A.

The subdivision of land is the first step in the process of urban development. The regulation of land subdividing within a formalized procedure provides for the evolution of a contract between the landowner (developer) and governmental entity acting in behalf of the public and for the benefit of subsequent individual owners and/or tenants. Precise commitments concerning a described geographic area of proposed urban development are specifically set forth in relation to and in accord with graphic and written documentation as filed of record.

B.

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

C.

In construing this chapter, it is intended that these provisions be administered so as to create an environment which will provide the setting for the accomplishment of the best possible quality of life for all of the citizens of the City and in a manner that will ensure the minimum adverse effect to the environment.

D.

This chapter is designed, intended and should be administered in a manner to:

1.

Implement the future Noble General Plan in relation to:

a.

The use of land and land use relationships;

b.

The transportation system including but not limited to highways, streets, alleys, bicycle paths, bicycle lanes, sidewalks;

c.

Community facilities including recreational and educational facilities, fire stations, etc.;

d.

The extension or expansion of the sanitary sewer system including adequate easements to accommodate lines and facilities;

e.

The extension or expansion of the water distribution system and the provision of fire hydrants including adequate easements to accommodate lines and facilities;

f.

The appropriate disposition of surface runoff water; and

g.

The accommodation of all other utilities within adequate easements.

2.

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

3.

Harmoniously relate the development of the various tracts of land to existing urban development and facilitate the future development of adjoining tracts;

4.

Provide that the cost of improvements which primarily benefit the tract of land being developed be borne by the owners or developers of the tract;

5.

Provide the best possible design for the tract;

6.

Resolve any differences of interest;

7.

Establish adequate, accurate and accessible public records of land subdivision; and

8.

Ensure a maximum effort for the protection of the environment and to encourage, in the development of land, the minimum adverse effect thereto.

E.

This chapter intends to require that all land located in the City be platted in conformance with these provisions prior to the actual accomplishment of urban and suburban development and that an approved final plat shall be filed of record prior to the issuance of a required building permit for the development of any and all institutional, industrial, commercial and urban and suburban residential uses.

In order to promote the health, safety and general welfare of present and future residents, and to bring about the coordinated, efficient and economic development of the City, the following regulations for the subdividing and developing of land within its corporate limits are adopted pursuant to all of the powers and authority derived from the constitution and statutes of the state.

This chapter shall apply to the following forms of subdividing and/or developing of land within the corporate limits of the City:

1.

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

2.

The redividing of previously platted land in tracts, lots, sites or parcels, any part of which, when redivided, shall contain less than ten (10) acres in area;

3.

The dedicating, vacating or reserving of any public or private easement through any tract of land regardless of the area involved, including those for use of public and private utility companies;

4.

The dedicating or reserving of any street or alley or any part thereof through any tract of land regardless of the area involved;

5.

Planned unit development as defined in this code;

6.

The development of any parcel of land classified by zoning district as multifamily;

7.

Any commercial or industrial development regardless of the size of the lots; and

8.

Any tract, lot, site or parcel of land, regardless of size, which is to be developed and on which exists or will exist, because of such contemplated development, any topographic feature of improvement requiring the dedication or reservation of any easement, public or private, under the provisions of this chapter.

The following words and phrases when used in this chapter, shall for the purposes of this chapter, have the meanings respectively ascribed to them in this article, except where the context otherwise requires:

"Abutting unplatted property" means land which is not within the legal description of a subdivision plat on file in the office of the County Clerk (and which is not within the plat proposed by the subdivision under consideration) and which property may, in the future, be subdivided and may feasibly be served by the off-site improvements constructed for the proposed subdivision;

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

"Bicycle lane" means that portion of a roadway set aside and appropriately designated for the use of bicycles;

"Bicycle path" means a paved facility physically separating the bicycle from motor vehicle traffic;

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

"Development" means the erection or construction of buildings; or the erection or construction of any additions to existing buildings where outer walls are added or altered as to location, but not including alterations or remodeling of buildings where the outer walls are not added or altered as to location;

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

"General plan" means the comprehensive development plan for the City which may be 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, traffic circulation and community facilities, utilities and drainage facilities;

"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 (2) or more streets;

"Lot, depth" means the average distance from the street line of the lot to its rear line, measured in the general direction of the lines of the lot;

"Lot, double frontage" means a lot which runs through a block from street to street and which has frontage on two (2) or more streets, but not including a corner lot;

"Lot, reverse frontage" means a corner lot of such size and shape that a building erected on it might logically be designed to face on either adjoining street, thus causing the building to rear on the side line of any abutting lot;

"Lot, townhouse" means a lot shown on a townhouse plat and intended as the site of a single attached dwelling unit;

"Lot line adjustment" means a relocation of the lot lines of two (2) or more lots included in a plat which is filed of record, for the purpose of making necessary adjustments to building sites;

"Off-site improvements" means any utility, structure or modification of topography which is, or will be, located within, under or over a right-of-way or easement of record and which is, or will be, owned and/or maintained by other than the individual owner(s) of developed real estate;

"Planning Commission" means the Planning Commission of the City of Noble;

"Plat, final" means a mop of a land subdivision giving, in form suitable for filing in the office of the County Clerk, necessary affidavits, dedications and acceptances, and delineating the layout of such subdivision as required herein;

"Plat, preliminary" means a map of a proposed subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the relationship of the proposed development to topography, existing streets, drainage facilities and utilities, existing urban development and zoning, and to indicate the nature of the land planning design;

"Reserve strip" means a strip of land located adjacent to a public easement or right-of-way which has the effect of denying access to adjacent property owners to the public easement or right-of-way;

"Rural and suburban area" means all that part of the incorporated area of the City of Noble which is not classified on the Noble General Plan for urbanization;

"Setback line" means a line or lines designating the outer limits of street and highway right-of-way requirements;

"Site development plan" means a plan drawn at a scale of not less than fifty (50) feet equal one inch which shows the topographic characteristics of the site at a contour interval of not less than one foot; the location and dimensions of buildings, yards, courts, landscape, pedestrian and vehicular circulation and parking, fences and screening; service areas and service courts and other features; the use of each building and area; the height of buildings; adjacent streets, alleys, utility, drainage and other easements; and the relationship of the development to adjacent areas which it may affect;

"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 collecting traffic from other minor streets and serving as the most direct route to a major street or community facility;

"Street, cul-de-sac" means a local street having one end closed and terminated by a turn-around;

"Street, estate type" means a local street in a residential estate or agricultural zone or district;

"Street, frontage or service" means a minor street located adjacent and parallel to a major street for land service to abutting properties and access to adjacent areas and for allowing control of access to the major street;

"Street, local" means a minor street which collects and distributes traffic between parcels of land and collector or arterial street, with the principal purpose to provide access to abutting property;

"Street, major" means a freeway, primary arterial or secondary arterial designated on the Major Streets and Highways Plan of the City (anticipated to be adopted);

"Street, minor" means any street other than one designated as a freeway, primary arterial, or secondary arterial on the adopted Major Streets and Highways Plan of the City (anticipated to be adopted), but not including alleys;

"Street, public" means any preexisting county road heretofore annexed by the City and which forms a part of the City by reason of such annexation, or any street or road granted or dedicated to the City and accepted by the City;

"Subdivider (developer)" means any person or persons who propose to subdivide or develop land within the limits of the City and, if the person or persons include a corporation, then "subdivider" shall include each of the individual stockholders of the corporation and each of the principal officers and manager of the corporation;

"Subdivision" means the division, re-division or delineation of land by lots, tracts, sites or parcels for the purpose of transfer of ownership, or for urban development, or for the dedication or vacation of a public or private right-of-way or easement;

"Suburban development" means any residential development with a density of greater than one dwelling unit per five (5) acres but not greater than one dwelling unit per two (2) acres;

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

"Urban area" means all that part of the incorporated are of the City of Noble which is designated on the Noble General Plan for urbanization, including any subdivision with a density greater than one house for each two (2) acres; and

"Way" means any street, avenue, parkway, highway, boulevard, rood, alley, bicycle path or pedestrian walkway reserved and/or dedicated for public or private use chiefly by vehicular or pedestrian traffic. Its width shall be established as the shortest horizontal distance measured between lines delineating the right-of-way.

