The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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

Area of special flood hazard means the land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.

Base flood means the flood which has a one percent chance of being equalled or exceeded in any given year (100-year flood).

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

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

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving excavation or drilling operations.

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

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of lakes, streams, rivers or any other inland waters.

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Insurance Administration where the areas having special flood hazards have been designated as zone A.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

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

Habitable floor means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a habitable floor.

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

Lot, corner, means a lot located at the intersection of and abutting on two or more streets.

Lot, double frontage, means a lot which runs through a block from street to street and which has two nonintersecting sides abutting on two or more streets.

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

Mobile home means a structure, transportable in one or more sections, which is built on a permanent chassis, designed to be used with or without a permanent foundation when connected to the required utilities.

Mobile home park or mobile home subdivision means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets).

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

Start of construction means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, the term "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, start of construction is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.

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

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

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

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

Street, major, means an arterial street which is designated on the major street plan or expressway plan.

Street, minor, means any street not classified as a major street on the major street plan or expressway plan.

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

Subdivision means the division or redivision of land into two 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 or easement.

Subdivision, rural, means the division or redivision of land into two or more lots, tracts, sites or parcels of not less than two acres for the purpose of transfer of ownership or for development of single-family residential, or the dedication or vacation of a public or private right-of-way easement.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure, either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term "substantial improvement" does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Variance means a grant of relief to a person from the requirements of this article when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this article.

(Code 1993, § 62-361; Ord. No. 1492, § 3(art. I, § 4), 7-27-1976)

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 purpose will determine to a large degree the conditions of health, safety, economy, and amenity that prevail in the urban area. The quality of these conditions is of public interest. These regulations and standards in this article for the subdivision and improvement of land for urban use are to make provision for adequate light, air, open space, 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. 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, located within the tract of land being developed, be borne by the owners or developers of the tract, and also 50 percent of the cost of city-owned trunk lines to serve subdivisions be borne by same owners or developers.

(5)

Provide the best possible design for the tract.

(6)

Reconcile any differences of interest.

(7)

Establish adequate and accurate records of land subdivision.

(Code 1993, § 62-362; Ord. No. 1492, § 3(art. I, § 1), 7-27-1976)

The subdivision regulations and minimum standards for land development in this article are adopted by ordinance passed by the city council under the authority granted by 11 O.S. art. 45 (11 O.S. § 45-101 et seq.).

(Code 1993, § 62-365; Ord. No. 1492, § 3(art. I, § 2), 7-27-1976)

The city council may, from time to time, adopt, amend and make public rules and regulations for the administration of this article 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.

(Code 1993, § 62-366; Ord. No. 1492, § 3(art. V, § 2), 7-27-1976)

The regulations and development standards in this article shall apply to the following forms of land subdivision:

(1)

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

(2)

The division of land previously subdivided or platted into a tract, lot, site or parcel of two or more acres which is to be resubdivided into three or more lots or ownerships.

(3)

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

(4)

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

(5)

The division of land previously subdivided as a portion of a rural subdivision.

(Code 1993, § 62-367; Ord. No. 1492, § 3(art. I, § 3), 7-27-1976)

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 this article 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 his 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 this article preserved. Such modification may be granted upon written request of the subdivider stating the reason for each modification and may be waived by three-fourths vote of the regular membership of the planning commission, subject to the acceptance of the plat and the dedications thereon by the city council.

(Code 1993, § 62-368; Ord. No. 1492, § 3(art. V, § 1), 7-27-1976)

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 this article.

(Code 1993, § 62-369; Ord. No. 1492, § 3(art. V, § 4), 7-27-1976)

Ordinance No. 974, providing standard specifications for storm drainage, applying to all subdividing and developing of land within the corporate limits of the city, requiring and regulating primary and secondary drainage canals and surface drainage bridges, culverts, closed and open storm sewers and drainage and requiring and regulating drainage canals and storm sewers outside addition boundaries and prescribing penalties for the violations of its provisions and declaring it an emergency, is hereby recognized as continuing in full force and effect to the same extent as if set out at length in this article.

