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Perkins City Zoning Code

CHAPTER 12

LAND SUBDIVISION

10-12-1: PURPOSE:

A.   The subdivision of land is the first step in the process of urban development. The arrangement of land parcels in the community for residential, commercial and industrial uses, and for streets, alleys, schools, parks and other public purposes, will determine, to a large degree, the conditions of health, safety, economy and amenity that prevail in the urban area. The quality of these conditions is of public interest. These regulations and standards for the subdivision and improvement of land for urban use are to make provision 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.
B.   These regulations are designed, intended and should be administrated in a manner to:
   1.   Implement the general plan;
   2.   Provide neighborhood conversation and prevent the development of slums and blight;
   3.   Harmoniously relate the development of the various tracts of land to the existing community and facilitate the future development of adjoining tracts;
   4.   Provide that the cost of improvements which primarily benefit the tract of land being developed be borne by the owners or developers of the tract, and that the cost of improvement which primarily benefit the whole community be borne by the whole community;
   5.   Provide the best possible design for the tract;
   6.   Reconcile any differences or interest; and
   7.   Establish adequate and accurate records of land subdivision. (2010 Code § 22-69)

10-12-2: JURISDICTION:

These regulations and development standards shall apply to all subdivisions of land, as defined in section 10-12-3 of this chapter. (2010 Code § 2-70)

10-12-3: DEFINITIONS:

For the purpose of these regulations, certain terms used herein are defined as follows:
   ALLEY: 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.
   BLOCK: A parcel of land, intended to be used for urban purposes, which is entirely surrounded by public streets, highways, railroad right of way, public walk, parks or green strips, rural land or drainage channels, or a combination thereof.
   BUILDING LINE OR SETBACK LINE: A line or lines designating the area outside of which building may not be erected.
   CITY COMMISSION: The city commission of the city of Perkins, Oklahoma.
   EASEMENT: A grant by a property owner to the public, a corporation or persons, of the use of a strip of land for specific purposes.
   FRONTAGE STREET: A minor street auxiliary to and located on the side of a major street for service to abutting properties and adjacent areas and for control of access.
   GENERAL PLAN: The comprehensive development plan for the city, which has been officially adopted to provide long range development policies for the area subject to urbanization in the foreseeable future and which includes, among other things, the plan for land use, land subdivision, circulation and community facilities.
   LOT: Any plot or parcel of land occupied or intended to be occupied by one building or structure, and the accessory buildings and uses customarily incidental to it, including such open spaces as are arranged and designated to be used in connection with such buildings, and further intended as a unit of land for the transfer of ownership or development.
   LOT, CORNER: A lot located at the intersection of and abutting on two (2) or more streets.
   LOT, DOUBLE FRONTAGE: A lot which runs through a block from street to street and which abuts two (2) or more streets.
   LOT, SPLIT: A subordinate and integral part of any lot and which plot or parcel of land is not capable of supporting or having a building constructed upon it.
   MINOR SUBDIVISIONS: A subdivision, resubdivision, alteration, reorganization or division of land, which shall contain not more than three (3) lots and further, shall not adversely affect the development of the remainder of the parcel or adjoining property, and shall not be in conflict with any provision or portion of the master plan, official map or this title.
   PLANNING COMMISSION: The planning commission of the city of Perkins.
   PLAT, FINAL: A map or land subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets and alleys, public areas and other dimensions of land.
   PLAT, PRELIMINARY: A map of proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land.
   STREET: Any public or private right of way which affords the primary means of access to abutting property.
   STREET, COLLECTOR: A minor street which collects traffic from other minor streets and serves as the most direct route to a major street.
   STREET, CUL-DE-SAC: A minor street having one end open to vehicular traffic and having one end closed and terminated by a turnaround.
   STREET, MAJOR: An arterial street which is designated on the major street plan.
   STREET, MINOR: Any street not classified as a major street on the major street plan.
   SUBDIVIDER: Any person, firm, partnership, corporation or other entity, acting as a unit, subdividing or proposing to subdivide land as herein defined.
   SUBDIVISION: Any division of land into two (2) or more lots, parcels, tracts or areas, any one of which, when divided, has an area of ten (10) acres or less, or any division of land involving the vacation or dedication of right-of-way or alignment of an existing or proposed street or highway, or any public utility easement, or the resubdivision of land heretofore divided into lots, sites or parcels. (2010 Code § 22-71)