For all cases of subdividing and development within the scope of this chapter, or where construction of improvements is desired for commercial or industrial purposes, or for any purpose where the general public is invited, a preliminary and a final plat of the land in question shall be drawn and submitted to the Planning Commission and City Council for their approval or disapproval, as provided in this chapter.

In order to provide adequate information for evaluation and decision by the Planning Commission and the City Council, and to provide documentation of intent for public record, the following requirements are mandatory:

1.

Any rezoning request to rezone property to any residential zoning district including R-l-D, R-l-A, R-2, R-3, R-4, R-E, R-MH-1, R-MH-2, PUD, and SPUD, which includes any amount of unplatted land shall be accompanied by a preliminary plat of the land in question, and any adjacent land in which the applicant owns any interest, direct or indirect or which is under option to buy by the applicant; provided, however, that any land for which a plat is not required as a prerequisite for a building permit is exempted from this requirement. The preliminary plat shall be submitted for consideration as an agenda item before the Planning Commission simultaneously with the rezoning request;

2.

Any rezoning requesting to rezone property to any zoning district not listed in subsection 1. above, including C-1, C-2, C-3, C-4, 1-1, 1-2, 1-3, 0-1, and 0-2, and which includes any amount of unplatted land shall be accompanied by a general sketch plan of the land in question, and any adjacent land in which the applicant owns any interest, direct or indirect or which is under option to buy by the applicant; provided, however, that any land for which a plat is not required as a prerequisite for a building permit is exempted from this requirement. The sketch plan shall be submitted for consideration as an agenda item before the Planning Commission simultaneously with the rezoning request;

3.

No preliminary or final plat may be considered for acceptance by the Planning Commission or by the City Council until the proper zoning in terms of density, lot size, and land use is in full force and effect regarding the subject property.

(Ord. No. 620, § 1, 4-21-25)

Each plat submitted for preliminary or final approval shall be placed on the Planning Commission's agenda only after fulfilling the appropriate requirements of this chapter.

A.

To defray the costs of notification and of field, engineering and special studies, a filing fee shall be paid to the City clerk as follows:

1.

Upon filing of the preliminary plat a fee established by Resolution of the City Council.

2.

In the event the charges made by the City Engineer and the Fire Chief for their respective studies of the preliminary and final plats shall exceed the total fee paid by the developer under paragraph A(1) hereinabove, the City clerk shall assess a supplemental fee sufficient to reimburse the City for the charges and expenses which fee shall be assessed and paid prior to the submission of the final plat for approval by the City Council.

B.

Where only a portion of an approved preliminary plat is submitted for final platting, a final plat of the remaining area may be submitted at any time within five (5) years of the preliminary plat 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.

C.

After a period of five (5) years from the date of approval of the preliminary plat the Planning Commission may review the approved preliminary plat in the instance of changed circumstances and conditions. In any instance where a final plat includes a rerouting of a collector street, a change in relationship between uses of land or a request for a change of specific elements of a preliminary plat, then the preliminary plat shall be reviewed, and if the five (5) year period has expired, the subdivider shall pay a full plat filing fee on that part of the preliminary plat not previously filed of record as a final plat.

Prior to the filing of a preliminary plat and payment of any filing fee, a person who wishes to propose a subdivision of land for informal consideration by the Planning Commission may file with the Planning Commission a sketch of the proposed subdivision which indicates, in general, the area to be subdivided, the street layouts, lots and blocks and the general nature of improvements. The sketch may be in freehand pencil form. Such sketch plat is to be for informational purposes only and shall be neither approved nor disapproved formally by the Planning Commission. The Planning Commission may, should it choose, make recommendations to the person submitting the sketch plat of items to be incorporated in the preliminary plat. No recommendations made or any other action taken by the Planning Commission concerning the sketch plat shall in any way be binding upon the Planning Commission or the City. No sketch plat shall be required as a condition precedent to the filing of a preliminary plat. The filing of a sketch plat shall not require the payment of any filing fee.

No plat or description of land subdivision shall be filed in the office of the County Clerk, until it has received preliminary and final approval by the Planning Commission, and final approval by the City Council as required by law. All final plats shall be filed, if approved by the City Council, within ninety (90) days of the date of approval by the City Council; and no lots shall be sold from any plat until it has been recorded as herein provided. Failure to record such approved plat within the ninety (90) day period shall void all approvals thereto.

No building permit shall be issued for any purpose with respect to any tract within a suburban or an urban area or within property zoned for commercial or industrial purposes until a final plat has been duly processed as required by law and filed of record.

The Planning Commission and the City Council may, from time to time, adopt, amend and make public rules and regulations for the administration of this chapter to the end that the public is informed and that approval of plats be expedited. This chapter may be enlarged or amended by the City Council after public hearing, due notice of which shall be given as required by law.

If any provision, clause, part or portion of this chapter is held to be invalid, or to be in conflict with any lawful order, rule or regulation of the state, or any of its agencies which the order, rule or regulation lawfully supersedes the provisions of this chapter, by a court of competent jurisdiction and by final order, the remaining provisions, clauses, parts or portions thereof shall remain in full force and effect.

A.

Any person convicted of violating any section in Part 12, Chapters 1, 2, 3, 4, 5 or 6 of this Code of Ordinances shall be guilty of an offense, and shall be punished by a fine not to exceed $750.00.

B.

The distribution, growing, processing, testing, researching or possession of marijuana for the purpose of sale, exhibition or display, in any place of business without being in the appropriate zoning area and use classification area is declared to be a public nuisance and may be abated by the city or any other person. This remedy shall be in addition to any other remedy provided by the law including the penalty provision applicable for the violation of the terms and provisions of this Code.

(Ord. No. 572, § 18)

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 Noble General Plan for land use, circulation, community facilities and public utility services and in accordance with the following general principles:

1.

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

2.

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

3.

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 mosses and large individual trees should be preserved. The system of sidewalks, bicycle paths and roadways and the lot layout should be designed to take advantage of the visual qualities of the area;

4.

Circulation within the urban area should be provided in accordance with the following design principles:

a.

Major 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 under separate ownership and to sub-areas of apartment complexes within residential district in a manner that will discourage use by through traffic. They should be planned so that future expansion will not require the conversion of minor streets to major streets;

c.

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

d.

Collector streets should be designed to provide a direct route from other minor streets to the major street and expressway system and to provide access to public facilities within the neighborhood; however, collector streets should not be aligned in a manner that will encourage their use by through traffic;

e.

Ingress and egress to single family residential properties should be provided only on minor streets;

f.

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

g.

Bicycle lanes and bicycle paths should be separated from vehicular and pedestrian traffic and should be designed to provide access to major focal points within and beyond the neighborhood; and

5.

Minimum standards for development are contained in this code (including this chapter). However, the Noble General Plat expresses policies designed to achieve optimum quality of development in the urban and suburban areas. If only the minimum standards are followed, as expressed by the various Planning and Zoning Codes regulating land development, a standardization of minimum 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 Noble General Plan and in this chapter rather than be limited to the minimum standards required herein.

A.

Alleys shall be provided in commercial and industrial districts, except that this requirement may be waived where, in the opinion of a majority of the memberships of the Planning Commission, other definite and assured provision is made for utility easements, emergency access and service access, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed.

B.

Alleys serving commercial and industrial areas shall not be less than thirty (30) feet in width.

C.

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

D.

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

E.

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 either the Fire Chief or City Administrator.

In the development of land in the urban area, whether according to traditional patterns or under a variation of Planned Unit Development, adequate consideration shall be given to fire, sanitation and police protection. Pursuant to this end, the following guidelines are mandatory:

1.

