria for final plat approval and recordation. The following criteria shall be used to determine whether the final plat application shall be approved, approved with conditions or denied:
(1) Prior approved preliminary plat.
(a) The final plat conforms to the approved preliminary plat;
(b) All conditions imposed at the time of approval of the preliminary plat, if any, have been satisfied;
(d) Where public improvements have been installed, the improvements conform to the approved construction plans and have been approved by the building inspector;
(e) The final layout of the subdivision or development meets all standards for adequacy of public facilities contained in this chapter;
(f) The final plat conforms to design requirements and construction standards as set forth in this chapter;
(g) The final plat is consistent with the zoning of the property; and
(h) The final plat conforms to all requirements of this chapter.
(2) Final plat recordation.
(a) Prior to approval of the final plat, [missing text?]
(b) After approval of the final plat, the Zoning Administrator shall procure the appropriate signatures on the plat. The Zoning Administrator shall cause the final plat to be recorded with the appropriate County Clerk upon receiving the appropriate signatures.
(3) Revisions to final plat.
(1) Any final plat that has been approved by the Town Board of Trustees, but not recorded with the County Clerk, which is found to contain erroneous descriptions or are otherwise defective, may be corrected by the applicant and approved by the Zoning Administrator.
(2) Once the final plat has been filed and recorded with the County Clerk, revisions may only be processed and approved as a replat or amending plat.
(Ord. 382, passed 7-8-2021)
§ 154.296 MINOR SUBDIVISION PLAT.
(A) Generally. The purpose of a minor subdivision plat is to provide a limited means for simple land division under certain circumstances, which result in minimal lot creation. In agreement with the intent of this chapter, minor subdivision plats are intended to ensure that public facilities are available and will have sufficient capacity to serve the proposed subdivision. Additionally, minor subdivision plats are intended to ensure the future growth and development of the entire town by ensuring new development does not hinder the provision of public facilities and services to neighboring and nearby properties.
(B) Authority; purpose and intent; eligibility.
(1) Authority. The Planning Commission, pursuant to the powers and jurisdiction vested through 11 O.S. § 45, does hereby exercise the power and authority to review, approve and disapprove transfer of land hereinafter referred to as minor subdivision plats.
(2) Purpose and intent. The purpose of a minor subdivision plat is to simplify the subdivision of land under certain circumstances outlined in state law.
(3) Eligibility. An application for approval of a minor subdivision plat may be filed only in accordance with state law, when all of the following circumstances apply:
(a) Whenever a tract of less than five acres comprising the total area of a single ownership is to be subdivided into four or fewer lots, or whenever a proposed subdivision zoned for single-family residential use contains four or fewer lots, a preliminary and final plat will not be required;
(b) The minor subdivision plat is also used for the combination of two or more previously platted and recorded lots into a single lot; and
(c) The classification of a subdivision as a minor subdivision plat shall not be construed to waive any requirements of these regulations, including the platting requirements of § 154.290, nor the provisions of any other ordinance or statute pertaining to the property.
(C) Application for approval.
(1) Application requirements. Application for minor subdivision plat approval shall be filed with the Zoning Administrator on forms supplied by the town. The completed application shall be accompanied with the following:
(a) A certified survey, prepared by a land surveyor registered in the state shall be submitted on the proposed minor subdivision plat. The survey shall show the following:
1. Each new lot being formed shall be labeled “Lot 1”, “Lot 2”, “Lot 3” and/or “Lot 4”;
2. The legal description of the original tract of land and each new lot being created by the subdivision shall be shown;
3. The scale, north point and date shall be shown;
4. The name and address of the owner of record shall be shown;
5. A key map showing the location of the reference to existing and proposed major streets and government section lines shall be included;
6. The location of dedicated streets at the point where they adjoin and/or are immediately adjacent to the subdivision shall be shown;
7. Lot line boundaries with dimensions to the nearest one-hundredth foot and proposed location and width of streets, alleys and easements and building setback lines, where applicable, shall be shown; and
8. The original signature and seal of the registered land surveyor preparing the plat of survey, properly notarized, shall be included.
(b) A copy of the original deed showing the legal description of the tract, site or parcel proposed as a short form subdivision shall be submitted.
