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Pryor Creek City Zoning Code

CHAPTER 13

SUBDIVISION DESIGN AND IMPROVEMENTS

10-13-1: APPLICABILITY:

Except as otherwise expressly stated, the design and improvement regulations of this chapter apply to all land divisions. (Ord. 2018-16, 12-4-2018)

10-13-2: REQUIRED INFRASTRUCTURE AND PUBLIC IMPROVEMENTS:

   A.   Except as otherwise expressly stated, developers are responsible for the construction and installation of infrastructure and public improvements in accordance with the regulations of this chapter. Required infrastructure and improvements must comply with all applicable design criteria and standard specifications.
   B.   All improvements must be designed and installed to provide for a logical inter-connected system of infrastructure and to create continuity of improvements that will facilitate land development on adjacent properties.
   C.   If a developer files a final plat for only a portion of a development for which a preliminary plat was approved, the infrastructure and improvements required to be constructed, installed, and maintained are those improvements that the City Engineer reasonably deems necessary to serve the lots shown on the final plat.
   D.   A developer may seek formal acceptance of improvements to be dedicated to the public after all the following have occurred:
      1.   The developer has submitted all required record plans for such improvements to the City Engineer;
      2.   The City has conducted field inspections to ensure that improvements are installed and constructed in accordance with the submitted record plans; and
      3.   The owner has certified that there are no liens against the subject property.
   E.   Unless otherwise expressly stated, the developer is responsible for maintenance of all required infrastructure and improvements, including rights-of-way, to the standards of these regulations until the City, another unit of government, a property owners' association, or other legal entity assumes actual responsibility for maintenance of the infrastructure and improvements (see section 10-13-16 of this chapter). Final plats must include the developer's signed acknowledgement of this maintenance responsibility. (Ord. 2018-16, 12-4-2018)

10-13-3: BLOCKS:

   A.   General: The size and shape of blocks must be suitable for the proposed development and be laid out in a pattern that ensures the connectivity of streets and nonmotorized travel routes and provides for efficient provision of public and safety services.
   B.   Depth: Blocks must have a depth that accommodates at least two (2) rows of lots, except when reverse frontage along major streets is provided or when prevented by topographic conditions or other physical constraints, such as property size or location next to railroads, water bodies or public parks or open spaces.
   C.   Length:
      1.   To provide safe and convenient motorized and nonmotorized travel routes within and among neighborhoods and minimize out-of- direction travel, blocks within new residential subdivisions may not exceed the maximum block lengths established in table 13-1 of this section.
TABLE 13-1
MAXIMUM BLOCK LENGTHS
PL = Property line (at end of block)
 
Mean Lot Width1 Of All Fronting Lots
Maximum Block Length Without Mid-Block Pedestrian Connection (PL To PL)
Maximum Block Length With Mid-Block Pedestrian Connection (PL To PL)
>125'
1,000'
1,320'
70' to 125'
850'
1,000'
<70'
700'
850'
 
Note:
      1.      Lot widths must be measured in accordance with the lot width measurement definition of this UDO.
      2.   Block lengths are measured along the street frontage from property line to property line at opposite ends of the subject block.
      3.   Mid-block pedestrian connections must be located within two hundred feet (200') of the actual mid-point between intersecting streets and be in the form of a sidewalk, shared-use path, alley or similar alternative that provides ADA-compliant connection that minimizes out-of-direction nonmotorized travel.
      4.   Exceptions to the block length and mid-block connection regulations of this section may be approved in accordance with the modification procedures of section 10-15-6 of this title. In order to approve such modifications, the decision-making body must determine that the general modification approval criteria are met and that topography, natural resources (e.g., wetlands, woodlands, floodplains, wildlife habitats), existing development or other physical constraints make shorter block lengths or midblock connections undesirable or impractical or that it is unreasonable to impose otherwise applicable block length and mid-block connection regulations based on the existing pattern of development, or other relevant factors.
      5.   Decision-making bodies are authorized to condition modifications to the regulations of this section on the provision of traffic calming improvements, emergency vehicle access routes, and access features that provide safe and convenient motorized and non-motorized access to schools, playgrounds, shopping areas, transportation routes and other community facilities.
      6.   The block length regulations of this section do not apply to nonresidential subdivisions or along arterial streets if the City Engineer determines that access control policies or other safety or traffic management policies require longer block lengths along such major streets. (Ord. 2018-16, 12-4-2018)