No dwelling unit site shall be located more than four hundred (400) feet, measured from the extremity of the site, from an accessible street improved to City standards;

2.

Each dwelling unit shall have an entry located not more than one hundred and fifty (150) feet from a parking lot, private drive or public street, accessible and usable for emergency vehicles; and

3.

All building facades shall be serviced by fire hydrants installed in accord with the standards and specifications of the code of the City and so located such that totality of each facade can be serviced by not more than three hundred (300) feet of fire hose laid down by a fire vehicle.

A.

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

1.

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

2.

Zoning requirements applicable to lot sizes and dimensions;

3.

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

4.

Limitations and opportunities of topography.

B.

Blocks for residential use shall not be longer than fifteen hundred (1,500) feet, measured along the centerline of the block. When a block exceeds seven hundred (700) feet in length, the Planning Commission may require a dedicated easement not less than five (5) feet in width and a paved crosswalk not less than five (5) feet in width with a forty-eight (48) inch high chain link fence on both sides.

C.

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

D.

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

A.

Front yard building lines and exterior side yard building lines shall be provided in accordance with the front yards and exterior side yards established for the various districts in this code.

B.

Restrictions requiring buildings to be located within the building lines shown on the plat shall be set forth on the plat.

A.

The subdivider shall dedicate to the public appropriate easements to the end that each and every lot, piece or parcel of land within a subdivision shall have access to all available essential public utilities.

B.

Where alleys are not provided, easements not less than ten (10) feet wide shall be provided along the rear of each lot and along side lot lines, where necessary, for use by public and private utilities. Aerial easements and easements of greater width for either the extension of main storm and sanitary sewers and other utilities or the accommodation of utilities in unique situations such as, but not limited to, lots rearing into unplatted land may be required where it is deemed necessary on advice for the City Administrator, City Engineer or City inspector.

C.

Where a subdivision is traversed by a water course, drainage channel or stream, there shall be provided a right-of-way and access thereto for drainage and public parks and public utility purposes in accord with the code of the City.

D.

Pipe lines carrying petroleum products shall be located in a dedicated easement of not less than fifty (50) feet in width. The required width of a dedicated easement may be greater than fifty (50) feet on the advice of the City Administrator.

E.

In all subdivisions located in the agricultural districts and in the residential estate districts, utility easements having a minimum width of twenty (20) feet shall be provided adjacent to and outside of the designated right-of-way of all dedicated and private streets.

A.

Residential lots for single family detached dwelling units and duplexes shall be not less than fifty-five (55) feet in width at the front building line and shall abut a street a distance of not less than thirty-five (35) feet.

B.

Residential lots for multifamily development shall abut a public street for a distance of not less than fifteen percent (15%) of the sum of the perimeter dimensions of the lot; provided, however, that for lots located at the terminal end of the cul-de-sac this requirement may be reduced to ten percent (10%) of the sum of the perimeter dimensions of such lots.

C.

Side lot lines shall be approximately at right angles to straight street lines or radial to curved street lines.

D.

The depth of residential lots, other than townhouse lots, shall not be less than one hundred nine (109) feet.

E.

The area of residential lots shall not be less than that which is required by this code.

F.

Double frontage and reverse frontage lots should be avoided except where they are needed to provide for the separation of residential development from major streets or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten (10) feet shall be provided along the portion of the lots abutting such a major street or other uses where screening is required. There shall be no right of access across a planting screen easement, except where sidewalks and/or bicycle paths are deemed appropriate.

G.

For corner lots, but not including those in midblock siding on crosswalk rights-of-way, a twenty-five (25) foot cutback with chord shall be required; provided, however, if in the opinion of the Planning Commission there is an existing or potential future need, a larger cut-back not to exceed forty (40) feet may be required. On lots reserved to business use, the cut-back shall not be less than twenty-five (25) feet.

H.

Corner lots, including those in midblock siding on a crosswalk right-of-way and butt or key lots for residential use shall be at least ten (10) feet wider than interior lots.

I.

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

J.

All proposed plats for the development of R-1-D (Single Family Residential) Zoning Districts filed with the City of Noble after August 16, 2010, shall designate on the face of said proposed plat a minimum of 25% of the total platted residential lots to require the construction of dwellings with a minimum of 1500 square feet of living area, exclusive of garages or detached structures.

(Ord. No. 496, § 2, 8-16-2010)

Whenever a subdivision is developed as a neighborhood unit, as defined in the Noble General Plan, wherein adequate park or playground area is provided, through traffic is adequately cared for and the majority of the minor streets are of the cul-de-sac and loop type, or whenever a Planned Unit Development or Special Planned Unit Development, as defined in this code for residential, commercial or industrial use is proposed, the Planning Commission may vary the requirements of this chapter in accordance with this code in order to allow the subdivider more freedom in the arrangement of streets and lots, but at the some time protect the convenience, health, safety and welfare of the future residents of the development as well as the character of the surrounding property and the general welfare of the future residents of the development as well as the character of the surrounding property and the general welfare of the entire community. In no case however, shall the proposed design violate the requirements of this code which regulates planned unit development, and in no instance shall this be construed in such a manner as to circumvent the requirement for adequate streets, easements, alleys and other essential requirements of urban development.

Public parks, playgrounds, school sites and other public areas and open spaces and public rights-of-way thereon shall be provided in accordance with the requirements and standards set forth in the Noble General Plan and in the policies and Planning and Zoning Codes relating thereto. Parkland or fees in lieu of park land is required in accordance with the sections of this code relating to park land.

It is the intent of this section that all lots and blocks provided in a subdivision abut on a street adequate to accommodate all traffic generated in a reasonable and safe manner. The arrangement, character, extent, width, grade and location of all streets shall conform to all of the elements of the Noble General Plan and the regulations relating thereto and they shall be designed in accordance with the following provisions:

1.

Each subdivision shall provide for the continuation of all major streets and highways;

2.

Residential development adjacent to a major street designated on the adopted Noble General Plan or Major Streets and Highways Plan shall comply with the following:

a.

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

b.

Steel mesh fencing at least four (4) feet high with permanent evergreen plant screening, or an opaque fence as approved by the Planning Commission, shall be installed by the developer within the required screening easement at the right-of-way lines behind or at the side of residential lots and shall be maintained by the developer for two (2) years from the date if installation. When planted, the evergreen plants shall be at least three (3) feet high. Any plants which are not in good condition at any time within the two (2) year period, shall be replaced by the subdivider;

c.

There shall be no openings for vehicular access onto the above-described traffic ways except at street intersections, bicycle path intersections and at approved openings to commercial areas;

d.

Collector and minor streets shall not open onto a major street except at an average interval of not less than one-quarter (1/4) mile measured from the centerlines; and

e.

In any area where lots back onto a major street or onto any section line rood, no curb cuts, gates in fences or openings of any other kind shall be made or permitted from such backing lots onto the traffic-ways at any time;

3.

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

4.

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

5.

Collector streets shall be used in the subdivision wherever traffic is being collected from minor streets to provide access to a major street or community facility. Any street shall be deemed a collector street when it serves more than fifty (50) dwelling units;

6.

Ingress and egress to multifamily areas having fifty (50) or more units shall be provided only on collector streets of frontage roads of appropriate design;

7.

Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, 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 may be required. Such distances also shall be determined with due regard for the requirements of approach grades and future grade separation structures;

8.

Reserve strips controlling access to streets shall be prohibited except where their control is placed with the City under conditions approved by the Planning Commission;

9.

A tentative plan of a proposed future street system shall be shown on the preliminary plat;

10.

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 re-subdivision, with provision for adequate utility easements and connections for such re-subdivision;

11.

A street crossing another street should continue on the same alignment; however, if it does not, then the off-set shall not be less than one hundred twenty-five (125) feet measured from the street centerlines;

12.

Street right-of-way widths shall be in accordance with the Noble Major Streets and Highways Plan and the code of the City;

13.