(c) Deeds of tracts, parcels or lots bordering the proposed short form subdivision shall be submitted if deemed necessary by the director.
(d) All instruments for the dedication of 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 instruments filed of record with the County Clerk.
(2) Filing fee. A filing fee in the amount set forth in § 154.293 shall accompany the minor subdivision plat application. The filing fee is non-refundable.
(D) Review and approval procedures; plat recordation; revisions.
(1) Review. The Zoning Administrator shall review the proposed minor plat subdivision to ensure compliance with all design and improvement requirements of this chapter. The Zoning Administrator may submit the application for review and comment to other agencies and/or municipal departments as deemed necessary.
(2) Approval procedure. The Zoning Administrator is delegated administrative authority to approve minor subdivision plats. The Zoning Administrator and the Planning and Zoning Commission, as appropriate, shall decide whether to approve, conditionally approve or deny a minor subdivision plat application based on the following criteria:
(a) The minor subdivision plat is consistent with all zoning requirements for the property;
(b) The final layout of the subdivision or development meets standards in this chapter;
(c) All lots to be created by the plat already are adequately served by all required municipal services and utilities;
(d) The ownership, maintenance, and allowed uses of all designated easements have been stated on the minor subdivision plat; and
(e) The minor subdivision plat does not require the extension of any municipal facilities to serve any lot within the development.
(3) Action.
(a) Administrative approval;
(b) Administrative denial; and
(c) Final approval.
(4) Minor subdivision plat recordation. After approval of the minor subdivision plat, the Zoning Administrator shall procure the required signature of the Planning and Zoning Commission Chairperson on the plat. The Zoning Administrator shall then cause the minor subdivision plat to be recorded with the County Clerk.
(5) Revisions to a minor subdivision plat following approval. Revisions may only be processed and approved as a replat or amending plat, as applicable.
(Ord. 382, passed 7-8-2021)
§ 154.297 REPLATS.
(A) Purpose; applicability.
(1) Generally. A replat of all or a portion of a recorded plat may be approved without vacation of the recorded plat, if the replat meets the following criteria.
(2) Replat criteria.
(a) The replat is signed and acknowledged by the owners of the property being replatted; and
(b) The replat does not propose to amend or remove any covenants or restrictions previously incorporated in the recorded plat
(B) Partial replat application. If a replat is submitted for only a portion of a previously platted subdivision, the replat must reference the previous subdivision name and recording information and must state on the replat specific lots that are being changed along with a detailed “Purpose for Replat” statement.
(C) Review and approval process.
(1) Review action and approval action.
(a) Same as final plat.
(b) The review and approval processes for a replat shall be the same as the review and approval processes for a final plat per § 154.295.
(2) Responsible official. The Zoning Administrator shall be the responsible official.
(D) Procedures for recordation following approval; effect.
(1) The procedures for recordation of a replat shall be the same as the procedures for recordation of a final plat, as outlined in § 154.295(C), criteria for final plat approval and recordation.
(2) Upon approval and recording of the replat, it is controlling over the previously recorded plat for the portion replatted.
(Ord. 382, passed 7-8-2021)
§ 154.298 AMENDING PLATS.
(A) Purpose; applicability.
(1) The purpose of an amending plat shall be to provide an expeditious means of making minor revisions to a recorded plat. The amending plat allows these minor revisions without the need of filing a plat correction certificate. Furthermore, the amending plat goes beyond the scope of a plat correction certificate and provides a means to relocate any lot line or to combine lots. An amending plat does not allow for the creation of new lots and is designed only to modify existing recorded plats.
(2) The procedures for an amending plat shall apply only if the sole purpose of the amending plat is to achieve one or more of the following purposes:
(a) Correct an error in a course or distance shown on the preceding plat;
(b) Add a course or distance that was omitted on the preceding plat;
(c) Correct an error in a real property description shown on the preceding plat;
(d) Indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor responsible for setting monuments;
(e) Show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat;
(f) Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names and identification of adjacent recorded plats;
(g) Correct an error in courses and distances of lot lines between two adjacent lots if:
1. Both lot owners join in the application for amending the plat;
2. Neither lot is abolished; and
3. The amendment does not attempt to remove recorded covenants or restrictions.
(h) Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;
(i) Relocate one or more lot lines between one or more adjacent lots if:
1. The owners of all those lots join in the application for amending the plat;
2. The amendment does not attempt to remove recorded covenants or restrictions; and
3. The amendment does not increase the number of lots.
(j) Make necessary changes to the preceding plat to create four or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:
1. The changes do not affect applicable zoning and other regulations of the municipality;
2. The changes do not attempt to amend or remove any covenants or restrictions; and
3. The area covered by the changes is located in an area that the Town Board of Trustees, Planning Commission or other appropriate governing body of the municipality has approved, after a public hearing, as a residential improvement area.