(Code 1974, § 31-1; Code 1993, § 46-1)

(a)

Plat approval. For all cases of subdividing within the scope of this article, a plat of the land in question or an easement with a description in writing where appropriate shall be drawn and submitted to the planning commission and city council for approval or disapproval as provided, provided that no rural subdivision shall be platted or approved within the area bounded by U.S. Highway 69 Bypass on the south and east and Business Route 69 on the west.

(b)

Official recording. No plat or other land subdivision instrument shall be filed in the office of the county clerk until it has been approved by the planning commission and by the city council as hereinafter set forth. All final plats shall be filed within one year of the date of approval by the planning commission, and no lots shall be sold from any plat until recorded. Failure to record the plat within one year of the date of planning commission or city council approval, whichever is the later, 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 this article. However, a plat not meeting all of the requirements may be submitted providing the subdivider presents with the plat a written request for specific exception and enumerates in detail the reasons therefor.

(d)

Filing fee. To defray partially the costs of notification and administration procedures, there shall be paid to the city treasurer at the time of submission of the preliminary plat a fee as provided in chapter 48. Where only a portion of an approved preliminary plat is submitted for final approval, a final plat of the remaining area may be submitted at any time within five years of the 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.

(Code 1993, § 62-381; Ord. No. 1492, § 3(art. IV, § 5), 7-27-1976)

(a)

There is hereby created a subdivision review committee, the membership of which shall be made up of one representative of each of the following agencies and such other public officials as the chief administrative officer of the municipality may designate:

(1)

City manager.

(2)

Planning department.

(3)

Planning commission.

(4)

Engineering department.

(5)

Utilities department.

(6)

County health department.

(b)

It shall be the responsibility of the subdivision review committee to meet together, on call of the director of planning who shall serve as chairperson, to review preapplication plans, to study the suitability of the proposed subdivision for the purposes for which it is intended and to submit its findings and recommendations to the planning commission at the time the preliminary plat is to be reviewed by the planning commission.

(Code 1993, § 62-382; Ord. No. 1492, § 3(art. IV, § 1), 7-27-1976)

Not less than 14 days prior to the filing of an application for approval of a preliminary plat, the subdivider shall present to the subdivision review committee the following information:

(1)

A general description of the existing conditions of the site and the suitability of the site for the proposed development. This information may include data on existing covenants and agreements, the availability of utilities and community facilities, the proposed use of each portion of the subdivision, proposed lot sizes and building sites, proposed business areas, playground, park and school sites and other pertinent data as may be needed to supplement the sketches required in subsections (2) and (3) of this section.

(2)

A general location map shall be submitted and shall show the proposed subdivision and its relationship to existing utilities, schools, parks, traffic arteries, and other features that will affect and influence the subdivision such as hospitals, churches, airports, railroads, and shopping and employment centers.

(3)

A sketch plan drawn to approximate scale shall be submitted and shall show topography, using a contour interval of not greater than five feet, the proposed street layout, lots and other planning features. The street and lot plan may be in the form of a freehand pencil sketch.

(Code 1993, § 62-383; Ord. No. 1492, § 3(art. IV, § 2), 7-27-1976)

(a)

Generally. The subdivider shall prepare a preliminary plat for submission to the planning commission. Four copies of the preliminary plat shall be submitted to the office of the city clerk not less than 12 days prior to the meeting at which it is to be considered.

(b)

Certification of design. The preliminary plat shall be accompanied by a statement signed by the registered engineer or register land surveyor preparing the plat that he has, to the best of his ability, designed the subdivision in accordance with the general plan, with which he is completely familiar, and in accordance with the ordinances and regulations governing the subdivision of land except where an exception is requested in writing and the reasons for which are clearly stated.

(c)

Contents. The preliminary plat shall be drawn at a scale of 100 feet to one inch. Whenever this becomes impractical, scales shall be allowed by the city engineer to be adjusted to produce an overall drawing not exceeding 21 inches by 33.5 inches in size between borderlines on a standard 24-inch by 36-inch sheet, but in no case shall the scale be greater than 200 feet to one inch. The preliminary plat shall contain or be accompanied by the following information:

(1)

The scale, north point and date.

(2)

The proposed name of the subdivision.

(3)

The name and address of the owner of record, the subdivision, engineer or surveyor preparing the plat, including registration number.

