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 chapter would result in substantial hardship or inequity, the Planning Commission, with the approval of the City Council, may vary or modify, except as otherwise indicated, such requirements of design, but not of procedure or off-site improvements, so that the subdivider may develop his property in a reasonable manner, but so, at the some time, the public welfare and interests of the City are protected and the general intent and spirit of this chapter preserved. Such modification may be granted upon written request of the subdivider his engineer, stating the reason for each modification, and may be approved by two-thirds (2/3) vote of the regular membership of the Planning Commission, subject to the acceptance of the plat and the dedications thereon by the City Council; provided, however, that a variation based on unique condition(s) shall not be granted when the unique condition(s) was created or contributed to by the subdivider.

A.

The purpose of this section is to allow, in some cases, the issuance of a building permit and the subsequent construction or improvement of a single family dwelling unit located on a platted lot or lots in a subdivision filed of record but serviced by substandard or inadequate off-site improvements as required by this chapter.

B.

An applicant shall not be denied a building permit for the reason that all required off-site improvements are not in place if all of the following conditions exist:

1.

The total area of the land for which the building permit is sought is included within a plat filed of record on or before the adoption of this code;

3.

Twenty-five percent (25%) or more of the total number of lots within the subdivision have been developed;

3.

The lot for which the building permit is sought is accessible from street right-of-way adjacent and abutting the lot and the lot is served by either an alley or an adequate utility easement;

4.

The method of sewage disposal is by connection to the City sanitary sewer system;

5.

No structure or any part thereof is to be located at or below the elevation of the one hundred (100) year flood plain; and

6.

Water lines and fire hydrants are in place as a part of the City system.

The exemptions described in this section are intended to facilitate the limited conveyance of simple property divisions and to allow minor adjustments to be made to lot lines of slatted lots. It is not intended that extensive subdivision be accomplished by use of this section. For the purposes of this section, the phrase "extensive subdivision of land" shall apply only to platted land. Under the short form plat process, extensive replatting for general guidelines should mean no more than twenty percent (20%) of the total number of original lots should be created through the short form plat process. An increase in the number of lots over twenty percent (20%) of the original number of lots should be accomplished by following the Oklahoma Statute on vacating plats.

A.

Short Form Plat. Whenever there is a tract, parcel or lot which is to be subdivided into three (3) or fewer tracts, parcels or lots, the proposed subdivision may be exempt from any procedural provision of these regulations, and a preliminary and final plat may not be required.

1.

Subdivision of tract, parcel, or lot shall be defined as a Short Form Plat under the following conditions and must meet the requirements described herein:

a.

No more than three (3) tracts, parcels or lots shall be created or approved based on the original legal description submitted at the time of original application for land subdivision.

b.

For the land subdivision, excluding commercial and industrial, described immediately above, said land shall not be resubdivided for a period of one (1) year from the date of creation or approval of the short form plat, unless it is fully platted under Subdivision Regulations.

2.

Procedure for Short Form Plat approval shall be as follows:

a.

Application for Short Form Plat approval shall be filed with the City Clerk on forms supplied by the City.

b.

The application shall consist of:

1.

The deed, with legal description to be approved.

2.

Copy of original deed.

3.

A certified survey consisting of boundary lines, all improvements and easements, the legal description of the original tract, parcel or lot, and all new tracts, parcels or lots created, shall be prepared by a land surveyor registered in the State of Oklahoma.

4.

Deeds of tracts, parcels or lots bordering the proposed lot if deemed necessary by the Commission.

c.

The City shall review the proposed Short Form Plat to ensure compliance with all design and improvement requirements of these regulations and shall forward the application for a Short Form Plat for consideration at the next regular meeting of the Planning Commission.

d.

Upon approval of the Short Form Plat by the Planning Commission, and when necessary the City Council, deeds associated with the Short Form Plat shall be signed by a designated official of the Planning Commission. The Planning Commission shall be responsible for selecting the official who will be authorized to sign deeds.

e.

If the application is denied, the reasons for denial shall be stated in writing with reference made to the express provision of regulations to which the proposed Short Form Plat does not conform, and shall be transmitted to the applicant. Denial may be based upon objection of a majority of the property owners of any platted property.

f.