10-12-4: GENERAL PROCEDURE:

A.   Plat Approval:
   1.   For all cases of subdividing, except as provided herein, a plat of land in question shall be drawn and submitted to the Planning Commission and City Commission for their approval or disapproval, as provided below.
   2.   For cases of lot splits, the applicant shall submit at the time of application a drawing of the intended division. The required drawing shall be prepared by a registered land surveyor showing the existing lot lines and the proposed lot lines, as well as all existing structures, improvements, utilities and appurtenances, as identifiable, thereto. Included in the deeds shall be private utility easements. The following criteria shall be met to be a lot split:
      a.   A lot may only be split one time;
      b.   The lot to be split shall have no structures, utilities or other improvements upon it;
      c.   Only previously platted property may be considered for lot splits.
   3.   For cases of minor subdivisions, the applicant shall submit, at the time of application, a certified survey showing all existing improvements, utilities and appurtenances, as identified, thereto. Such certified survey, prepared by a registered land surveyor, shall be used to illustrate and explain the proposed minor subdivision design.
   4.   For cases of commercial minor subdivisions, in addition to the other requirements, the plan shall include:
      a.   Certified survey;
      b.   Zoning designation;
      c.   Identification of surveyor with contact information;
      d.   Accurate depiction of the extent of the division, including the boundary of the proposed division.
   5.   Minor subdivisions, commercial minor subdivisions and lot splits may be approved administratively by the City Manager or the City Manager's designee.
B.   Official Recording: No plat or other land subdivision instrument shall be filed in the Office of the County Clerk until it shall have been approved by the Planning Commission and by the City Commission as hereinafter set forth. All final plats shall be filed within two (2) years of the date of approval by the Planning Commission, and no lots shall be sold from any plat until recorded. Failure to record the plat within two (2) years of the date of Planning Commission or City Commission approval, whichever is the later, shall void all approvals thereto, unless extended by the Planning Commission and City Commission upon application prior to the expiration date.
C.   Agenda: Each plat submitted for preliminary or final approval shall be placed on the agenda of the Planning Commission, only after fulfilling the appropriate requirements of these regulations. However, a plat not meeting all of the requirements may be submitted, provided the subdivider presents with the plat a written request for specific exceptions and enumerates in detail the reasons therefor. (2010 Code § 22-72)
D.   Fees To Defray Costs Of Administration, Engineer Review, And Attorney Review:
   1.   Preliminary Plat: At the time of filing a preliminary plat with the City of Perkins, Oklahoma, the developer shall submit all required documents and materials together with a fee as set by resolution to cover administrative costs. For the purposes of computing preliminary plat fees, each phase of a multi-phase subdivision submitted for preliminary plat approval shall be considered a separate subdivision unless multiple phases are included in the same preliminary plat.
   2.   Final Plat: At the time of filing a final plat with the City of Perkins, Oklahoma, the developer shall submit all required documents and materials together with a fee as set by resolution to cover administrative costs. For the purposes of computing final plat fees, each phase of a multi-phase subdivision submitted for final plat approval shall be considered a separate subdivision unless multiple phases are included in the same final plat.
   3.   Initial Plat Review And Comment: The City of Perkins, Oklahoma, shall be responsible for the initial plat engineering and/or legal review and comment and a secondary engineering and/or legal review and comment. The actual cost of any subsequent engineering and/or legal review(s) shall be borne by the developer, whether said reviews are contracted by the Municipality or performed by City personnel. (Ord. 468, 9-11-2018)
E.   Exemption: In cases of minor subdivisions, the Planning Commission may waive any or all of the subdivision requirements as contained in this chapter as it may deem necessary to avoid substantial hardship or inequity; provided, further, that such waiver may be granted only upon receiving a written request from the subdivider stating the reasons for each waiver and may only be waived by a three-fourths (3/4) vote of the regular membership of the planning commission. (2010 Code § 22-72)

10-12-5: PRELIMINARY PLAT:

A.   General: The subdivider shall prepare a preliminary plat for submission to the planning commission. Four (4) copies of the preliminary plat shall be submitted to the office of the city clerk not less than seven (7) days prior to the meeting at which it is to be considered.
B.   Certification Of Design: The preliminary plat shall be accompanied by a statement signed by the registered engineer preparing the plat that he has, to the best of his ability, designed the subdivision in accordance with the general plan, with which he is completely familiar, and in accordance with the ordinances and regulations governing the subdivision of land, except where an exception is requested in writing and the reasons of which are clearly stated.
C.   Contents Of Preliminary Plat: The preliminary plat shall be drawn at a scale of one inch equals one hundred feet (1" = 100') and shall contain or be accompanied by the following information:
   1.   The scale, north point and date.
   2.   The proposed name of the subdivision.
   3.   The name and address of the owner of record, the subdivider and of the registered engineer preparing the plat.
   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 location of intersecting boundary lines, of adjoining subdivisions, and the location of any city limits if falling within or immediately adjoining the tract.
   6.   The land contours with vertical intervals not greater than two feet (2') referenced to a United States geological survey or coast and geodetic survey bench mark or monument.
   7.   The location of existing buildings, water, watercourses and the location of dedicated streets at the point where they join and/or are immediately adjacent to the subdivision; provided, however that actual measured distances shall not be required.
   8.   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.
   9.   The location, size and type of sanitary and storm sewers, water mains, culverts, power and natural gas lines and other surface and subsurface structures and pipelines existing within or immediately adjacent to the proposed subdivision; and the location, layout type and proposed size of the following structures and utilities:
      a.   Water mains.
      b.   Sanitary sewer mains, submains and lateral.
      c.   Storm sewers, culverts and drainage structures.
   10.   Street improvements. The location of all drainage channels and subsurface drainage structures, and the proposed method of disposing of all runoff from the proposed subdivision, and the location and size of all drainage easements relating thereto, whether they are located within or outside of the proposed plat.
   11.   The classification of every street within or adjacent to the subdivision in accordance with the intended use of the street within or adjacent to the proposed design. This shall be done by placing the appropriate term, primary thoroughfare, secondary thoroughfare, collector or minor in parentheses, directly on each street.
D.   Planning Commission Action: The planning commission shall approve, approve conditionally, or disapprove the plat within sixty (60) days of the date of its submission by the applicant. If the preliminary plat is disapproved or approved conditionally, the reasons for such action shall be stated in writing, a copy of which shall be signed by the planning commission chairperson and shall be attached to one copy of the plat and transmitted to the subdivider. Unless stipulation for additional time is agreed to by subdivider, if no action is taken by the planning commission at the end of sixty (60) days after submission, the plat shall be deemed to have been approved. The reasons for disapproval or conditional approval shall refer specifically to those parts of the general plan or specific regulations with which the plat does not conform. On conditionally approving a plat, the planning commission may require submission of a revised preliminary plat. If the plat conforms to all of the standards, or after the applicant and planning commission agree upon any revision which shall be filed with the planning commission on a revised copy, the subdivider may proceed with the laying out of streets and roads, the preparation of utility plans and with the preparation of a final plat. (2010 Code § 22-86)

10-12-6: FINAL PLAT:

A.   General: A final plat, neatly drawn in ink on tracing cloth, and three (3) dark line prints thereof, shall be submitted to the office of the city clerk not less than five (5) days before the planning commission meeting at which it is to be considered for final approval. At the same time, there shall be submitted two (2) sets of the proposed plans and specifications for all improvements and the proposed restrictions in final form; provided, however, the final plat may be approved subject to later submission of final improvement plans and specifications.
B.   Time Of Submission: The final plat of the proposed subdivision shall be submitted to the planning commission and city commission for final approval within one year of the date on which the preliminary plan was approved. If not submitted for final approval within such time, the preliminary plan shall be considered as having been disapproved, unless the planning commission agrees to an extension of time. The final plat shall be filed in the office of the county clerk within two (2) years after approval by the city commission and planning commission, whichever is later, or, if not filed within such time, said approval shall be considered as having been voided, unless extended by the planning commission and city commission upon application prior to expiration.
C.   Drafting: The final plat shall be drawn at a scale of one inch equals one hundred feet (1" = 100') from an accurate survey and on sheets whose dimensions are twenty one inches by thirty three and one-half inches (21" x 331/2") between border lines. On the first sheets 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 sheet for each area. A border of one-half inch (1/2") surrounding the sheet shall be left blank at the top, bottom and right hand side, and a margin of two inches (2") at the left side for binding purposes.
D.   Contents Of Final Plat: The final plat shall show:
   1.   The location and description of all section corners and permanent survey monuments in or near the tract, to at least one of which the subdivision shall be referenced.
   2.   The length of all required lines dimensioned in feet and decimals thereof, and the value of all required true bearings and angles dimensioned in degrees and minutes, as hereinafter specified.
   3.   The boundary lines of the land being subdivided, fully dimensioned by length and bearings, and the location of boundary lines of adjoining lands, with adjacent subdivisions identified by official names.
   4.   The lines of all proposed streets fully dimensioned by lengths and bearings or angles.
   5.   The lines of all proposed alleys. Where the length and/or direction of an alley is not readily discernible from date given for plat and block lines, the length and/or being shall be given.
   6.   The widths, and names where appropriate, of all proposed streets, alleys and easements which shall properly be located.
   7.   The lines of all proposed lots fully dimensioned by lengths and bearings or angles, except where a lot line meets a street line at right angles, the angle or bearing value may be omitted.
   8.   The outline of any property which is offered for dedication to public use fully dimensioned by the lengths and bearings, with the area marked "public".
   9.   The blocks numbered consecutively throughout the entire subdivision and the lots numbered consecutively throughout each block, with areas to be excluded from platting marked "reserved" or "not a part".
   10.   The location of all easements for drainage, with dimensions showing their locations.
   11.   The grades of all streets.
   12.   The radii, arcs, points of tangency, points of intersections, and central and angles for curvilinear streets and radii for all property return.
   13.   The proper acknowledgment of owners and the consent by the mortgagee to plat restrictions.
   14.   The following, which shall be made and shown on the cloth tracing:
      a.   Owner's certificate and dedication, signed.
      b.   Engineer's certificate of survey, signed, and his seal.
      c.   Certificate for release of mortgage for any portion dedicated to the public.
      d.   Reference to any separate instruments, including restrictive covenants, filed in the office of the county recorder of deeds which directly affect the land being subdivided.
      e.   Certificates of planning commission approval.
      f.   Certificates of city commission acceptance of ways, easements and public land dedications.
      g.   Treasurer's certificates.
   15.   A title, which shall include:
      a.   Name of subdivision.
      b.   Name of city, county and state.
      c.   Location and description of the subdivision reference to section, range and township.
E.   Planning Commission Action:
   1.   The planning commission shall act upon the final plat within forty five (45) days after it has been submitted for final approval. This approval and the date thereof shall be shown on the plat over the signature of the planning commission chairperson. Unless stipulation for additional time is agreed to by the subdivider and if no action is taken by the planning commission at the end of forty five (45) days after submission, the plat shall be deemed to have been approved. A certificate by the city clerk as to date of submission of plat for final approval and failure of planning commission to act thereon within such time shall be sufficient in lieu of written endorsement of approval.
   2.   If the final plat is disapproved, grounds for this refusal shall be stated in writing, a copy of which shall be transmitted with the tracing and prints to the applicant. The reasons for disapproval shall refer specifically to those parts of the general plan or ordinance with which the plat does not comply.
F.   City Commission Action: Before recording the final plat, it shall be submitted to the city commission for approval and for acceptance of the public ways and service and utility easements and land dedicated to public use. This approval of the plat shall be shown over the signature of the mayor and attested to by the city clerk or his deputy. The disapproval of any plat or plan by the city commission shall be deemed a refusal of the proposed dedication shown thereon.
G.   Recording Of Plat: After final approval of the plat and the affixing of all required signatures on the original tracing, the subdivider shall provide the planning commission with two (2) dark line prints thereof, and one contact reproducible cloth tracing, said tracing to be filed with the city clerk. One dark line print shall be retained in the permanent files of the planning commission, and one shall be sent to the office of the city clerk. The applicant shall file the original tracing, one dark line print on cloth, and one contact reproducible cloth tracing or film with the county clerk. (2010 Code § 22-87)

10-12-7: URBAN DESIGN PRINCIPLES:

The quality of design of the urban area is dependent on the quality of design of the individual subdivisions that compose it. Good community design requires the coordination of the efforts of each subdivider and developer of land within the urban area. Therefore, the design of each subdivision shall be prepared in accordance with the principles established by the general plan for land use, circulation, community facilities and public utility service, and in accordance with the following general principles:
A.   It is intended that the urban area shall be designed as a group of integrated residential neighborhoods and appropriate commercial and industrial and public facilities. The neighborhood, as a planning unit, is intended as an area principally for residential use, and of a size that can be served by one elementary school. Space for religious, recreational, educational and shopping facilities to serve the residents of the neighborhood should be provided and designed as an integral part of each neighborhood.
B.   The size of lots and blocks and other areas for residential, commercial, industrial and public uses should be designed to provide adequate light, air, open space, landscaping and off street parking and loading facilities.
C.   The arrangement of lots and blocks and the street system should be designed to make the most advantageous use of topography and natural physical features. Tree masses and large individual trees should be preserved. The system of sidewalks and roadways and the lot layout should be designed to take advantage of the visual qualities of the area.
D.   Circulation within the urban area shall be provided in accordance with the following design criteria:
   1.   Each subdivision shall provide for the continuation of all arterial streets and highways as shown on the major street plan as and when adopted. Arterial streets should be located on the perimeter of the residential neighborhood.
   2.   Minor streets should be designed to provide access to each parcel of land within the residential neighborhood and within industrial areas, and in a manner that will discourage use by through traffic. They should be planned so that further urban expansion will not require the conversion of minor streets to arterial routes.
   3.   Collector streets should be designed to provide a direct route from other minor streets to the major street and expressway system provided only on minor streets.
   4.   Ingress and egress to residential properties should be provided only on minor streets.
   5.   Pedestrianways should be separate 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.
E.   Minimum standards for development are contained in these regulations. However, the general plan expresses policies designed to achieve an optimum quality of development in the urban area if only the minimum standards are followed, as expressed by the various ordinances regulating land development, a standardization of the design should be of a quality to carry out the purpose and spirit of the policies expressed in the general plan and in these regulations rather than be limited to the minimum standards required herein. (2010 Code § 22-73)

10-12-8: SUBDIVISION DESIGN STANDARDS:

A.   Streets: The arrangement, character, extent, width, grade and location of all streets shall conform to all of the elements of the general plan and shall be designed in accordance with the following provisions:
   1.   Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the undivided portion shall be prepared and submitted by the subdivider.
   2.   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 or future streets and appropriate resubdivision, with provisions for adequate utility easements and connections for such resubdivision.
   3.   Street jogs and centerline offsets of less than one hundred twenty five feet (125') should be avoided.
   4.   Streets shall intersect at approximately right angles.
   5.   Street right of way widths shall be in accordance with the major street plan; and, where not designated therein, shall be not less than the following:
MAJOR STREETS
 
Primary with median
120 feet
Primary without median
100 feet
Secondary
80 feet
 
MINOR STREETS
 
Collector
70 feet
Minor
60 feet
Cul-de-sac
60 feet
 
Provided, however, the width of such minor street or cul-de-sac may be reduced to a minimum of fifty feet (50'), if adequate provisions are made for drainage and installation of public utilities, and if grade elevations are not too steep to allow proper installation of driveways.
   6.   The grades of all streets shall not exceed the following, except where usual topographic conditions justify in the opinion of the planning commission, a modification of these standards:
MAJOR STREETS
 