(4)

A vicinity map showing the location of the proposed subdivision referenced to existing or proposed major streets and to government section lines, and including the boundaries and number of acres of the drainage area of which the proposed subdivision is a part.

(5)

The names, with location of intersecting boundary lines, of adjoining subdivisions, and the location of city limits, if falling within or immediately adjoining the tract.

(6)

Existing and proposed contours established by field survey relating to United States Geological Survey or Coastal and Geodetic Survey benchmark or movement are to be shown on the same map as the proposed subdivision layout. Acceptable contour intervals shall be as follows:

a.

Grades up to five percent: Two feet.

b.

Grades over five percent: Five feet.

(7)

The location of existing buildings, water, watercourses, and the location of dedicated streets at the point where they adjoin and/or are immediately adjacent to the subdivision; provided, however, that the actual measured distances shall not be required.

(8)

Whenever any stream or important surface drainage course is located in the area being subdivided, provision shall be made for an easement that shall include all land that has an elevation below the 50-year maximum flood elevation in accordance with section 62-566(c)(2) and also for the purpose of widening, deepening, realigning, improving or protecting the stream for drainage purposes.

(9)

The length of the boundaries of the tract, measured to the nearest foot, and the proposed location and width of streets, alleys, easements and setback lines and the approximate lot dimensions.

(10)

The location, size and type of sanitary and storm sewers, water mains, culverts, power and natural gas lines and other surface and subsurface structures and pipelines existing within or immediately adjacent to the proposed subdivision, and the location, layout, type and proposed size of the following structures and utilities:

a.

Water mains.

b.

Sanitary sewer mains, submains and laterals. Septic tank systems shall be planned and oriented with respect to abutting streets or alleys so as to minimize exterior plumbing changes needed to connect to a future central sewage collection system.

c.

Storm sewers, culverts and drainage structures.

d.

Street improvements.

(11)

The location of all drainage channels and subsurface drainage structures and the proposed method of all runoff from the proposed subdivision, and the location and size of all drainage easements relating thereto, whether they are located within or outside of the proposed plat.

(12)

The classification of every street within or adjacent to the subdivision in accordance with the intended use of the street based on the proposed design. This shall be done by placing the appropriate term: expressway, primary thoroughfare, secondary thoroughfare, collector, (or minor) directly on each street.

(13)

A certification identifying the date for completion of all utilities including water, sewer, drainage and streets.

(14)

The plan for staged development of any utilities not to be constructed as an entire unit (i.e., phased construction of streets, sewers, waterlines and/or storm drainage).

(d)

Planning commission action. The planning commission shall approve, approve conditionally, or disapprove the plat within 60 days of the date of its submission by the applicant. If the preliminary plat is disapproved or approved conditionally, the reasons for such action shall be stated in writing, a copy of which shall be signed by the planning commission chairperson 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 is taken by the planning commission at the end of 60 days after submission, the plat shall be deemed to have been approved. The reasons for disapproval or conditional approval shall refer specifically to those parts of the general plan or specific regulations 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 applicant may proceed with the staking of streets and roads and with the preparation of a final plat.

(Code 1993, § 62-384; Ord. No. 1492, § 3(art. IV, § 3), 7-27-1976; Ord. No. 1544, § 3, 1-24-1978)

(a)

Generally. A final plat, neatly drawn in ink on tracing cloth, and three darkline prints thereof shall be submitted to the office of the city clerk not less than 12 days before the planning commission meeting at which it is to be considered for final approval. At the same time, there shall be submitted three sets of the proposed plans and specifications for all improvements and the proposed restrictions in final form; provided, however, the final plat may be approved subject to later submission of final improvement plans and specifications.

(b)

Time of submission.

(1)

The final plat of the proposed subdivision shall be submitted to the planning commission and the city council for final approval within one year of the date on which the preliminary plat was approved. If not submitted for final approval within such time, the preliminary plat shall be considered as having been disapproved unless the planning commission agrees to an extension of time. The final plat shall be filed in the office of the county recorder within one year after approval by the city council and planning commission, or if not filed within such time, the approval shall be considered as having been voided.