Whenever a deviation is required from the improvement requirements contained herein or additional street easement/rights-of-way or drainage easement/rights-of-way are to be dedicated, the action of the Planning Commission shall be forwarded to the City Council for their approval and acceptance of dedication.

g.

If the application is denied by the Planning Commission, an appeal may be made to the City Council.

3.

Improvements required. The following requirements are mandatory for Short Form Plats:

a.

All current subdivision regulations shall be met, including all Planning and Zoning Codes and regulations relating to the improvements of streets and the installation of water, sewer and drainage facilities, unless otherwise stated in these regulations.

b.

Paving. The City shall require the installation of street paving in accord with City standards with the application for a Short Form Plat, if the paving does not already exist, except that the Planning Commission and City Council may vary that requirement when the following conditions exist:

1.

A residential tract, parcel or lot on an approved paved and curbed Public Street.

2.

A residential tract, parcel or lot on a concrete or asphalt surface, but not necessarily curbed, road.

3.

When it would be impractical to require paving because the property is abutting a street included within a funded street improvement program approved by the City.

c.

Sanitary Sewer. Upon application for a Short Form Plat, the City shall require the extension and installation of sanitary sewer lines as required in Sections 12-641 and 12-654. If a subdivided tract, parcel or lot is not in conformance with the above-mentioned Sections, a septic system may be utilized under the following conditions:

1.

Approval of the construction of a private system is acquired from the Oklahoma Department of Environmental Quality; and

2.

The septic system shall be installed and inspected in accordance with the Oklahoma Department of Environmental Quality; and

3.

Minimum lot sizes shall be as required by the Oklahoma Department of Environmental Quality.

d.

Drainage. The City shall require drainage improvements and easements as respects this tract, parcel or lot as required by this code.

Except that the Planning Commission and the City Council may vary the paving easement requirements on secondary channels under the following conditions:

1.

The present development and improvement patterns within the area would render any improvements installed at this time ineffective.

2.

The topography of the area is such that the exact size and location of drainage improvements cannot be determined at this time.

3.

The Planning Commission and the City Council may authorize the City Engineer to require necessary on-site cleaning, grading, and straightening to improve water flow at the time of building permit application.

e.

Water. The City shall require the extension and installation of water mains to serve this tract, parcel or lot as required by Sections 12-641 and 12-657.

If a private water well is utilized, then it shall meet the following conditions:

1.

Approval of water well drilling by the Oklahoma Department of Environmental Quality, and acquiring a permit from the City Council for a private water well.

2.

All private water wells must meet the locational criteria and established by the Oklahoma Department of Environmental Quality and the Oklahoma Water Resources Board for the construction of private water wells.

4.

Other Standards Required. The following requirements shall be mandatory for Short Form Plats.

a.

Tracts, parcels or lots must meet the lot width requirement of the particular zoning district in which it is located. However, in no case shall Short Form Plats for property zoned agricultural or residential districts be approved unless the tracts, parcels or lots involved in the Short Form Plat have a minimum of 200 feet of frontage and 87,120 square feet when the lot submitted for deed approval gains its primary access from an arterial road. Should a Short Form Plat be approved with double frontage, a "Limits-of-No-Access" shall be required along any major street.

b.

If in the event, by the design of the proposed Short Form Plat, there is to be created any landlocked tracts, parcels, or lots, the subdivider will be required to submit for approval preliminary and final plats as required in Sections 12-601 et seq., and all requirements of those aforementioned sections shall apply. Under these circumstances, the preliminary and final plats may be submitted simultaneously for review and forwarding on to the Planning Commission and City Council.

c.

If the area of the proposed Short Form Plat is entirely within a platted subdivision filed of record, the subdivider may create the tracts, parcels, or lots by submitting an amended plat of said subdivision for review and approval by the Planning Commission and City Council. Said amended plat shall conform to the regulations for the subdivision of land.

5.

Fees for Short Form Plats. An application fee established by resolution of the City Council shall be paid at the time of filing of any Short Form Plat. This fee shall be paid to the City Clerk at the time of the application for a Short Form Plat. The application fee is not refundable.

B.

Lot Line Adjustments. The purpose of this section is to allow adjustments to be made to lot lines of platted lots for the purpose of adjusting the size of the building sites; however, extensive replatting shall not be accomplished by use of this section.

1.