10-13-4: LOTS:

   A.   General: The size, shape and orientation of lots must comply with applicable zoning regulations. When lots will not be served by centralized sewer or water service, lot dimensions and area must comply with the requirements of the Oklahoma Department of Environmental Quality.
   B.   Flag Lots:
      1.   The creation of flag lots is prohibited unless the authorized decision-making body determines that a flag lot design is necessary to:
         a.   Limit direct access onto a major street;
         b.   Provide greater protection of sensitive natural resources areas;
         c.   Hide or conceal utility buildings/substations, or radio, television or telecommunication towers; or
         d.   Avoid substantial hardship to the subject property owner due to the property's topography or another such condition.
      2.   Decision-making bodies are authorized to impose conditions on the approval of a flag lot, including but not limited to requirements for shared driveways, maximum flag pole length, minimum street frontage and minimum flag pole width.
   C.   Access To Lots:
      1.   General: Land must be divided in a way that affords each lot with access to a street that complies with the applicable provisions of these regulations.
      2.   Reserve Areas: These regulations recognize that it may occasionally be necessary and in the public interest to create lots designated as reserve areas to be occupied by stormwater detention, common recreation, private rights-of-way or other similar uses, subject to the common area maintenance provisions of section 10-13-16 of this chapter. If declared reserved for such purposes by restrictive covenants or other recorded legal documents approved by the City, reserve areas are exempt from the lot regulations of this section. (Ord. 2018-16, 12-4-2018)

10-13-5: STREETS:

   A.   Applicability: The standards of this section apply to all streets unless otherwise expressly stated.
   B.   Complete Streets: All new and modified streets must be designed and constructed in accordance with the "complete streets" regulations of section 7-1-13 of this Code.
   C.   Access: All lots must have an approved means of access to a public street or an approved private street that complies with the street standards of this section.
      1.   Reserve strips controlling access to streets are prohibited except where their control is placed with the City under conditions approved as part of the land division.
      2.   When proposed lots abut an existing or proposed major street, the decision-making body is authorized to require one or more of the following:
         a.   Create through lots that back onto the arterial street and front onto and take access from a parallel street, coupled with the installation of a fence, wall or vegetative visual screen along the arterial street frontage;
         b.   Provide a frontage road separated from the arterial street;
         c.   Establish deed restrictions or other legally enforceable means of preventing private driveway access to the arterial street;
         d.   Provide a cross-access easement to abutting properties that front on the same arterial street; or
         e.   Provide a mutual, reciprocal, non-exclusive easement (mutual access easement) to ensure perpetual access to the subject property.
   D.   General Street Layout:
      1.   The arrangement and layout of all streets must conform to the comprehensive plan.
      2.   When streets are not shown on the comprehensive plan, the arrangement and layout of new streets must:
         a.   Create an integrated system of streets and nonmotorized transportation facilities that provide for safe and efficient access to lots and movement of people;
         b.   Provide for the efficient movement of through traffic by providing an interconnected network of streets and nonmotorized transportation facilities to avoid isolation of areas and over- reliance on major streets and highways; and
         c.   Be uncomplicated, so that emergency services, public services, and visitors can find their way to their intended destinations.
   E.   Connectivity Of Streets And Nonmotorized Transportation Facilities:
      1.   Intent: Connected streets and nonmotorized transportation facilities help ensure connected neighborhoods; pedestrian access to adjacent parks, schools, libraries and other public amenities; diffusion and distribution of traffic among multiple travel routes; and easy access by public and emergency service vehicles.
      2.   Requirement: When new public streets or public nonmotorized transportation facilities are required to be constructed as part of a development, they must connect to similar public improvements within the development and be extended to the outer perimeter of the development so that they can be connected to similar public improvements in the future.
   F.   Dead-End Streets:
      1.   Temporary Dead-End ("Stub") Streets:
         a.   Temporary turnarounds must be provided at the end of stub streets that are intended for extension when a subsequent phase of the development is completed or when the abutting property is developed if the stub street is more than one hundred feet (100') in length, as measured from the centerline of the intersecting street to the perimeter of the subdivision to which the stub street extends.
         b.   At the time that the temporary dead-end street is extended or connected to another street segment, any existing temporary turnaround must be removed by the developer responsible for extending the street. If for any reason the stub street is not extended, a permanent turnaround must be constructed by the subject developer on the (abutting) site being developed.
         c.   Stub streets must be clearly marked on plats and labeled "Future Street Extension". In addition, developers must post an approved sign in the right-of-way of the stub street indicating that the temporary dead-end (stub) street is intended as a "Future Street Extension".
         d.   The following notation must be incorporated into any plat showing a stub street:
THIS STREET RIGHT-OF-WAY IS NOT INTENDED TO BE A PERMANENT DEAD-END STREET. IT IS PLATTED WITH THE INTENT OF BEING EXTENDED AND CONNECTED TO STREETS THAT MAY BE BUILT IN THE FUTURE, THEREBY PROVIDING ACCESS TO AND FROM ABUTTING PROPERTIES.
      2.   Permanent Dead-End Streets:
         a.   All approved permanent dead-end streets must comply with International Fire Code standards.
         b.   Permanent dead-end streets may not exceed five hundred feet (500') in length measured from the centerline of the intersecting street to the center of the turn-around. If a modification of maximum length regulations is approved, decision-making bodies are authorized to impose one or more of the following conditions:
            (1)   Supplemental emergency vehicle access routes;
            (2)   A pedestrian access easement from the terminus of the dead- end street;
            (3)   A planted island with a pervious or bioretention landscaped area in the center of any cul-de-sac bulb; or
            (4)   Other requirements designed to ensure connectivity, decrease stormwater runoff, or otherwise promote the purposes of these subdivision regulations.
   G.   Right-Of-Way Widths: The minimum right-of-way width of all new streets must comply with table 13-2 of this section.
TABLE 13-2
MINIMUM RIGHT-OF-WAY WIDTH FOR STREETS
 