(2)

In the instance where the means of sewage disposal is proposed by individual septic tank and filter fields, the final plat shall be accompanied by a copy of the state department of health environmental health services soil report for subdivisions or individual sites, or any applicable form which supersedes said form for each lot contained with the final plat. Such form shall be executed by a registered professional engineer or by a registered professional sanitarian.

(3)

In the instance of where the means of sewage disposal is proposed by individual septic tank and filter fields, one print of the final plat denoting the location on each lot where percolation tests have been performed shall be filed with the application for approval of the final plat.

(4)

In the case of a plat proposing the reserving or dedicating of land to be used in common by owners of lots in the subdivision, there shall be submitted by the subdivider evidence acceptable to counsel of the city that all necessary steps have been taken for:

a.

The establishment of some process for adequately maintaining the common property; and

b.

Disposition of the common property in the event of dissolution of the maintenance process which had been previously established.

(c)

Drafting. The final plat shall be drawn at a scale of 100 feet to the inch from an accurate survey and on sheets whose dimensions are 21 inches by 33.5 inches between borderlines. 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 sheets are required for the plat, the key map shall show the number of the sheet for each area. A border of one-half inch surrounding the sheet shall be left blank at the top, bottom, and right-hand side, and a margin of two inches at the left side for binding purposes.

(d)

Contents. The final plat shall show:

(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 lengths and bearings, and the location of boundary lines of adjoining lands, with adjacent subdivisions identified by official names.

(4)

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

(5)

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

(8)

The outline of any property which is offered for dedication to public use fully dimensioned by lengths and bearings, with the area 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 for curvilinear streets and radii for all property returns.

(12)

The proper acknowledgments of owners and the consent by the mortgagee to plat restrictions.

(13)

The following which shall be made and shown on the cloth tracing:

a.

Owner's certificate and dedication, signed.

b.

Certificate of survey, executed with registered engineer's or registered land surveyor's 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 recorder of deeds which directly affect the land being subdivided.

e.

Certificate of planning commission approval.

f.

Certificate of city council acceptance of ways, easements, and public land dedications.

g.

Treasurer's certificate.

(14)

A title which shall include:

a.

Name of the subdivision.

b.

Name of city, county and state.

c.

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

(15)

A notification to any purchaser of any lot contained in the plat that the city will not issue a building permit for construction of any private improvements thereon until all public utilities guaranteed by and contained in the plat have been completed to that lot and a certificate of completion of utilities has been issued by the city engineer.

(16)

The plan for staged development of any utilities not to be constructed as an entire unit (i.e., phased construction of streets, sewers, waterlines, and/or storm drainage).

(17)

A separate instrument reflecting the restrictive covenants imposed on the subdivision, provided that said restrictive covenant shall not be in violation of any applicable law of the United States, the state or the city, and further provided that in all instances where a tract of two or more acres is being platted, said restrictive covenant shall contain the following provision:

"No lot, herein described, may be resubdivided into three or more lots or ownerships without first being resubdivided and replatted in accordance with the applicable plat preparation and approval procedure of the ordinances of the City of McAlester."

(18)

A separate instrument reflecting the restrictive covenants imposed on the subdivision, provided that the restrictive covenant shall not be in violation of any applicable law of the United States, the state or the city, and further provided that in all instances where the subdivision is a rural subdivision said restrictive covenant shall contain the following provision:

"No lot, herein described, may be resubdivided into two or more lots or ownerships without first being resubdivided and replatted in accordance with the applicable plat preparation and approval procedure of the ordinances of the City of McAlester."

(e)

Planning commission action. The planning commission shall act upon the final plat within 45 days after it has been submitted for final approval. This approval and the date thereof shall be shown on the plat over the signature of the planning commission chairperson or secretary member. 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 45 days after submission, the plat shall be deemed to have been approved. A certificate by the city clerk as to date of submission of the plat for final approval and failure of the planning commission to act thereon within such time shall be sufficient in lieu of written endorsement of approval. 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 general plan or ordinance with which the plat does not comply.

(f)

City council action. Before recording the final plat, it shall be submitted to the city council for approval and for acceptance of public ways and service and utility easements and land dedicated to public use. This approval of the plat shall be shown over the signature of the mayor and attested to by the city clerk or his deputy. The disapproval of any plat or plan by the city council shall be deemed a refusal of the proposed dedication shown thereon.