Exceptions to these regulations designated as lot line adjustments shall not violate any of the provisions of these regulations as to requirements for design or improvements and shall constitute only procedural exceptions as herein stated. Lot line adjustments shall be allowed under the following conditions:

a.

No additional tract, parcel or lot shall be created by any lot line adjustment.

b.

No lot line adjustments shall be allowed unless all required improvements and any required off-site improvements are either completed and accepted by the City or their construction is secured under applicable sections of this code.

c.

All proposed residential dwelling sites contained in a proposed lot line adjustment shall have a width at the front building line which is equal to or greater than the narrowest width lot, measured at the front building line, which fronts on the same street as said proposed dwelling site and which is located within the same block or is across the street from the same block in which said dwelling site is located. However, this Section shall not be interpreted to deny eligibility for lot line adjustment exceptions which meet all other criteria of these regulations and are located on cul-de-sacs.

d.

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

e.

Unusable tracts, parcels, or lots shall not be created because of any lot line adjustment.

2.

Procedure for lot line adjustments shall be as follows:

a.

Application for deed approval shall be filed with the City Clerk on forms supplied by the City.

b.

The application shall consist of:

(1).

The deed, with legal description, to be approved.

(2).

Copy of original deed.

(3).

A certified survey consisting of boundary lines, all improvements and easements, the legal description of the original tract, parcel or lot, and all new tracts, parcels or lots created, shall be prepared by a land surveyor registered in the State of Oklahoma.

(4).

Deeds of tracts or lots bordering the proposed lot if deemed necessary by the Director.

c.

The Planning Commission is hereby empowered to approve lot line adjustments. Approval of a request shall be signed by the Chairman. Any disapproved request may be appealed to the City Council.

(1).

Lot line adjustments in substandard subdivision. For lot line adjustments located in substandard platted subdivisions, said lot line adjustments shall meet the same improvement requirements as required by Short Form Plats.

(2).

Fees for lot line adjustments. A fee established by resolution of the City Council shall be paid to the Clerk for an application for a lot line adjustment. This fee shall be paid at the time of submission of the application for the lot line adjustment. The application fee is not refundable.

C.

Exemptions From Short Form Plats and Lot Line Adjustment Requirement. Tracts, parcels or lots created under one of the following conditions shall be exempt from short form plat and lot line adjustment requirements and may be approved administratively by those so designated by the Planning Commission. This exemption shall not be construed so as to permit further subdivision of said tract, parcel or lot. Any further subdivision of aid tract, parcel or lot shall comply with the Short Form Plat or Lot Line Adjustment Requirements, whichever is applicable.

1.

The configuration of the tract, parcel or lot to be conveyed or created by a court decree or by an action of other governmental authority. Documentation of such court decree or governmental action shall be required for approval.

2.

The deed submitted is exempted from the requirements of Planning Commission approval by any provision of State Law. Documentation of such shall be required.

3.

The configuration of the tract, parcel or lot to be conveyed was in existence prior to the City annexing said property and affidavit will be prepared by the City Clerk.

A.

Before any person shall be authorized to construct a private roadway easement within the limits of the City, the person must obtain a permit from the City Council as follows:

1.

Initial filings:

a.

Preliminary or short form plat, prepared in conformity with this code of the City and the statutes of the state must be filed with the City clerk and presented to the Planning Commission:

(1).

Must reflect that correct zoning of the property;

(2).

Must reflect that tracts abutting private roadway easements contain not less than two (2) acres excluding roadway easements;

(3).

Must reflect the private roadway easements are at least fifty (50) feet in width;

(4).

Must reflect that no point of the land to be platted is within one-half (1/2) mile from sewer and water facilities furnished by the City; and

(5).

Must have emblemized on its face, clearly conspicuous, a notice that the streets and drives have not been dedicated to the public and that the streets shall be maintained by the private property owners within the subdivision but that the streets shall always be open to the police, fire and other official vehicles of all state, federal, county and municipal agencies;

(6).

An application for permit to construct private roadway easements filed with the City clerk must accompany preliminary plat on the form provided by the City clerk; and

(7).

All other requirements of the Subdivision Regulations of the City which are not inconsistent with these provisions governing private roadway easements shall be met.

2.

An application, on a form provided by the City clerk, for permit to construct private roadway easements shall be filed with the City clerk along with the map survey; and

3.