Primary
5 percent
Standard
7 percent
 
Minor streets: No street grade shall be less than 0.4 percent.
   7.   The paved width of all streets shall be adequate to serve the existing and future estimated traffic load for the facility. Lane widths for all streets shall be as follows:
      a.   All major streets shall have lanes for traffic movement of not less than eleven feet (11') nor more than twelve feet (12') in width, and lanes for parallel parking or emergency stopping of not less than ten feet (10') in width.
      b.   All minor streets shall have lanes for traffic movement of not less than ten feet (10') nor more than twelve feet (12') in width, and lanes for parallel parking of not less than eight feet (8') in width.
   8.   Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; and provided, that the planning commission finds it will be practical to obtain the dedication of the other half of the street easement when the adjoining property is subdivided. Whenever, a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.
   9.   The arrangement of streets shall be such as to cause no hardship in the subdividing of adjacent properties. The city may require the dedication of street rights of way to facilitate the development of adjoining properties, except the city shall not require the dedication for street and road right of way purposes, any easements or other interest in land as a condition for the approval of recording of a lot split deed. It shall further be declared to be the intention of the city commission that this subsection be interpreted and applied in conformity with the provisions of 19 Oklahoma Statutes section 867.1.
   10.   No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the planning commission.
B.   Easements: Where alleys are not provided, easements not less than fifteen feet (15') wide shall be provided for use by public and private utilities along each rear lot line, and along side lot lines where necessary, in the following manner:
   1.   A permanent easement not less than seven and one-half feet (71/2') wide shall be provided along the rear lot line, or along the side lot line where necessary, of each abutting or adjoining lot.
   2.   Where the land owned and being subdivided by the subdivider ends at a rear or side lot line and the subdivider is unable to obtain from the adjoining property owners an easement not less than seven and one-half feet (71/2') wide, the planning commission, upon finding that the easement will be available from the adjoining property owners at a future date, may approve the grant of an easement along each rear lot line, or side lot line where necessary, not less than fifteen feet (15') wide, of which ten feet (10') is a permanent easement and five feet (5') is a temporary easement reverting to the property owner at such time as the adjacent easement not less than seven and one-half feet (71/2') wide is obtained from the adjoining property owner.
   3.   Easements shall be maintained free of buildings, fences and other structures. The planning commission may require area easements and easement of greater width for the extension of main storm and sanitary sewers, and other utilities, where it is deemed necessary.
C.   Public Areas And Open Spaces: Public parks, playgrounds, school sites and other public areas and open spaces shall be provided in accordance with the requirements and standards set forth in the general plan and in the ordinances relating thereto.
D.   Blocks:
   1.   The lengths, widths and shapes of blocks shall be determined with due regard for the following:
      a.   Provisions of adequate building sites suitable to the special needs of the type of use contemplated.
      b.   Needs for convenient access, circulation, control and safety of street traffic.
      c.   Limitations and opportunities of topography.
   2.   Blocks for residential use shall not be longer than one thousand eight hundred feet (1,800'), measured along the centerlines of the block. When a block exceeds six hundred feet (600') in length, the planning commission may require a dedicated easement not less than fifteen feet (15') in width and a paved crosswalk not less than four feet (4') in width to provide pedestrian access across the block.
   3.   Blocks used for residential purposes should be of sufficient width to allow for two (2) tiers of lots of appropriate depth. Blocks intended for business and industrial use should be of a width suitable for the intended use, with due allowance for off street parking and loading facilities.
E.   Lots:
   1.   Residential lots shall not be less than fifty feet (50') in width at the front building line and shall abut a street a distance of not less than thirty five feet (35'), except that a corner lot shall be not less than sixty feet (60') in width at the front building.
   2.   Side lot lines should be approximately at right angles or radial to street lines.
   3.   The depth on residential lots should be not less than one hundred twenty feet (120').
   4.   The area of residential lots shall be not less than seven thousand five hundred (7,500) square feet.
   5.   In residential subdivisions where septic tank or individual sewage disposal devices are to be installed, the area of the lot shall not be less than the area required as determined by an area percolation test performed by a registered sanitarian, and the width to the lot at the front building line shall not be less than one hundred feet (100').
   6.   Lots are not required for subdivision for commercial and industrial use, but when provided, should be of appropriate size and arrangement to provide for adequate off street parking and loading facilities based on the intended use.
   7.   Double frontage and reverse frontage lots should be avoided, except where they are needed to provide for the separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten feet (10') shall be provided along the portion of the lots abutting such a traffic artery or other use where screening is required. There shall be no right of access across a planting screen easement. (2010 Code § 22-74)

10-12-9: DESIGN AND INSTALLATION OF IMPROVEMENTS:

All improvements shall be designed and installed in accordance with all of the elements of the general plan and shall meet the minimum standards established by the ordinances and regulations relating thereto. (2010 Code § 22-75)

10-12-10: PLAN PREPARATION:

Plans for the improvements herein required shall be prepared by a qualified engineer, registered in the state. Two (2) sets of prints of the proposed plans and specifications for all improvements shall be filed with the city clerk. (2010 Code § 22-76)

10-12-11: PERFORMANCE GUARANTEE:

A.   Prior to recording of the final plat at the Payne County Courthouse, the City Engineer or City Manager shall certify that the City has received one of the following:
   1.   Completion Of Improvements: A letter submitted by the subdivider's engineer and approved by the city engineer stating that all improvements and installations to the subdivision required for its approval under the terms of these rules and regulations have been made, added or installed and done so in accordance with these specifications; or
   2.   Cash Payment: A cash payment in the full amount of the estimated construction costs, as determined by the city engineer, necessary to complete the improvements and installations for the subdivision in compliance with these rules and regulations. Said cash payment and any accretions therefrom are to be held in trust by the City pending final completion of the improvements for which said payment was made; or
   3.   Performance Bond: A performance bond which shall be in the amount determined by the city engineer to be sufficient to complete the improvements and installations for the subdivision in compliance with these rules and regulations; or
   4.   Letter Of Credit: A letter of credit, approved by the city engineer, from a bank or credit union, guaranteeing an amount payable to the City, which will cover the total cost of all required on-site and off-site improvements as part of the Final Plat approval by the city commission and which meets these rules and regulations; or
   5.   Other Guarantee: Some other guarantee, approved by the city attorney, including but not limited to a lien against real property which will serve as collateral or security for payment of required improvements under these rules and regulations.
B.   Modifications And Expiration Of Guarantees: The City will establish time periods and expiration dates for letters of credit, bonds or other guarantees and shall have authority to modify and extend such instruments. When a portion of the required improvements are made within a subdivision, the letter of credit, cash payment, bond or other guarantee may be reduced, reimbursed or modified to reflect partial completion of those improvements. (2010 Code § 22-77; amd. Ord. 491, 2-14-2023)

10-12-12: PERMANENT REFERENCE MARKERS:

Each block corner shall be marked with iron pipe or pins not less than one-half inch (1/2") in diameter and twenty four inches (24") long at least one inch (1") below finished grade; and each subdivision shall be marked with a permanent concrete reference marker capped with a noncorrosive metal plate, set not less than one inch (1") below the finished grade. (2010 Code § 22-78)

10-12-13: STREET IMPROVEMENTS:

A.   The subdivider of any subdivision designed to be used for residential, commercial, industrial or other purposes, shall pave all streets that are designed on the approved plat or that directly serve the subdivision by being adjacent thereto in accordance with the plans and specifications of the city now established by ordinance or resolution, or which may hereinafter be established by ordinance or resolution, or amended or modified, in accordance with the following provisions:
   1.   The design of an improvement of an intersection of any new street with an existing state or federal highway shall be in accordance with the state highway department, but in no case shall the standard be less than the applicable city specifications. (2010 Code § 22-79; amd. 2012 Code)
   2.   Whenever a subdivision contains a major street that requires a street facility that is more costly than is required to serve the future occupants of the subdivision, the subdivider shall be required to pay only the portion of the cost of the major street that would equal the cost of an improvement required to serve only the subdivision, as determined by the planning commission.
   3.   All driveways which connect with public streets shall be constructed in accordance with "Standard Design Of Driveway Entrances For Oklahoma Highways", revised September, 1956, and subsequent amendments thereto, as prepared by the state highway department.
   4.   Whenever a subdivision is adjacent to an already existing unpaved street, the subdivider will not be required to pave the entire breadth of said street, but only half of the same street adjacent and parallel to said subdivision. (2010 Code § 22-79)

10-12-14: SIDEWALKS:

A.   Sidewalks shall be required in all residential subdivisions on at least one (1) side of the street. At the time a plat is processed, the subdivider may request city commission approval of a temporary waiver for installing sidewalks in the portion of the plat being submitted for final plat approval. As a condition of any such waiver, the Commission may require a performance guarantee which complies with section 10-12-11.
B.   Absent a waiver from the Commission, sidewalks shall also be required on both sides of all streets providing direct access to any school site for a distance of two thousand feet (2,000') from the property line of said school.
C.   Sidewalks shall be constructed on both sides of collector streets, arterial, and major thoroughfares, and on the property line side of all frontage roads or major highways. For large scale commercial plats, the subdivider may request city commission approval of constructing a sidewalk on one (1) side only along any collector or arterial streets within or adjacent to the plat. In such case, the sidewalk shall have a minimum width of six feet (6') and shall be located not less than four feet (4') from the curb/curbline of the collector or arterial street. For industrial plats, the subdivider may request that the city commission waive the requirement of constructing sidewalks.
D.   Sidewalks, except as provided in subsection C above, shall be a minimum of five feet (5') in width unless placed directly behind the curb, in which case the minimum width shall be six feet (6'). The planning commission and the city commission may require additional sidewalks and sidewalk widths near commercial areas, parks, schools, and other places of public assembly. Construction detail drawings shall be provided with a plat application, depicting compliance with Americans with Disabilities Act (ADA) requirements for handicap-accessible sidewalks to be constructed as part of the subdivision. (2010 Code § 22-80; amd. Ord. 491, 2-14-2023)