(g)

Recording of plat. After final approval of the plat and the affixing of all required signatures on the original tracing, the subdivider shall provide the code administrator with two darkline prints thereof, and one contact reproducible cloth tracing, such tracing to be filed with the city engineer. The applicant, accompanied by a representative of the city, shall file the original tracing with the county clerk, and the applicant shall pay all required filing fees.

(Code 1993, § 62-385; Ord. No. 1492, § 3(art. IV, § 4), 7-27-1976; Ord. No. 1544, § 3, 1-24-1978)

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

(1)

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

(2)

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

(3)

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

(4)

Design and circulation. 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 major street and expressway plan. Arterial streets should be located on the perimeter of the residential neighborhood.

b.

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

c.

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

d.

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

e.

Sidewalk improvements. Sidewalks may be required along officially designated major streets where deemed essential for public convenience or safety by the city council. All required sidewalks and crosswalks shall be paved and shall be constructed in accordance with standards established by the city council. Construction shall be under the supervision of the city engineer, and shall be subject to his approval.

(5)

Minimum standards. Minimum standards for development are contained in the zoning ordinance, the building code, and in this article. However, the general plan expresses policies designed to achieve optimum quality of development in the urban area. If only the minimum standards are followed, as expressed by the various ordinances regulating land development, a standardization of development will occur. This will produce a monotonous urban setting. Subdivision design should be of a quality to carry out the purpose and spirit of the policies expressed in the general plan and in this article rather than be limited to the minimum standards required herein.

(Code 1993, § 62-396; Ord. No. 1492, § 3(art. II, § 1), 7-27-1976)

(a)

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

(1)

Major streets shall be planned to conform with the major street and expressway plan.

(2)

Whenever a subdivision abuts or contains an existing or proposed major street, the planning commission may require service streets, reverse frontage with screen planting contained in a 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 through and local traffic.

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

Street jogs with centerline offsets of less than 150 feet should be avoided.

(9)

Street right-of-way widths shall be in accordance with the city transportation plan, and where not otherwise designated, it shall be the responsibility of the developer to dedicate rights-of-way to provide a width of not less than the following:

a.

Major streets:

1.

Primary arterial: 100 feet.

2.

Secondary arterial: 80 feet.

b.

Minor streets:

1.

Collector: 60 feet.

2.

Urban local (residential): 60 feet.

3.

Rural local: 60 feet.

4.

Cul-de-sac: 50-foot radius.

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

(10)

In general, the design criteria as set forth in table 1 shall be followed in the layout and design of major and minor streets. All collector streets shall have a paved surface not less than 32 feet in width, measured from face-to-face of curbs; and all other minor streets shall have a paved surface of not less than 27 feet in width, measured from back-to-back of curbs. All construction shall be in accordance with the street construction specifications of the city.

(11)

A cul-de-sac should not exceed 500 feet in length, measured from the entrance to the center of the turnaround, and if more than 150 feet in length shall be provided with a turnaround having a radius of not less than 50 feet at the property line and not less than 40 feet at the curbline.

(12)

Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of this article; and provided that the planning commission finds it will be practical to obtain the dedication of the other half of the street easement when the adjoining property is subdivided. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within the tract which is being subdivided.

(13)

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

(14)

No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the planning commission.

(15)

Vehicular entrances to commercially or industrially zoned or used areas shall be no closer to the intersection of adjacent streets and roads than 100 feet measured along the curb from the outside limits of the curbline extended to the closest curb of the drive.

(16)

The grades of all streets shall not exceed the following, except where unusual topographic conditions justify, in the opinion of the planning commission, a modification of these standards:

No street shall be less than 0.3 percent.

(b)

Alleys.

(1)

Alleys shall be provided in commercial and industrial districts, except that the planning commission may waive this requirement where other definite and ensured provision is made for service access, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed.

(2)

Alleys serving commercial and industrial areas shall not be less than 20 feet in width.

(3)

Alleys are not required for residential areas, but when provided shall not be less than 20 feet in width.

(4)

Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement.

(5)

Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities at the dead end, as determined by the planning commission.

(c)

Easements.