The grades and the horizontal and vertical alignment for all streets shall be in accord with the code of the City;

14.

Streets designed for local service only, such as cul-de-sac and loop streets, shall be used to the maximum feasible extent in the subdivision. Streets adjacent to (or separated therefrom only by a single row of lots) public use areas shall be connected thereto with appropriate sidewalks and bicycle paths in dedicated easements;

15.

A cul-de-sac shall not exceed five hundred (500) feet in length, measured from the centerline of the intersecting street to the center of the turnaround, and if more than one hundred fifty (150) feet in length shall be provided with a circular turnaround having a radius of not less than fifty (50) feet at the property line and not less than thirty-eight (38) feet at the face in front of the curb;

16.

Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of this chapter; and provided that it is found in the public interest 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 and under the ownership of the subdivider with remaining half of the street shall be platted within such tract;

17.

The arrangement of streets shall be such as to cause no undue hardship either on a subdivider or in the subdividing of adjacent properties. The dedication of street rights-of-way to facilitate the development of adjoining properties may be required.

18.

No street names shall be used which will duplicate or be confused with the names of existing streets. Street names and house numbers shall be subject to approval of the City Manager;

19.

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

20.

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

A.

The statement of conditions and commitments associated with urbanization is a matter of concern to both public and private interests of the community. It is essential that the commitments of the landowner (developer), the commitments of the City and the conditions associated with land subdivision be set forth in a precise manner which will clearly specify intent and the nature of the obligations and conditions assumed by all parties involved.

B.

It is the purpose of this article to specify the nature of improvements which shall be required in conjunction with the subdividing and development of land; to identify the methods required improvements will be accomplished; and further to prohibit the issuance of a building permit for construction within a recorded, platted subdivision prior to the completion and City acceptance of all required off-site improvements within the subdivision.

A.

Unless specifically excluded or excepted in this chapter, a subdivider shall install and construct the following specified off-site improvements in conformance with the standards and specifications of this code:

1.

Alleys;

2.

Fencing and permanent evergreen plant screening;

3.

Fire hydrants. All fire hydrants shall be of the brands specified in a resolution of the City Council. All Fire hydrants shall meet AWWA specifications. Hydrants shall be equipped with hose connections meeting the National Standard fire hose thread and the National Standard operating nut. All hydrants shall have "o" ring stuffing box. All hydrants shall be equal to or better than Mueller A24015 or Darling B-62-6, or Sentinel Series J. Type of hydrants shall be two-piece barrel construction with breakable safety flange at ground line. Size of pipe connection shall be six-inch with mechanical joint ends. Direction hydrant turns to open shall be counter-clockwise. Hydrants shall be painted red in color. The diameter of valve seat shall be five (5) inches or larger. The number and size of nozzles shall be as follows: 2 - 2½" and 1 - 4½". Hydrant lubricant is to be furnished with each hydrant. Each bidder shall submit with his bid the manufacturer's brochure on the item bid.

4.

Sanitary sewers;

5.

Sidewalks;

6.

Storm sewers, surface water retention facilities and appurtenant drainage structures; when required to drain any part or all of the subdivision;

7.

Streets; and

8.

Water mains.

B.

Hereafter in this article, the phrase "required improvements" shall refer to and mean these eight (8) enumerated required improvements located within the boundaries of the subdivision; and the phrase "off-site improvements" shall be construed as including these eight (8) enumerated required improvements located outside of the boundaries of the subdivision.

C.

Notwithstanding any other provision in this Code of Ordinances, when the Noble Utility Authority or the Noble Planning Commission or the City Council of the City of Noble determine that it is in the best interest of the City of Noble, the Noble Utility Authority and/or the City Council of the City of Noble may require that a subdivider increase the size of water mains and/or wastewater mains regardless of whether such lines are classified as required improvements or off-site improvements. When an upsize requirement of such water mains and/or wastewater mains is made of a developer, the City of Noble and/or the Noble Utility Authority is authorized to share in the cost of materials and/or labor of such improvements so long as such cost share born by the City of Noble or the Noble Utility Authority does not exceed the increase in the cost of the improvement attributable to the upsize requirement.

D.

In the event the City of Noble and/or the Noble Utility Authority intend to share the cost of a water main or wastewater main upsize requirement made pursuant to Paragraph C of this Section, the terms and conditions of said cost share Agreement shall be reduced to writing and shall be approved by the governing body of the City of Noble and the Noble Utility Authority and in the absence of a written and signed agreement between the developer and the City of Noble and the Noble Utility Authority, there shall be no liability on the part of the City of Noble nor the Noble Utility Authority.

The development plan for required improvements and the required off-site improvements shall be approved by the City only after it is found that a proposed development, when considered in conjunction with the entire subdivision and the areas surrounding or adjacent to it, will contain public utilities and improvements which will be consistent, compatible and homogeneous with and will constitute logical and orderly extensions of existing public improvements, as well as future improvements to be installed within and without the boundaries of the subdivision.

A.

Coincident with the submission of the final plat for consideration by the Planning Commission and prior to the installation and construction of the required improvements within any subdivision, and the required offsite improvements, plans and specifications therefore shall be prepared by a registered professional engineer and submitted to the City. The City Engineer, City Manager, and Fire Chief, or any of them shall, if warranted afte the examination and inspection of the plans and specifications submit to the Planning Commission and thereafter to the City Council a report that, in his opinion, the plans and specifications comply with all current Planning and Zoning Codes and standards applicable thereto. No installation or construction of any public utility, required improvement, or required offsite improvement shall be commenced without approved plans and specifications and permission from the City Engineer.

B.

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

1.

Prior to the submission of the final plat for consideration by the Planning Commission, five (5) sets of "check" prints of the plans and specifications for all required improvements shall be filed with the City through the City clerk;

2.

Five (5) sets of plans and specifications for all required off-site improvements shall be filed with the City through the City clerk for final approval concurrent with the submission of the request for consideration of the final plat by the Planning Commission.

C.

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

A permit issued by the City clerk shall be required prior to any construction of off-site improvements located within street and alley rights-of-way, and a permit issued by the City clerk shall be required prior to any construction of off-site improvements to be located in utility or drainage easements, as required by this code. Before any such permit is issued, it shall be approved by the City Manager and City Engineer. The fee for the permit shall be the same as for the construction of any building improvements constructed within the City.

No building permit shall be issued for any lot prior to the construction of the required improvements and the required off-site improvements and the acceptance of the improvements by the City, except as authorized by Section 12-647 of this code.

A.

Except as provided in this code, all of the required improvements and any required off-site improvements required herein shall be constructed prior to the filing of a final plat and approval by the City Council; the procedure shall be as follows:

1.

Coincident with the consideration for approval of the final plat by the Planning Commission, the subdivider shall submit a written request indicating in specific detail the required improvements and required off-site improvements which he proposes to install and construct prior to the filing of the approved final plat;

2.

The City Manager and City Engineer shall review the request and submit a written report to the Planning Commission noting specific problems if any;

3.

Subsequent to the decision of the Planning Commission and City Council that the final plat is in order and that the program for accomplishing all required improvements and required off-site improvements is feasible and not contrary to the public interest, they may approve the installation and construction of any or all required improvements and required off-site improvements by the subdivider prior to the filing of the final plat and as a condition is approving the final plat;

4.

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

5.

The procedure for approving and accepting required improvements and required off-site improvements installed and constructed under this method shall be the same as for any other required off-site improvement;

6.

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

7.

Any approved program of construction may be amended; however, such amendment shall require approval of the Planning Commission and City Council.

A.

The subdivider may request that the Planning Commission and City Council approve the final plat and accept the public dedications within the subdivision in the absence of the actual installation and construction of certain required improvements and certain required off-site improvements. When such request is made, the subdivider shall provide the Planning Commission with a written request setting forth the reasons for approval of the final plat prior to the completion of construction and installation of certain specified improvements; provided, however, that all water mains, streets, storm sewers and drainage structures, sanitary sewers, permanent markers and fire hydrants shall be constructed and the installation completed before approval by the Planning Commission and City Council of any final plat. The request, if made of the subdivider for approval of the final plat prior to the completion of construction of improvements, shall apply only to alleys, fencing, screening, permanent evergreen plant screening, and sidewalks.

