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.