(1)

Where alleys are not provided, easements not less than ten feet wide shall be provided along each rear lot line, and along side lot lines where necessary for use by public and private utilities. The planning commission may require aerial easements and easements of greater width for the extension of main storm and sanitary sewers and other utilities where it is deemed necessary.

(2)

Where a subdivision is traversed by a watercourse, drainage channel, or stream, there shall be provided a right-of-way for drainage and public parks and public utility purposes adequate to contain all of the runoff from a 50-year maximum flood. The right-of-way shall include all of the land within the subdivision that has an elevation below the 50-year maximum flood elevation which shall be calculated in accordance with, and shall be adequate to provide for, the drainage requirements of the ordinances and regulations relating thereto. This shall not be interpreted as prohibiting the reclamation of lands subject to flooding by filling or by other appropriate means.

(d)

Public areas and open spaces. Public parks, playgrounds, school sites and other public areas and open spaces shall be provided in accordance with the requirements and standards set forth in the general plan and in the ordinances relating thereto.

(e)

Blocks.

(1)

The lengths, widths and shapes of blocks shall be determined with due regard for the following:

a.

Provision of adequate building sites suitable to the special needs of the type of use contemplated.

b.

Zoning requirements as to lot sizes and dimensions.

c.

Needs for convenient access, circulation, control and safety of street traffic.

d.

Limitations and opportunities of topography.

(2)

Blocks for residential use shall not be longer than 1,800 feet, measured along the centerline of the block. When a block exceeds 600 feet in length, the planning commission may require a dedicated easement not less than 15 feet in width and a paved crosswalk not less than four feet in width to provide pedestrian access across the block.

(3)

Blocks used for residential purposes should be of sufficient width to allow for two tiers of lots of appropriate depth. Blocks intended for business and industrial use should be of a width suitable for the intended use, with due allowance for off-street parking and loading facilities.

(f)

Lots.

(1)

Residential lots other than lots for townhouses shall be not less than 50 feet in width at the front building line and shall abut a street a distance of not less than 35 feet, except that a corner lot shall be not less than 60 feet in width at the front building line.

(2)

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

(3)

The depth of residential lots other than lots for townhouses shall not be less than 120 feet.

(4)

The area of residential lots other than lots for townhouses shall not be less than 6,000 square feet.

(5)

Lots for townhouses shall have a width, depth, and area of not less than that required by article IV of this chapter for the zoning district in which the townhouses are to be located.

(6)

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, and no individual parcel shall be created for a particular commercial or industrial use that has an area, width or depth that is less than is required for the permitted use under the applicable provisions of the zoning ordinance.

(7)

Double frontage and reverse frontage lots should be avoided except where they are needed to provide for the separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten feet shall be provided along the portion of the lots abutting such a traffic artery or other use where screening is required. There shall be no right of access across a planting screen easement. At the discretion of the planning commission, the developer may substitute for an easement and a planting screen a permanent ornamental fence of a height and architectural design which will appropriately screen and be harmonious with residential or other neighborhood elements.

(8)

In residential subdivisions where septic tanks or individual sewage disposal devices are to be installed, the area of the lot shall not be less than 20,000 square feet and the width of the lot at the front building line shall not be less than 100 feet. The minimum size lot for a rural subdivision will be no less than two acres.

(g)

Building lines. Building lines shall be provided for all residential subdivisions as follows:

(1)

A front building shall be located 25 feet back of the street right-of-way line.

(2)

A side yard building line on the side of a corner lot abutting the street shall be located not less than 15 feet back of the street right-of-way when such lot is back to back with another corner lot and not less than 25 feet back of the street right-of-way in every other case.

(3)

A side yard building line shall be provided not less than ten feet back of a crosswalk right-of-way line on the side of a lot abutting a midblock crosswalk.

(4)

Restrictions requiring buildings to be located within the building lines shown on the plat shall be set forth on the plat or on a separate recorded instrument.

(h)

Neighborhood unit development. Whenever a subdivision is developed as a neighborhood unit, wherein adequate park or playground area is provided, through traffic is cared for adequately and the majority of the minor streets are of the cul-de-sac or loop type, the planning commission may vary the requirements of this article in order to allow the subdivider more freedom in the arrangement of streets and lots, but at the same time protect the convenience, health, safety and welfare of the probable future residents of the subdivision as well as the character of the surrounding property and the general welfare of the entire community. However, in no case shall the lot area be less than 6,000 square feet for detached single-family dwellings.