A filing fee established by resolution of the City Council must accompany the application;

4.

Planning Commission action:

a.

The application for permit to construct private roadway easements shall be placed on the agenda of the next regular meeting of the Planning Commission subsequent to the filing with the City clerk; and

b.

At the first meeting with the Planning Commission, the Planning Commission shall review the map to assure that it conforms to the requirements of the code; and

c.

The Planning Commission will retain an engineer or request the City Engineer to make recommendations to it as to the adequacy of the proposed construct of the private roadway easements applied for is sufficient to place same in good "all weather" condition; and

d.

At the next regular meeting of the Planning Commission it will make written recommendations to the City Council stating:

(1).

Whether or not a permit to construct private roadway easements should be granted and, if not, stating the reasons therefore; and

(2).

Stating the construction requirements of the proposed private roadway easements;

5.

City Council action:

a.

At the next regular meeting of the City Council following the receipt of the recommendations of the Planning Commission, the City Council shall:

(1).

Review the map survey;

(2).

Review the application for permit to construction private roadway easements; and

(3).

If the Planning Commission has recommended that issuance of the permit to construct private roadway easements and if all requirements of law have been met, the City Council shall approve the application and cause to be issued a permit to construction private roadway easements according to the specifications as provided for by the Planning Commission which permit shall be issued upon the applicant's having filed with the City Clerk a performance bond with surety approved by the City Clerk to ensure the actual construction of the private roadway easements according to the specifications and conditions provided by the Planning Commission, the construction to be completed within a period of time not to exceed two (2) years from the date of the issuance of the permit to construct private roadway easements. The bond shall be in the amount of one hundred fifty percent (150%) of the estimated cost of the private roadway easements as determined by the Planning Commission; and

6.

After issuance of permit to construct private roadway easements:

a.

When the private roadway easements have been completed by the applicant, the applicant shall so advise the Planning Commission and request an inspection of same to be assured that the private roadway easements have been constructed in conformity with the specifications and conditions provided by the Planning Commission;

(1).

At such time as the Planning Commission has approved the construction of the private roadway easements by the applicant, the Planning Commission shall advise the City Council, in writing of its approval;

(2).

After approval of the final construction by the City Council, the City Clerk shall accept the filing of building and occupancy permits.

B.

No building or occupancy permits shall be issued by the City Council of the City to persons who own land abutting a private roadway easement unless a conspicuous sign is posted at the entrance or entrances of the subdivision stating:

"Private roadway not maintained by the City of Noble."

Nor shall the City Council of the City issue any building permits or occupancy permits to persons who own property abutting a private roadway easement unless a conspicuous sign is posted at the entrance or entrances of the subdivision condition.

C.

In the event the City Council shall determine that a private roadway easement is in such condition that it is in need of repair and constitute a hazard to vehicles and persons who travel thereupon as well as to police, fire and other official vehicles of all state, federal, county and municipal agencies, the City Council shall make an ultimate finding that the private property owners within the subdivision have failed to maintain the private roadway easements in such condition as required to keep the private roadway easements open to police, fire and other official vehicles of all state, federal, county and municipal agencies and having made the ultimate finding the City Council shall barricade and prevent vehicle travel at the point where the private roadway easements intersect with dedicated streets of the City and county roads and shall keep the barricades erected until such time as the private roadway easements have been repaired so that travel thereupon no longer constitutes a hazard.

D.

At any time after the City recognizes and permits the use of private roadway easements, a petition of at least sixty percent (60%) of the owners, in area, to improve and dedicate the street shall bind all of the owners thereby to permanently improve the street or roadway in compliance with the requirements of the City for dedicated streets.

E.

The Planning Commission of the City may require the developer of any subdivision to reserve appropriate utility easements for water, sewer and any other utility installations as may be required for present and future development.

F.

To assure that all purchasers of tracts abutting private roadway easements have knowledge of the existence of and requirements of this code, the owner may be required by the City, prior to being provided with a building or occupancy permit on any property which abuts a private roadway easement, to sign a statement prepared on a form provided by the City Clerk to the effect that he has read Section 12-678 of this code and that he understands its terms.

G.

The provisions of this section of the code shall be deemed separable and in the event any part hereof shall be finally adjudicated to be void neither the whole article nor any part thereof shall be deemed void or invalid.