10-12-15: WATER LINES:

A.   The subdivider shall install water lines and fire hydrants, and installation shall be in accordance with the specifications and policies governing water line construction.
B.   New or replacement water supply systems shall be designed to minimize or eliminate:
   1.   Infiltration of floodwater into such systems; and
   2.   Discharges from such systems into floodwaters. (2010 Code § 22-81)

10-12-16: SANITARY SEWERS:

A.   The subdivider shall install sanitary sewers whenever a sanitary sewer is reasonably accessible, as determined by the planning commission. Sanitary sewers shall be installed in accordance with specifications governing sanitary sewer construction.
B.   Whenever a sanitary sewer is not reasonably accessible, septic tanks or other unit disposal systems may be used in accordance with the following provisions:
   1.   No portion of any unit disposal system shall be located closer than ten feet (10') to the lot line of the lot on which the system is located.
   2.   All unit disposal system shall comply with the requirements of the state and county health departments.
C.   Whenever subdivisions contain forty (40) acres or more, the planning commission may require the subdivider to install sanitary sewers and a disposal plant that is adequate to serve all of the lots within the subdivision.
D.   New or replacement sanitary sewer systems shall be designed to minimize or eliminate:
   1.   Infiltration of floodwaters into such systems; and
   2.   Discharges from such systems into floodwaters and on site waste disposal systems shall be located so as to avoid impairment of them or contamination for them during flooding. (2010 Code § 22-82)

10-12-17: STORM SEWERS AND DRAINAGE:

Storm sewers and drainage shall be provided in accordance with the specifications contained in the ordinances and regulations relating thereto. (2010 Code § 22-83)

10-12-18: FLOOD PREVENTION; MAINTENANCE, SUPERVISION:

A.   All subdivision proposals and other proposed new development shall be reviewed to ensure that all such proposals are consistent with the need to minimize flood damage; that all public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated and constructed so as to minimize or eliminate flood damage; and that adequate drainage is provided so as to reduce exposure to flood hazards.
B.   Where the subdivision contains sewer, sewage treatment plants, water supply systems 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 agency having jurisdiction over the location and maintenance and supervision of such facilities. (2010 Code § 22-84)

10-12-19: AS BUILT PLANS:

One set of as built plans and specifications for the improvements herein required, certified and signed by an engineer registered in the state, shall be filed with the city clerk prior to the acceptance by the city commission of any improvements installed by the subdivider. (2010 Code § 22-85)

10-12-20: VARIATIONS AND EXCEPTIONS:

A.   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 these regulations would result in substantial hardship or inequity, the planning commission may vary or modify, except as otherwise indicated, such requirements of design, but not of procedure or improvements, so that the subdivider may develop his property in a reasonable manner, but also, at the same time, the public welfare and interests of the city are protected, and the general intent and spirit of these regulations preserved. Such modification may be granted upon written request of the subdivider stating the reasons for each modification and may be waived by three-fourths (3/4) vote of the regular membership of the planning commission.
B.   The city commission may, from time to time, adopt, amend and make public rules and regulations for the administration of these regulations to the end that the public be informed and that approval of plats be expedited. These regulations may be enlarged or amended by the city commission after public hearing, due notice of which shall be given as required by law. (2010 Code § 22-88)

10-12-21: VIOLATION:

A.   No building permit shall be issued for any new structure or change, improvement or alteration of any existing structure on any tract of land which does not comply with all of the provisions of this chapter.
B.   The city hereby defines its policy to be that said city will withhold all public improvements of whatsoever nature, including the maintenance of streets and the furnishing of sewerage facilities and water service, from all subdivisions and/or lot splits which have not been approved according to the provisions contained in this chapter, as amended, and from all areas dedicated to the public which have not been accepted by the city in the manner prescribed herein. (2010 Code § 22-89; amd. 2012 Code)