(i)

Flood hazard prevention.

(1)

All subdivision proposals shall be consistent with the stated purpose and objectives of this article and those of article V, division 3 of this chapter.

(2)

All proposals for the development of a subdivision shall meet the following standards:

a.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

b.

All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

c.

All new construction or substantial improvements shall be constructed with material and utility equipment resistant to flood damage.

d.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

e.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the systems into the floodwaters.

f.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(3)

Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than 50 lots or five acres, whichever is the lesser.

(4)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

(5)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

(Code 1993, § 62-397; Ord. No. 1492, § 3(art. II, § 2), 7-27-1976; Ord. No. 1547, § 3(2), 2-28-1978; Ord. No. 2466, § 1, 6-11-2013)

All improvements shall be designed and installed in accordance with all of the elements of the general plan and shall meet the minimum standards established by the ordinances and regulations relating thereto.

(Code 1993, § 62-411; Ord. No. 1492, § 3(art. III, § 1), 7-27-1976)

(a)

Plans for the improvements required in this division shall be prepared by the city engineering department or by a qualified engineer, registered in the state. Two sets of prints of the proposed plans and specifications for all improvements shall be filed with the city clerk. One set of as-built plans and specifications, certified and signed by an engineer registered in the state, shall be filed with the city clerk prior to the acceptance by the city council of any improvement installed by the subdivider.

(b)

In lieu of completion of the improvements herein required, the subdivider shall file a surety bond with the city clerk to secure to the city the actual construction of such improvements according to specifications within a reasonable period of time from the date of approval of the final plat. This period of time shall be identified upon the filing of the preliminary and final plats in accordance with sections 62-542 and 62-543. Such bond shall be in the amount of 100 percent of the estimated cost of the improvement as determined by the council and in such form and with conditions satisfactory to the council; provided, however, that no building construction shall be permitted on any lot that does not comply with the provisions of these regulations and other applicable elements of the master plan of the city, and no municipal utility service will be furnished to such lot; and further provided that in any case where the council does not require a bond for the improvements required herein, the subdivider shall furnish his written undertaking guaranteeing to the council the actual construction of such improvements as herein provided and shall be liable to the city for the cost of reimbursement for such improvements in the event of failure to perform.

(Code 1993, § 62-412; Ord. No. 1492, § 3(art. III, § 2), 7-27-1976; Ord. No. 1544, § 1, 1-24-1978)

All improvements shall be designed and installed such as to provide for a logical system of utilities, drainage and streets and to create continuity of improvements for the development of adjacent properties. If utility improvements, including streets, are to be staged as development occurs, then the staging plan requires approval by the city council at the time of acceptance of the preliminary and final plats.

(Code 1993, § 62-413; Ord. No. 1492, § 3(art. III, § 3), 7-27-1976; Ord. No. 1544, § 1, 1-24-1978)

Each block and subdivision corner shall be marked with iron pipes or pins not less than one-half inch in diameter and 24 inches long at least one inch below finished grade.

(Code 1993, § 62-414; Ord. No. 1492, § 3(art. III, § 4), 7-27-1976)

The subdivider of any subdivision designed to be used for residential, commercial, industrial or other purposes shall lay out, grade 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 and in accordance with the following provisions:

(1)

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

(2)

Whenever a subdivision contains a major street that requires a street facility that is more costly than is required to serve the future occupants of the subdivision, the subdivider shall be required to pay only the portion of the cost of the major street that would equal the cost of an improvement required to serve only the subdivision, as determined by the city council.

(3)

All driveways which connect with public streets shall be constructed in accordance with the transportation plan of the city.

(4)

Streets in rural developed areas shall be improved in compliance with the applicable standards and specifications of this Code relating to streets in rural areas.

(Code 1993, § 62-415; Ord. No. 1492, § 3(art. III, § 5), 7-27-1976)

The subdivider shall install waterlines and fire hydrants, and installation shall be in accordance with the specifications for waterline construction, applicable to the city.