B.

If the subdivider makes the request hereinabove referred to in subsection A, the request shall be accompanied by an acceptable corporate surety bond to the City. The bond shall be approved as to form and legality by the City attorney. The terms of the bond (hereinafter referred to as a "subdivision bond") shall provide that it be conditioned that if the subdivider has not, within two (2) years from the date of City acceptance of the subdivision bond, completed the installation and construction of all required improvements within the subdivision and all required off-site improvements, then and in such event, the City Council may allow the renewal of the subdivision bond in those cases where adequate reasons exist and where no hardship or significant inconvenience will accrue to the City, or the subdivider and/or his surety shall be required to forthwith pay over to the City a sum sufficient to contract, after competitive bidding, for the installation and construction of all of the required off-site improvements not theretofore installed and constructed by the subdivider. No subdivider shall consummate any sale of any property within the subdivision by lot and block reference to the plat until such time as the subdivision bond has been submitted to and accepted by the City Council or the required improvements and the required off-site improvements have been first installed and constructed therein. Moreover, the subdivider posting the bond shall assume full responsibility for assuring the construction of required improvements and the required off-site improvements, and any action of the City to secure compliance shall be against that original subdivider or the surety.

C.

In lieu of depositing a corporate surety bond as provided in Section 12-647(A), the subdivider may submit to the City Council through the City Manager an amount of cash or a certificate of deposit equal to the surety bond required. The terms of the cash surety shall provide that the cash surety be conditioned in precisely the same manner as the corporate surety bond. An irrevocable letter of credit issued by a bank may be used in lieu of the cash or certificate of deposit, however, the City Attorney must approve the irrevocable letter of credit as meeting the requirements included in this code.

D.

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

E.

It shall be the responsibility of the subdividers posting any form of surety bond, cash or certificate of deposit to inform the City Council when his obligations under the surety have been fulfilled and to request release from the times and conditions of the posted surety. The subdivider's obligation shall not be considered fulfilled until the City Council of the City has expressly released the subdivider from his obligation. Regardless of the principal amount of the bond, the subdivider shall be responsible for payment of the cost, in full, incurred by the City for all materials and labor used in the construction of the improvements in the event it is necessary for the City to complete the construction.

F.

Any bond shall be in the principal sum equal to one hundred fifty percent (150%) of the current cost for all labor and materials required in the construction and installation of the required improvements and any required off-site improvements. The current cost shall be certified by the estimate of a registered professional engineer, licensed to practice in the State of Oklahoma, certifying that the bond amount is at least one hundred fifty percent (150%) of the current cost of constructing the bonded improvements.

A.

At such time as the subdivider has completed the installation and construction of all public utilities and required improvements herein required within the subdivision and any required off-site improvements, he may seek acceptance for all such improvements by the City.

B.

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

1.

The subdivider shall make written request through the City clerk that such public improvements be accepted by the City;

2.

One (1) sets of mylar reproducible as built plans and all required maintenance bonds shall be submitted in conjunction with the written request;

3.

The subdivider's engineer shall submit a written statement indicating that the required improvements and any required off-site improvements have been constructed in accordance with the approved plans, that the as built plans are a true and accurate representation of the required improvements, that he is satisfied with the required improvements, and that he recommends acceptance by the City;

4.

The City Engineer shall submit a written report to the Planning Commission and City Council indicating the following:

a.

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

b.

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

c.

That all required maintenance bonds have been submitted and examined by the City attorney and either are or are not in order;

5.

The report shall be submitted to the Planning Commission for their acceptance of the improvements and required maintenance bonds, and where applicable, their recommendation of release of the surety from liability under the subdivision bond where the provisions of the bond have been fully performed. The recommendation and approval by the Planning Commission shall be reported to the City Council; and

6.

If the City Council finds all required public improvements, all required off-site improvements, and all associated requirements to be in compliance with this code, the improvements shall be accepted for maintenance as well as the required maintenance bonds therefore.

Before acceptance of the public improvements, referred to in Section 12-648 of this code, shall be considered final, the subdivider shall file, with the City clerk, a good and sufficient bond with adequate surety in a sum equal to the contract price to protect the awarding public agency against defective workmanship and materials for a period of one year from the date the bond is filed. The bond must be approved in writing by the City Engineer, the City attorney and the City clerk. An additional requirement of public streets dedicated to the public is a good and sufficient bond with adequate surety in a sum equal to ten (10) percent of the contract price to protect the awarding public agency against defective workmanship and materials for a period of four additional years from the date the one-hundred percent bond expires.

A.

No building permit shall be issued for any lot prior to the construction of all off-site improvements as are required by this code and which have been accepted by the City, except as may otherwise be provided for in this code.

B.

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

C.

No building permit shall be used for any developments or any tract of land for which a plot plan is required, unless such development is in conformity with the plot plan submitted with the final plat.

All fencing, screening, or permanent evergreen plant screening required by this code shall be installed in accordance with specifications of the City and in accordance with the following provisions:

1.

Required fencing, screening, and permanent evergreen plant screening shall be completed following the installation of the required streets, sidewalks, drainage and utility construction in the adjacent right-of-way; and

2.

Such fencing, screening, and plants shall be installed prior to the occupancy of any dwelling unit located on any lot adjacent to the fence.

Where a subdivision contains sewers, sewage treatment facilities, water supply systems, parks and grounds held in common or other physical facilities necessary or desirable for the welfare of the area, or that are of common use or benefit which are not or cannot be satisfactorily maintained by an existing public agency, provision shall be made which is acceptable to the City Council for the proper continuous operation, maintenance and supervision of such facilities. A copy of the agreements providing for the proper and continuous operation, maintenance and supervision of such facilities shall be presented to the Planning Commission at the time of final platting and shall be filed of record with the plat of the land thereof.

A.

Permanent monuments in accord with all required standards shall be placed at all corners and changes in direction of the boundary of the subdivision. Where boundaries are comprised of curves, the point of curvature (P.C.), point of intersection (P.I.), point of tangency (P.T.) shall be monumented. All monuments shall be placed flush with the ground and the four (4) corner monuments shall have at least two (2) reference points established with the distances not to exceed two hundred fifty (250) feet. In cases where boundaries have more than four (4) corners, the reference ties shall be provided as directed by the City Engineer.

B.

Iron pins at least one-half (½) inch in diameter and at least eighteen (18) inches in length shall be placed on all block corners, P.C.'s, P.I.'s and P.T.'s along the dedicated street right-of-ways.

C.

Iron pins at least three-eights (3/8) inch in diameter and twelve (12) inches in length shall be placed at all lot corners.

D.

One permanent benchmark, referenced to the U.S. Geological Survey Datum (mean sea level) shall be established within each subdivision.

E.

All required monuments, iron pins and the benchmark shall be in place prior to acceptance of street improvements.

A.

In urban areas the subdivider shall install sanitary sewer lines in accordance with this code and the standards and specifications governing sanitary sewer line construction.

B.

No building permit shall be issued for any structure to be located on any lot within an urban, platted subdivision filed of record until the required sanitary sewer improvements for that lot have been installed in accordance with standards and specifications as adopted by the City Council.

C.

Standard design as adopted by the City shall be followed for sewer lines tied to the City collection facilities, or if City facilities are not available, there shall be installed a treatment system where allowed under this code and approved by the City Manager, City Engineer and the Oklahoma Department of Environmental Quality.

D.

In those specific instances where City water is available, and was available on the date of annexation of the particular tract involved, and which tract satisfies the requirements of all zoning Planning and Zoning Codes pertaining to frontage on a public street or road, but which does not have City sewer service available, the owner of any such tract of land so involved may install a private sewer or septic system to serve his particular property and no other, provided that the owner of such tract complies with all of the provisions of this code.