(k) Replat one or more lots fronting on an existing street if:
1. The owners of all those lots join in the application for amending the plat;
2. The amendment does not attempt to remove recorded covenants or restrictions;
3. The amendment does not increase the number of lots; and
4. The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.
(B) Notices; review action.
(1) The approval and issuance of an amending plat shall not require notice, hearing or approval of other lot owners.
(2) The Zoning Administrator shall:
(a) Initiate review of the plat and materials submitted; and
(b) Request written comments from other municipal departments and/or outside agencies, if deemed necessary.
(C) Approval action; decision. The Zoning Administrator shall:
(1) Determine whether the amending plat meets the regulations of this chapter;
(2) Act within 60 calendar days following the application’s official filing date, unless the applicant submits a waiver of right to 60-day action; and
(3) Take one of the following actions:
(a) Approve the amending plat;
(b) Approve the amending plat with conditions; or
(c) Defer the amending plat to the Planning Commission for consideration.
(D) Recordation.
(1) After approval of the amending plat, the Zoning Administrator shall procure the appropriate signatures on the plat.
(2) The Zoning Administrator shall then cause the amending plat to be recorded with the appropriate County Clerk.
(Ord. 382, passed 7-8-2021)
§ 154.299 VACATION OF PLATS.
(A) Purpose; criteria.
(1) This section is intended to provide a process for the vacation of plats and subdivisions that are no longer viable and to ensure the vacation minimizes any adverse impacts on the applicant, surrounding property owners, and the town.
(2) The vacation of the plat shall conform to the following:
(a) The comprehensive plan and other adopted plans and policies of the town;
(b) No parcel shall be landlocked as a result of the vacation;
(c) Access to any parcel shall not be restricted to the point that access is unreasonable, economically prohibitive and/or reduces or devalues any property affected by the proposed vacation;
(d) There shall be no adverse impacts on the health, safety and/or welfare of the general community, and the quality of public facilities and services provided to any parcel of land shall not be reduced (e.g., police/fire protection and utility services); and
(e) The provision of adequate public facilities and services to any property shall not be inhibited by the proposed vacation.
(B) Plat vacation prior to recordation. After a final plat has been approved and before it is recorded, the applicant may seek to have the final plat, or any part of the plat, nullified and vacated by executing a written instrument declaring the final plat, or any applicable part of it, to be nullified and vacated, a copy of which shall be attached to said final plat.
(1) Review process. The Planning Commission and Town Board of Trustees shall review such an instrument in the same manner as platting or subdivision.
(2) Review and approval. The applicant shall submit the final plat with the attached written instrument nullifying and vacating said final plat, or part of it, for review and recommendation by the Planning Commission and for approval by the Town Board of Trustees.
(3) Plat vacation. Upon approval of the nullification and vacation of the final plat, the applicant shall record the final plat with the attached written instrument nullifying and vacating it, or part of it, with the County Clerk. Upon such recording, the instrument will operate to destroy the force and effect of the final plat approval and to divest all public rights in the dedications laid out or described in said final plat.
(C) Plat vacation after recordation.
(1) After a final plat has been recorded, the applicant may seek to have the final plat, or any part of it, nullified and vacated by executing a written instrument declaring the final plat to be nullified and vacated and attaching that instrument to the final plat.
(2) The procedures for vacating a recorded final plat shall meet the following requirements:
(a) None of the lots in the subdivision have been sold; and
(b) If any lots have been sold, the majority of owners of the lots in the subdivision and all owners in the area to be vacated must approve the proposed nullification and vacation in writing, such written approval to be submitted to the Planning Commission.
(3) Request for nullification and vacation must be in accordance with 11 O.S. §§ 42-101 et seq., as amended.
(Ord. 382, passed 7-8-2021)