(Code 1993, § 62-416; Ord. No. 1492, § 3(art. III, § 6), 7-27-1976)

The subdivider shall install sanitary sewers, and installation shall be in accordance with the specifications for sanitary sewer construction applicable to the city. If sewer lines are not within a reasonable distance, as determined by the city, permission may be granted for use of septic tanks in accordance with the following provisions:

(1)

A lot on which a unit disposal system is located shall not be less than 20,000 square feet in area.

(2)

No portion of any unit disposal system shall be located closer than 20 feet to the lot line of the lot on which the system is located.

(3)

In the instance where individual sewage disposal is proposed by means of septic tank and filter fields, each lot, block or tract shall have a suitable location for such treatment system evidenced by one or more percolation tests, the number of such tests for each lot to be determined by the city engineer and the registered professional sanitarian of the county health department. The percolation tests must meet minimum requirements of both federal and state department of health regulations in effect at the time of construction.

(4)

The provisions herein set forth shall apply regardless of the zoning district or area of the tract of land involved; provided, however, that at such time as city sewer service becomes available and is installed within 300 feet of the tract of land involved, the property owner shall connect to same as required by ordinance.

(Code 1993, § 62-417; Ord. No. 1492, § 3(art. III, § 7), 7-27-1976)

Storm sewers and drainage shall be provided in accordance with the specifications contained in the ordinances and regulations relating thereto.

(Code 1993, § 62-418; Ord. No. 1492, § 3(art. III, § 8), 7-27-1976)

(a)

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 area of common use or benefit which are not or cannot be satisfactorily maintained by an existing public agency, provision shall be made which is acceptable to the city council for the proper and continuous operation, maintenance and supervision of such facilities.

(b)

Prior to the acceptance of required improvements by the city council, the developer or contractor shall be required to provide a maintenance bond in such form, and guaranteed by, such assurances as the city council may approve. The bond shall be filed with the city clerk and shall be payable to the city. The amount of the bond shall be equal to 15 percent of the entire cost of materials and labor for all waterlines, sewer lines, paving, grading and drainage improvements for the required period of time. The duration of the maintenance bond shall be five years for urban streets and three years for water, sanitary sewer and storm sewer improvements from the date of acceptance of the improvements by the city council.

(Code 1993, § 62-419; Ord. No. 1492, § 3(art. III, § 9), 7-27-1976)

(a)

The city council, after consultation with 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. In such cases a plan for a system of sidewalks and walkways shall be prepared that will provide adequate pedestrian walkways within a residential or commercial subdivision or portion thereof with consideration given to sidewalk connections with all of the community facilities and commercial enterprises located within or adjacent to the subdivision, and in a manner that will provide convenient pedestrian circulation throughout the neighborhood or area in which the subdivision is located.

(b)

Sidewalks and walkways required by this division shall be completed either:

(1)

At the time the streets are installed; or

(2)

On each lot or parcel of land subsequent to the improvement of said lot or parcel of land, but prior to the final inspections of such improvements by the city engineer.

(c)

All sidewalks so required 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 will not exceed ten percent and be not less than two percent, and the sidewalk shall have a transverse slope of not to exceed two percent.

(3)

All sidewalks shall be located within street rights-of-way. Placement within the street right-of-way shall be at the discretion of the city engineer and/or city planner who shall take into consideration the factors of safety, adjacent sidewalk location, topography and landscape. On curvilinear streets, the alignment shall generally be an equal distance from the back of the curb. The minimum radius of a horizontal curvature shall be 15 feet measured along the centerline of the sidewalk. The maximum grade of a sidewalk shall not exceed ten percent. Steps should be avoided wherever possible and may be installed only after obtaining the written approval of the city engineer.

(d)

No dwelling unit or business establishment shall be occupied until required sidewalk construction is completed, inspected and accepted by the city.

(Code 1993, § 62-420; Ord. No. 1492, § 3(art. III, § 10), 7-27-1976)

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The following are street design standards within the city:

TABLE 1. DESIGN STANDARDS FOR McALESTER STREETS

Note: All streets shall have six-inch curbs and enclosed storm drainage, plus six-inch for local residential streets, six-inch for local commercial streets.

(Code 1993, ch. 62, table 1)

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