E.

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 five hundred (500) feet of the tract of land involved, the owner of the tract shall discontinue his private system and connect to the City sewer line.

A.

Storm sewers, surface water retention and drainage facilities shall be provided and constructed in compliance with standards and specifications of this code.

B.

No building permit shall be issued for any structure to be located on any lot within a recorded, platted subdivision until the required storm sewers and drainage improvements for the lot have been installed in compliance with the code of the City.

The subdivider of any subdivision designed to be used for residential, commercial, industrial or other uses shall lay out, grade or otherwise improve all streets and alleys that are designated on the approved plat or that directly serve the subdivision in compliance with the standards and specifications of this code and in compliance with the following provisions:

1.

Streets and alleys in the urban area shall be laid out, graded and otherwise improved as specified in the applicable standards and specifications governing such construction. Such street layout and all improvements shall be done under the supervision of the public works department and shall be subject to inspection and approval in accordance with the standards and specifications of this code; and

2.

Street right-of-way and pavement widths shall comply with standards established in this code. The paving design of the intersection of any new street with a state or federal highway shall be approved by the Oklahoma Department of Transportation.

A.

In urban areas the subdivider shall install water lines and fire hydrants in compliance with this code.

B.

No building permit shall be issued for any structure to be located on any lot within a recorded, platted subdivision until the required water lines for the lot have been installed in accordance with standard specifications for the improvements as adopted by the City Council.

C.

In both urban and rural areas in which water lines are installed by the developer, the developer shall install a minimum twelve (12) inch water main along all section line roads and all highways and major thoroughfares. Larger mains may be required as determined by the City Administrator and Fire Chief.

The subdivider shall prepare a preliminary plat for presentation to the Planning Commission. It shall conform with the minimum requirements of the Noble General Plat and this code, and shall include the land in question, and any adjacent land partially or fully owned or under option by the applicant, notwithstanding that all of the land may never be finally platted.

In order to be included on the agenda on the Planning Commission, an application shall be in compliance with all of the following:

1.

Fifteen (15) copies of the preliminary plat shall be submitted directly to the City clerk before 12:00 noon, Thursday, not less than thirty (30) days prior to the next Planning Commission meeting;

2.

With the preliminary plat, the restrictive or protective covenants appertaining to the development or subdivision and which are to be filed of record in the office of the County Clerk of Cleveland County, Oklahoma shall be submitted; and

3.

When submitted, material must be in complete and final form as required in this chapter. Plats failing to meet these requirements by the filing deadline shall not be placed on the Planning Commission agenda.

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

1.

The scale, north arrow and date;

2.

The proposed name of the subdivision;

3.

The name and address of the owner of record, the subdivider and the registered land surveyor preparing the plat. In the event the subdivider is a partnership, the names of all partners, both limited and general and their addresses shall be submitted. In the event the subdivider is a corporation, the names of all stockholders, officers and manager of the corporation and their addresses shall be submitted;

4.

A key 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 locations of intersecting boundary lines of adjoining subdivisions, and the location of the Noble City limits if failing within or immediately adjoining the tract;

6.

The land contours with vertical intervals of two (2) feet referenced to a United States Geological Survey or Coast and Geodetic Survey benchmark or monument;

7.

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

8.

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

a.

Water mains;

b.

Sanitary sewer mains, sub-mains and laterals;

c.

Storm sewers; and

d.

Street improvements;

9.

The location of all drainage channels and subsurface drainage structures and the proposed method of disposing of or retaining all surface water from the proposed subdivision, and the location and size of all drainage easements relating thereto, whether they be located within or outside of the proposed plat; and a hydrology study and report prepared by a registered professional engineer describing the effect of the change in direction of flow or quantity of flow of run off water which will result from the construction of the proposed subdivision including recommendations for the efficient and safe removal of the run off water;

10.

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;

11.

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

12.

Any other information which may be required by this chapter.

A.

The Planning Commission shall approve or disapprove the preliminary plat.

B.

If the preliminary plat be disapproved, the reasons for such action shall be specifically stated in writing, a copy of which, signed by the Planning Commission chairman, shall be attached to one copy of the plat and transmitted to the applicant.

C.

The reasons for disapproval shall refer specifically to those parts of the Noble General Plan, this code and policies of the City with which the plat does not conform.

D.

If the plat conforms to all of the standards, or after the applicant and Planning Commission agree upon any revisions which may be filed with the commission on a revised copy, the applicant may proceed with the staking of streets and roads, and with the preparation of a final plat.

A.

Approval of a preliminary plat by the Planning Commission shall be valid for a period of five (5) years from the date of approval, provided that the final plat is substantially in compliance with the approved preliminary plat and provided that no change in land use relationships is proposed and that no change in street configuration is proposed.

B.

After a period of five (5) years from the date of approval of the preliminary plan, the Planning Commission may review the approved preliminary plat to consider changed circumstances and conditions.

In any instance where a final plat includes a rerouting of a collector street, a change in relationship between uses of land or a request for a change of specific elements of the preliminary plat, then the preliminary plat shall be reviewed, and if the five (5) year period has expired, the subdivider shall pay a full plat filing fee on that part of the preliminary plat not previously filed of record as a final plat.

The subdivider shall prepare a final plat for presentation to the Planning Commission. It shall conform with the minimum standards of this code and with the preliminary plat approved by the Planning Commission.

In order to be included on the agenda of the Planning Commission, an application shall be in compliance with all of the following:

1.

A final plat neatly drawn on tracing cloth, mylar or equivalent and fifteen (15) dark line prints thereof shall be submitted to the City clerk before 12:00 noon, Thursday, not less than thirty (30) days prior to the next Planning Commission meeting;

2.

At the same time, there shall be submitted fifteen (15) sets of the proposed plans and specifications in final form for all required off-site improvements;

3.

At the same time, where the final plat is submitted for a multi-family residential development where any lot, tract or parcel contains in excess of twenty-five thousand (25,000) square feet or for any commercial or industrial development, there shall be submitted fifteen (15) copies of a plot plan which shall be drown to scale, showing the outer lines within which each individual structure within the development is to be constructed, in addition to designated open space; the areas reserved for parking; all points of ingress and egress to existing, required or proposed streets; all streets, alleys, drives and fire lanes, whether public or private; all public easements; the location of fire hydrants; service areas; and required screening and fencing;

4.

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 additional plans as required by this code;

5.

In the instance of where the means of sewage disposal is proposed by individual septic tank and filter fields, one dark line 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;

6.

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 City Council that all necessary steps have been taken for:

a.

The establishment of a property owner's association for adequately maintaining the common property; and

b.

Disposition of the common property in the event of dissolution of the association; and

7.

The final plat shall conform with the preliminary plat as approved by the Planning Commission, and shall not include the rerouting of a collector street, a change in the relationship between uses of land, or a change of specific elements of the preliminary plat. Plats failing to meet these requirements or other requirements of this chapter shall not be placed on the Planning Commission agenda.

A.

The final plat shall be drawn on a scale of one hundred (100) feet to the inch from an accurate survey and on sheets whose dimensions do not exceed twenty-two (22) inches by thirty-two (32) inches between border lines on a standard twenty-four (24) by thirty-six (36) inch sheet. However, in the instance of the platting of as small area, the scale of the drawing may be changed such that one inch will equal less than one hundred (100) feet in order to allow a larger representation of the tract. On the first sheet of every plat there shall be a key map showing the location of the subdivision referenced to government survey section lines and major streets. If more than two (2) sheets are required for the plat, the key map shall show the number of the sheets for each area. A border of one inch surrounding the sheet shall be left blank at the top, bottom and right-hand side, and a margin of three (3) inches at the left side for binding purposes.

B.

The final plat shall show:

1.

The location and description of all 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 and a legal description of the land being platted on all pages;

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 are not readily discernible from data given for lot and block fines, the length and/or bearing shall be given;

6.

