This chapter shall be known as the "SUBDIVISION CODE" of the city and may be referred to as the Seminole subdivision regulations and is intended to serve the following purposes:

   A.   To assist orderly, efficient and coordinated development within the territorial jurisdiction;

   B.   To promote the health, safety, morals and general welfare of the residents of the city and environs;

   C.   To ensure conformance of subdivision plans with the public improvement plans of the city and environs; and

   D.   To secure equitable handling of all subdivision plans by providing uniform procedures and standards for observance both by subdividers and the city planning commission. (2000 Code § 12-401)

   The regulations of this chapter for the subdividing and developing of land within the city limits are adopted in accordance with the provisions of 11 Oklahoma Statutes sections 43-101 through 43-109 and 45-104. (2000 Code § 12-402)

   A.   Plats And Plans Required: Any subdivider of land within the territorial jurisdiction shall submit to the city planning commission plats of the subdivision and plans for indicated improvements according to this chapter. In considering the approval of a plat, the commission shall observe and enforce the requirements and procedures set forth herein. In the case of a plat constituting a replat of land into two (2) or more lots, all of which will be served by an existing street or streets, the commission shall have the power to vary these requirements so that substantial justice may be done and the public interest served.

   B.   Plat Approval And Acceptance: No subdivider proposing to make or having made a subdivision within the territorial jurisdiction shall proceed with any construction work on the proposed subdivision, including grading, before obtaining a certificate of preliminary plat approval, and shall not convey title to any lot or lots before obtaining from the commission a certificate of final plat approval and acceptance of the plat. (2000 Code § 12-403)

   As used in this chapter, words in the present tense include the future; words in the singular include the plural, and words in the plural include the singular; "building" includes "structure"; "shall" is mandatory and not directory. For the purpose of this chapter, the terms defined in this section shall have the meanings respectively ascribed to them unless the context clearly requires a different meaning:

   ALLEY: A minor permanent public service way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.

   BUILDING LINE: A line across a lot establishing the minimum open space to be provided between the buildings and structures and the street property line.

   CITY: The city of Seminole, Seminole County, Oklahoma.

   CITY CLERK: The city clerk or his designated representative of the city.

   CITY ENGINEER: The city engineer or his designated representative of the city, or the engineering authority of the city, whichever has jurisdiction.

   COMMISSION: The Seminole planning commission.

   COUNTY: Seminole County, Oklahoma.

   CUL-DE-SAC: A short street having one end open to traffic and being permanently terminated within the plat by a vehicular turnaround.

   EASEMENT: A grant by the property owner for the use by the public, a corporation, or persons of a strip of land for specific purposes.

   ENGINEER: A registered engineer licensed to practice in the state.

   FINAL PLAT: A finished drawing showing completely and accurately all legal and engineering information and certification necessary for recording, and includes the bill of assurance.

   FRONTAGE ROAD: A street, parallel to and adjacent to a major highway or thoroughfare, which provides access to abutting properties.

   HEALTH DEPARTMENT: The Seminole health department, the Seminole County health department, or the Oklahoma state department of health, whichever has jurisdiction.

   LOT: A portion of a subdivision, or any other parcel of land, intended as a unit for transfer of ownership or for development.

   LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection.

   LOT, THROUGH: A lot other than a corner lot abutting upon two (2) or more streets.

   MASTER PLAN: The complete plan, or any of its parts, for the development of all or part of the territorial jurisdiction area, as adopted by the city as is now or may be hereafter in effect.

   PLAT: A map or chart indicating the subdivision or resubdivision of land, intended to be filed for record.

   PRELIMINARY PLAT: A drawing which shows the proposed layout of a subdivision in sufficient detail to indicate unquestionably its workability in all aspects, but is not in final form for recording and the details are not completely computed.

   STAFF: The employees of the city administering this chapter.

   STREET: A dedicated and accepted right of way for vehicular traffic which affords the principal means of access to abutting property.

   SUBDIVIDER: Any person, individual, firm, partnership, association, corporation, estate or trust, or any other group or combination acting as a unit, dividing or proposing to divide land so as to constitute a "subdivision" as herein defined, and includes any agent of the subdivider.

   SUBDIVISION: Includes all divisions of a tract or parcel of land into two (2) or more lots, building sites or other divisions for the purpose, whether immediate or future, of sale or building development, and includes all divisions of land involving the dedication of a new street or a change in existing streets; provided, however, that the following shall not be included within this definition nor be subject to the subdivision rules and regulations of the city:

   A.   The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards or ordinances of the city;

   B.   The division of land into parcels greater than five (5) acres where no street right of way dedication is involved; and

   C.   The public acquisition by purchase or dedication of parcels of land for the widening or opening of streets or other improvements.