Street Type
Minimum ROW Width
Primary arterial
120'
Secondary arterial
80'
Residential collector
60'
Commercial/industrial collector
70'
Local street
50'1
 
Note:
      1.    Minimum ROW width of 60 feet required for streets without curb and gutter.
   H.   Street Pavement Width, Construction And Design: All streets must comply with pavement width, street surfacing, design, and other requirements established in the standards and specifications of the City.
   I.   Private Streets:
      1.   Private streets require review and approval through the development plan procedures. Such streets are subject to all applicable regulations of this section.
      2.   Except as expressly approved through approval of a development plan (see section 10-15-7 of this title), private streets must be constructed in accordance with the same regulations that apply to public streets and must include sidewalks and all street fixtures required for public streets.
      3.   Maintenance responsibility for private streets must be established in accordance with section 10-13-16 of this chapter.
      4.   The cost of powering street lights along private streets is the sole responsibility of the property owners' association or other legal entity responsible for perpetual maintenance (see section 10-13-16 of this chapter).
      5.   Private street entrances (at the gate) must have entrance and exit lanes, with lanes having a width of at least fourteen feet (14'). If covered, travel lanes must have a minimum vertical clearance of fourteen feet (14').
      6.   Call boxes must be located at least sixty feet (60') from the curb line of the public street from which the private street is accessed.
      7.   Private streets intersecting with public streets must have a vehicle turn-around area before any entrance gate that allows a passenger vehicle to complete a turn-around completely outside of the right-of-way of the intersecting public street.
      8.   Guaranteed access to all emergency vehicles must be provided at all entrances even in case of electrical power loss.
      9.   Gate designs, security systems and access controls must be reviewed and approved by the Technical Advisory Committee before installation. Hard-tempered steel locks are prohibited.
   J.   Street Intersections:
      1.   All street intersections involving arterial streets must be at right angles. The City Engineer is authorized to approve intersection designs that are within fifteen degrees (15°) of a right angle when reasonably determined to be necessary to address pedestrian and vehicle safety, topography or similar considerations.
      2.   Where there is an offset in the alignment of a street across an intersection on a major street, the centerline offset (jog) must be at least one hundred twenty five feet (125'). Alternative centerline offsets may be approved by the City Engineer when reasonably determined to be necessary to address turn-lane stacking or traffic safety considerations. (Ord. 2018-16, 12-4-2018)

10-13-6: SIDEWALKS:

   A.   Sidewalks must be installed on both sides of all arterial streets and one side of all other streets. Decision-making bodies are authorized to require the installation of sidewalks in other locations, such as at the end of permanent dead-end streets when they determine that such sidewalks will create a logical and well-connected pedestrian circulation system.
   B.   Decision-making bodies are authorized to approve a modification (see section 10-15-6 of this title) waiving the requirement for sidewalk installation when they determine that the general modification approval criteria are met and that topography, natural resource constraints or other factors unique to the subject property make sidewalk installation impractical.
   C.   Sidewalks must be located inside the right-of-way line or in an alternative location approved by the Community Development Director.
   D.   All sidewalks must be constructed in accordance with the standards and specifications of the City, including sidewalk width requirements. When a sidewalk will provide a connection between existing sidewalks that are less than current required widths, the new sidewalk connection may be tapered to match the width of the sidewalk to which the connection is being made. This reduced width taper may not extend more than seven feet (7') from the point of connection and must comply with ADA requirements. (Ord. 2018-16, 12-4-2018)

10-13-7: FLOOD PROTECTION AND TOPOGRAPHY:

   A.   All natural drainage courses into which other drainage courses empty must be left undisturbed and be provided with adequate easements or dedicated rights-of-way. Street alignment should follow contour lines or be generally parallel to such drainage ways.
   B.   The subdivision must be designed to ensure that peak release rates from developments will not exceed the existing runoff that occurred before development for all storm frequencies up to and including the 100-year frequency storm.
   C.   See also the flood protection regulations of chapter 14 of this title. (Ord. 2018-16, 12-4-2018)

10-13-8: STORMWATER MANAGEMENT:

Developers are responsible for designing and installing stormwater management facilities in accordance with all applicable City requirements including subdivision designs that incorporate low-impact development Best Management Practices for reducing runoff and mimicking a site's predevelopment hydrology by minimizing disturbed areas and impervious cover and then infiltrating, filtering, storing, evaporating, and detaining stormwater runoff close to its source. Low-impact development practices include measures such as preserving undeveloped open space, biofiltration, reducing impervious cover and using porous pavement. (Ord. 2018-16, 12-4-2018)

10-13-9: WATER SUPPLY:

   A.   Water service must be made available to each lot within a proposed development. The developer must enter into an agreement with the City for water service.
   B.   Fire hydrants must be provided by the developer in accordance with the requirements of the Superintendent of Utilities and the Fire Department. (Ord. 2018-16, 12-4-2018)

10-13-10: SEWAGE DISPOSAL:

See title 9, chapter 9 of this Code. (Ord. 2018-16, 12-4-2018)

10-13-11: UTILITIES:

   A.   Developers must make all necessary arrangements with respective utility providers for the installation of utilities, including water, sanitary sewer, gas, electrical, and communications service.
   B.   Overhead lines for the supply of electric, telephone, communication, and cable television services may be located within alleys or perimeter easements of a subdivision. Street light poles or standards may be served by overhead line or underground cable. All other supply lines for electric, telephone, communication, cable television, natural gas and similar services must be located underground in easements dedicated for general utility services and in street rights-of- way. Service pedestals and transformers, as sources of supply at secondary voltages, may also be located in such utility easements.
   C.   No underground water, electric, gas, communication service or other similar utility may be placed within a storm or sanitary sewer easement, except for crossings, unless expressly approved by the City Engineer. (Ord. 2018-16, 12-4-2018)

10-13-12: EASEMENTS:

Easements must be provided by the developer when review agencies and authorized decision-making bodies determine that such easements are necessary or desirable to accommodate utilities, drainage facilities or maintenance (surface or subsurface), Best Management Practices, pedestrian access, emergency vehicle access or other necessary facilities and improvements. (Ord. 2018-16, 12-4-2018)

10-13-13: STREET LIGHTS:

Decision-making bodies are authorized to require the installation of street lights along streets. The location and type will be determined during the development review process based on guidelines established in the American National Standard Practice for Roadway Lighting (ANSI/IESNA RP-8-00). (Ord. 2018-16, 12-4-2018)

10-13-14: STREET SIGNS AND TRAFFIC CONTROL DEVICES:

All street signs, traffic control devices and related apparatus must comply with City standards. (Ord. 2018-16, 12-4-2018)

10-13-15: PERFORMANCE GUARANTEES AND SECURITY:

   A.   Purpose: Performance guarantee and security requirements are established to address those circumstances under which a developer wishes to receive final plat approval and record the approved final plat before installing required infrastructure and public improvements. The provisions help ensure that funding is in place to cover the cost of installing any required improvements that are not installed by the developer within a reasonable period of time after receiving final plat approval.
   B.   Term Of Agreement: The term of a performance guarantee may not exceed two (2) years. If the developer has not completed the required infrastructure and public improvements within the 2-year period, the Community Development Director is authorized to approve one extension of up to six (6) months in duration. Any additional extensions or extensions of a longer duration require approval as part of the land division. Decision-making bodies are authorized to require updated improvement cost estimates and additional security as a condition of any extension granted.
   C.   Form And Amount Of Security:
      1.   Security must be in the form of an irrevocable letter of credit, cash or other instrument readily convertible to cash, as approved by the City Attorney or District Attorney. The performance guarantee and security must be conditioned upon the performance of all work necessary to complete the required infrastructure and improvements.
      2.   The estimated total cost of any required infrastructure and improvements that have not been installed by the developer prior to recording of the approved final plat must be itemized by improvement type and certified by the developer's registered engineer. Cost estimates must be based on industry norms within Mayes County.
      3.   The amount of the performance guarantee must equal at least one hundred ten percent (110%) of the estimated total cost of all required infrastructure and improvements that have not been installed by the developer prior to recording of the approved final plat.
   D.   Default And Use Of Security: If the developer fails to properly install required infrastructure and improvements within the term of the guarantee and any approved extension, the guarantee will be deemed in default. In the case of default, the City is authorized to draw or foreclose upon the security funds to fund completion of the required infrastructure and improvements or to contract for installation of the required infrastructure and improvements. If the cost of completing the required infrastructure and improvements exceeds the security amount, the developer is liable for all excess costs. Any security funds to be drawn upon or foreclosed will be subject to an administrative fee that reflects the City's actual costs associated with preparing bid documents and preparing and administering a contract for the work to be completed.
   E.   Release Of Security: The security must be released once all the following occur:
      1.   The conditions of the performance guarantee have been completed to the satisfaction of all agencies with jurisdiction over the improvements;
      2.   Any required maintenance guarantee has been provided;
      3.   A final inspection has been conducted by the City Engineer or other qualified professional selected by the City Engineer and retained by the developer;
      4.   Written evidence has been submitted that all owners of the infrastructure and improvements have accepted ownership of the improvements;
      5.   The developer has provided as-built or record plans showing monuments, streets, curbs, sidewalks and all other infrastructure and public improvements as they were installed; and
      6.   All required certifications of completion have been provided.
   F.   Plat Vacation: Vacation of the plat as provided by State Statute removes the obligation to construct improvements and constitutes grounds for release of any remaining financial guarantee. (Ord. 2018-16, 12-4-2018)

10-13-16: PERPETUAL MAINTENANCE OF COMMON AREAS AND IMPROVEMENTS:

   A.   Maintenance Obligation For Common Areas And Improvements:
      1.   The obligation for perpetual maintenance of any common areas and public or private improvements within a development must be established by the developer and approved as part of the land division. Such obligation must be provided for in the plat, or for developments not required to be platted, by a deed restriction or other appropriate document recorded with the County Clerk.
      2.   If multiple property owners will be responsible for perpetual maintenance and control of common areas and public or private improvements, a property owners' association must be established. Each property owner, by acceptance of a deed to a property within the development, will be deemed to have agreed to be a member of the property owners' association and be subject to assessment for maintenance of the common areas and public or private improvements.
      3.   If the entire development is to remain under single ownership, the common areas and public or private improvements must be maintained by the owner of the property.
   B.   Declarations And Covenants:
      1.   Declarations and covenants guaranteeing ongoing maintenance of common areas and public or private improvements must be established within a deed of dedication accompanying a plat or, for developments subject to these regulations but not required to be platted, by a deed restriction or other appropriate document recorded with the County Clerk.
      2.   The declarations and covenants must expressly authorize the City to correct maintenance deficiencies in areas containing public improvements that the property owner or property owners' association is required to maintain, and to recover actual costs and any legal fees from the subject property owner or property owners' association if maintenance duties are not carried out, and to establish and enforce a lien against the property in the development for recovery of the costs and fees. (Ord. 2018-16, 12-4-2018)

10-13-17: SURVEYS AND MONUMENTS:

Surveys and monuments must comply with the Minimum Standards for the Practice of Land Surveying, as promulgated by the Oklahoma State Board of Licensure for Professional Engineers and Land Surveyors. (Ord. 2018-16, 12-4-2018)