The widths, and names of all proposed streets and alleys and of all adjacent streets, alleys and all proposed easements and all easements of record, which shall be properly located and identified;

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 or private use fully dimensioned by lengths and bearings, with the area marked "Public" or "Private" as the case may be;

9.

The blocks numbered consecutively through the entire subdivision, and the lots numbered consecutively throughout each block. If only a portion of a block shown on an approved preliminary plat is included in a final plat, the block and consecutive lot numbers assigned thereto shall not be continued for the remaining lots of such a block at such time as the remaining lots are final platted. The remainder of such a block shall bear a different block number and the lot numbers shall be consecutively numbered beginning with the number one;

10.

The location of all building lines, setback lines, easements of record and easements being dedicated for public services or utilities with dimensions to the nearest foot showing their location;

11.

The location of any land lying within the limits of the flood plain and the floodway, as shown on the most recent edition of the "Flood Hazard Maps" published by the Federal Emergency Management Agency (FEMA) for the City of Noble or Cleveland County. Additional requirements are included in the sections of this code dealing with the flood hazard areas.

12.

The radii, arcs, points of tangency, points of intersection and central angles for all curvilinear streets and radii or cut-backs for all property returns;

13.

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

a.

Owner's certificate and dedication, executed and acknowledged;

b.

Certificate of survey, executed and with land surveyor's seal;

c.

Certificate of bonded abstractor, executed;

d.

Certificate for release of mortgage for any portion dedicated to the public, executed and acknowledged;

e.

County treasurer's certificate, executed;

f.

Reference to any separate instruments, including restrictive covenants, filed in the office of the County Clerk which directly affect the land being subdivided;

g.

Certificate of Planning Commission approval;

h.

Certificate of the City Council acceptance of ways, easements and public land dedications; and

i.

All signatures must be affixed in black ink; and

14.

A title which shall include:

a.

Name of the subdivision;

b.

Name of City, county and state; and

c.

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

Boundary traverse closure data based on the engineer's calculations thereof shall be provided at the time of submission of the final plat.

A.

The Planning Commission shall approve or disapprove the final plat. Approval shall be shown on the plat with the date of such approval and over the signature of the commission chairman.

B.

If the final plat be disapproved, the reasons for such action shall be specifically stated in writing, a copy of which, signed by the Planning Commission chairman, shall be transmitted with the tracing and prints to the applicant.

C.

If the final plat be disapproved by the Planning Commission, the applicant may take the plat to the City Council for consideration, where by a vote of four (4) members it may be approved for filing. However, no plat shall be approved which does not comply with this chapter.

A.

Before recording the final plat, it shall be submitted to the City Council for approval or disapproval.

B.

Approval of the plat shall be shown over the signature of the mayor and attested by the City clerk.

C.

The disapproval of any such plat shall be deemed a refusal of the proposed dedications shown thereon.

The owner or the owner's engineer shall submit the original tracing of any plat and the recording fee for filing of the plat in the office of the Cleveland County Clerk to the City clerk at the time approval by the City Council is requested in writing. All required signatures shall be properly affixed. The City will retain possession of the original, securing Planning Commission and City Council signatures upon approval. The owners shall furnish all required copies, reproducibles, and prints for recording purposes and the City clerk shall record the plat at the owner's expense within ten (10) days after some has been furnished to the City clerk and approval of the final plat by the City Council. Where the required improvements and any required off-site improvements are constructed prior to the official filing of the final plat, the City clerk shall file the final plat with the County Clerk of Cleveland County within ten (10) days after acceptance of these improvements by the City Council.

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.

This article shall apply to all residential subdivision plats and/or the owners or applicants for approval thereof. Anything herein to the contrary notwithstanding, all final plats submitted to the City from and after the adoption of this article shall meet the requirements of this article regardless of whether the preliminary plat had been previously approved.

All subdividers subdividing land under provisions of this code for residential purposes within the boundaries of the City shall, prior to the recording of their respective final plat, and subject to the other provisions hereinafter following:

1.

Dedicate land to be used solely and exclusively for public mark and recreation purposes; or

2.

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

Whether or not land or money shall be given over to the City shall be at the sole option of the City Council.

The Board of Parks Commissioners shall participate in the design of neighborhood master plans in order to approve of proposed public park and recreation land sites. Future public park and recreation sites as designated in the approved neighborhood master plans or as approved by the Board of Parks Commissioners and Planning Commission shall be delineated on the preliminary plat and reserved for dedication or purchase. A preliminary plat shall not be placed on a Planning Commission agenda until such plat has been reviewed and approved by the Board of Parks Commissioners for public park dedication requirements. Submission of such preliminary plat shall constitute consent by the landowner for the City to zone all of the delineated areas into a "Park Land" (PL) zoning category, provided the preliminary plat has been approved. Uses permitted in the "Park Land" zoning category shall be limited to public parks and recreational areas; provided, however, that the grazing of animals and growing of crops may be permitted prior to dedication to the City. The City Clerk upon request shall inform the Cleveland County Tax Assessor of the property involved, that it has been reserved for the public benefit, and shall request that it be assessed on the tax rolls at the minimum value.

Standards for determining the amount of land and/or fee which will be required under this article shall be adopted by resolution of the City Council after receiving the recommendation of the Board of Parks Commissioners. In adopting the standards, the City Council and the Board of Parks Commissioners shall consider the following factors as well as any other factors that may be deemed pertinent:

1.

The area of the proposed subdivision;

2.

The number of persons projected to occupy the fully developed subdivision;

3.

The size of the lots in the subdivision;

4.

The density of the dwelling units in the subdivision;

5.

Location of existing park land near the subdivision road; and

6.

The comprehensive plan guidelines for the City.

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

1.

Unity: the dedicated land should form a single parcel or tract of land;

2.

Shape: the shape of the parcel or tract of land to be dedicated should be appropriate for public parks and recreation purposes;

3.

Access: public access to public park land delineated on a preliminary plat shall be ensured by provisions of at least fifty (50) feet of street frontage, in a manner satisfactory to the Board of Parks Commissioners. At the time the land abutting the delineated areas is developed, the subdivider of such abutting land shall furnish and pay for paving all abutting street frontage and shall provide water and sewer access to the boundary of one side of the delineated area to meet minimum requirements as determined by the Planning Commission; and

4.

Topography: the land to be dedicated to meet the requirement of this article should be suitable for public parks and recreation activities. In that regard fifty percent (50%) of the dedicated land area should not exceed five percent (5%) grade.

A.

A separate fund to be deposited at the highest interest rate permitted by law to be entitled "Park Fee Fund" shall be and is hereby created and the money paid in by owners, subdividers and applicants at final approval of subdivision plats in lieu of the dedication of land and interest thereon, shall be held in the fund in trust to be used solely and exclusively for the purpose of purchasing public park and recreational land or the construction of park improvements upon land in the general area in which the subdivision is located.

B.

At such time as the City Council, based upon the recommendation of the Board of Parks Commissioners, determines that there are sufficient funds derived from a certain area in the park fee fund to purchase usable parkland, the City Council shall cause negotiations to be undertaken to purchase the site by mutual agreement or by condemnation proceedings. In making such determination for the purchase of the site, the conditions of Section 12-684 of this code shall be taken into consideration. The principal and interest deposited and kept in the park fee fund shall be used solely for the purpose of purchasing land for public park and recreation uses, and shall never be used for improving, maintaining or operating public park facilities, or for any other purpose.

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

1.

By dedication within the plat to be filed for record in the office of the County Clerk of Cleveland County; or

2.

By warranty deed transferring the property in fee simple to the City.

In any event, land must be free and clear of any mortgages or liens at the time of such dedication or conveyance.

Unless otherwise expressly agreed by the City Council of the City, all off-site improvements servicing new or proposed subdivisions shall be constructed at the expense of the subdivider or subdividers. Where the off-site improvements are constructed in easements or right-of-ways adjacent, continuous to or serving abutting, unplatted property, the provisions of this chapter shall apply whether the off-site improvements are paid for or constructed by the subdivider or the City.

A.

At the time a subdivider files a preliminary plat for a subdivision which will require the construction of off-site improvements, including water mains and/or sewer mains, or an easement adjacent, contiguous to or which may serve abutting, unplatted property, the subdividers shall:

1.

Submit a plot plan reflecting the off-site improvements;

2.

Submit a plot plan reflecting all abutting, unplatted property and the ownership, zoning and current use of the property;

3.

Submit an estimate certified by a registered professional engineer reflecting the estimated cost of materials and labor for the construction of the off-site improvements; and

4.

Submit a proposal as to the proportion of the costs of the abutting off-site improvements which the subdivider believes should equitably be borne by the future subdivider or subdividers, if any, of the abutting, unplatted property; the proposals shall state with specificity and detail the grounds for determining the respective proportion or proportions.

B.

Before approval of the preliminary plat by the Planning Commission shall be effective, the Planning Commission shall receive the written report of the City Engineer stating whether the City Engineer agrees with the extent estimated costs and proposals submitted by the subdivider, an the City Engineer shall state with specificity any disagreement which he may have with the extent, costs and proposals and the grounds therefore.

C.

The Planning Commission shall, as a condition of approval of the preliminary plat, make recommendations to the proportion of the costs of the abutting off-site improvements which may be borne in the future by the future subdivider or subdividers, if any, of any and all of the abutting, unplatted property.

A.

As a condition of approval of a final plat pursuant to the provisions of this article, the Planning Commission may recommend and the City Council may require the subdivider to agree in writing to the proportion of the costs of off-site improvements constructed along, contiguous with or serving abutting, unplatted property which may be borne in the future by a subdivider or subdividers who desire to subdivide any portion or all of the abutting, unplatted property.

B.

The subdivider shall furnish the City Council of the City an affidavit with attached invoices reflecting the actual cost of all off-site improvements, including but not limited to those which are in an easement adjacent, contiguous to or which may serve abutting, unplatted property.

C.

The subdivider, upon entering into such agreement, shall be entitled to recover only the principal of the proportion set forth by the City Council and shall not be entitled to recover any interest charge or other fees.

A.

As a condition of approval of preliminary and/or final plats for subdivision of abutting, unplatted property, the Planning Commission may recommend and the City Council may require the subdivider thereof to deposit with the City Clerk of the City a cashier's check made payable to the City representing the respective proportion of the costs of the off-site improvements designated by the City Council of the City as properly chargeable to the subdivider.

B.

The Planning Commission, in making its recommendation and the City Council in making its requirement, may request the advice and recommendation of the City Engineer.

C.

As long as a reasonable relationship exists between the cost of the off-site improvements and the value thereof to the subdivider of abutting, unplatted property, the decision of the City Council shall be final and conclusive.

D.

Upon the deposit of the cashier's check above-referred-to and the approval of the final plat by the City Council for the subdivision encompassing a portion of all of the abutting, unplatted property, the City Clerk shall notify the subdivider if any, who initially paid for the off-site improvements. The notification shall be by certified mail, return receipt requested, addressed to the last known address of the subdivider. If the funds shall not be claimed by the subdivider within ninety (90) days from the date of mailing, the City Clerk shall deposit the funds in an interest bearing account and shall attempt such other efforts as are reasonable to ascertain the whereabouts of the subdivider; provided, however, that in the event the funds are not claimed by the subdivider within two (2) years from the date of first mailing, then the funds shall be deemed to be the property of the City and shall constitute a part of the general revenue of the City.

E.

In the event the City shall furnish either materials or labor for the construction of the off-site improvements, the City shall be entitled to retain the pro-rata share of the deposit based upon the ratio that the cost of labor and materials expended by the City shall bear to the total cost of off-site improvements.

The provisions of this article shall be in addition and not in lieu of any and all other subdivision standards and requirements of the City. Tap charges and other charges shall not be affected by this article. Nor shall this article affect the right of any owner of abutting, unplatted property to receive service from any off-site improvements constructed hereunder without subdividing the abutting, unplatted property.

A.

No private lagoon shall be constructed within the limits of the City in the absence of a permit issued therefore by the City Council of the City after consideration by the Planning Commission.

B.

No private lagoon, whether residential, commercial or industrial, shall serve more than one residence or more than one commercial or industrial entity. No lagoon shall be constructed for the purpose of serving a multi-family dwelling.

C.

All lagoons shall be total retention lagoons.

D.

No lagoon shall be constructed on a lot of less than two and one-half (2 1/2) acres including any roadway or utility easement.

E.

Should these minimum standards conflict with any minimum standards adopted by the Oklahoma Department of Environmental Quality, the higher standards shall govern.

A.

All parts of the lagoon shall be located a minimum of two hundred (200) feet from any water supply, this minimum distance shall be increased when elevation indicates a danger to a water supply.

B.

The toe of the lagoon beams shall not be located closer than twenty (20) feet from any building or property line.

C.

Lagoons shall not be located or bound by tall vegetation and trees that may interface with wind action.

A.

The shape of all lagoons shall be essentially square or rectangular with a length to width ratio not to exceed two (2).

B.

The maximum liquid depth of all lagoons shall not exceed five (5) feet, and two (2) feet of freeboard shall be provided between the maximum liquid level and the top of the dikes.

C.

Inlet lines shall be center discharging, horizontally on a concrete slab at a minimum size of two (2) square feet, and shall be adequately supported and anchored.

D.

All lagoons must be preceded by a properly sized septic tank, constructed in accordance with the Oklahoma State Department of Health minimum standards.

E.

Sufficient surface area shall be provided to evaporate the annual inflow based on the average daily design flow. Design evaporation rates shall not exceed thirty-one (31) gallons per year per square foot of design surface area and, in no event, shall the surface area be less than two thousand (2,000) square feet. (Eighty-five (85) inches of annual evaporation less thirty-four and five tenths (34.5) inches of annual precipitation divided by twelve (12) multiplied by seven and four thousand eight hundred five-ten-thousandths (7.4805) gallons per cubic foot rounded down to thirty-one (31) gallons.)

F.

Dikes and bottoms of lagoons shall be of impervious, material compacted to ninety percent (90%) standard Proctor Density. The seepage rate through the lagoon bottom shall not exceed four and five-tenths (4.5) times nine to the minus seventh power (9-7) centimeter per second at the maximum design water surface elevation. Seals are required if native soils will not ensure this. All seals to be used must meet the requirements of Oklahoma State Department of Health Engineering Bulletin No. 0587 adopted March, 1980, Sections 105.22, 105.23, and 105.24.

G.

All lagoons shall be fenced to prevent children and animals from coming into contact with the wastewater. Such fencing shall, at a minimum, consist of two (2) chain link fences at least seventy-two (72) inches high topped with a minimum of two (2) standards of barbed wire spaced at six (6) inch intervals above the chain link fence and sloping away from the lagoon on about a forty-five (45) degree angle. Such fence shall contain at least one gate with a minimum width of forty-eight (48) inches to allow access for maintenance. All such gates shall be secured with a high quality lock manufactured by Plaster Lock Company or equivalent.

H.

All lagoon systems must be designed by:

1.

A registered professional engineer; or

2.

A registered professional approved by the Oklahoma Department of Environmental Quality to design lagoon systems.

A.

The owner of the lagoon shall be responsible for the proper maintenance.

B.

Vegetation within ten (10) feet of the top of the dikes shall not be allowed to exceed six (6) inches in height above the ground.

C.

The owner of the lagoon shall control any mosquitoes breeding in or near the lagoon.

D.

The required fence shall be kept in a state of good repair.

No application for permit to construct a residential, commercial or industrial lagoon shall be accepted by the City Clerk unless it is accompanied with all permits and approvals as required by state and federal law.