   TERRITORIAL JURISDICTION: All land lying within the planning area of the Seminole planning commission as prescribed by the Oklahoma Statutes. (2000 Code § 12-404)

   A.   Preapplication Consideration: Whenever any subdivision of a tract of land is proposed to be made, the subdivider or his agent may submit to the staff sketch plans and data concerning existing conditions within the site and in its vicinity, which shall convey the intentions of the subdivider as to the proposed layout and type of development. No fees shall be collected for preapplication consideration, the purpose being to acquaint the subdivider with the plans and policies in effect that would be significant to the proposed subdivision. Within fifteen (15) days, the planning commission shall inform the subdivider that the plans and data as submitted or as modified do or do not meet the objectives of this chapter. When the planning commission finds the plans and data do not meet the objectives of this chapter, it shall express its reasons therefor.

   B.   Application For Certificate Of Preliminary Plat Approval: Whenever any subdivision of a tract of land is proposed to be made, the subdivider shall first submit to the staff an application for a certificate of preliminary plat approval which shall consist of:

      1.   A letter of request;

      2.   Plats, plans and data as specified in section 12-4-7 of this chapter, concerning existing conditions within the site and its vicinity and which shall convey the intentions of the subdivider as to the proposed layout and type of development;

      3.   A filing fee as specified in section 12-4-27 of this chapter; and

      4.   The commission may, prior to acting on a preliminary plat, hold a hearing thereon at such time and upon such notice as the commission may designate.

   C.   Approval Of Preliminary Plat: Upon receipt of an application for a certificate of preliminary approval, the staff shall check the application for conformance to this chapter and shall also consider letters or certificates of approval or disapproval from city, county and state agencies, as well as from the utility companies. The staff shall report to the commission at its regular meeting on all applications for preliminary approval. In considering a submittal, the staff may introduce such changes as necessary to meet the intent of this chapter and to serve the best interests and needs of the community. The subdivider, in the letter of application, may request direct action on the application by the commission at its next regular meeting. In such case, the commission need not take action on any application received less than ten (10) days before its meeting. Commission approval or disapproval of a preliminary plat shall be reported to the subdivider in writing within five (5) days after the meeting at which it was considered. A disapproved preliminary plat may be resubmitted to the commission after changes have been made as suggested, or carried to the commission for its direct action. Approval of a preliminary plat shall be given by the commission by the issuance of a certificate of preliminary plat approval, or, if the application is disapproved, the applicant shall be so notified in writing and the reasons therefor shall be enumerated. The staff shall initiate action on an application within seven (7) days of submission. One copy of the approved preliminary plat shall be retained in the commission's files, and one copy endorsed with the certificate of preliminary plat approval shall be returned to the subdivider. Approval of the preliminary plat shall be governed by the following qualifications:

      1.   Approval of a preliminary plat is only tentative pending submission of the final plat;

      2.   Approval of the preliminary plat shall be effective and binding upon the commission for one year, and thereafter as long as work is actively progressing on installation of required improvements;

      3.   Receipt by the subdivider of the executed certificate of preliminary plat approval is authorization to proceed with the preparation of any necessary plans and specifications for the installation of any improvements required, subject to the approval of agencies having authority; and

      4.   The preparation of the final plat or part thereof as specified in section 12-4-8 of this chapter. (2000 Code § 12-405)

   A.   Application For Approval Of Final Plat: Whenever the provisions of this chapter have been complied with and while the certificate of preliminary plat approval is in effect, the subdivider may submit to the staff an application for review and approval of the final plat, which should consist of:

      1.   A letter of application requesting review and final approval of the plat;

      2.   The final plat and other documents specified in section 12-4-8 of this chapter; and

      3.   A filing fee as specified in section 12-4-27 of this chapter.

   B.   Procedure For Approval Of Final Plat: Whenever the final plat has been submitted to the staff, which final plat conforms to an approved preliminary plat and the provisions of section 12-4-8 of this chapter, the staff shall have the authority to approve the final plat. If the staff fails to approve the final plat, it shall be submitted to the commission for its consideration and action. The commission may cause a registered engineer to check the final plat for correctness, charging the cost to the subdivider, if the plat is found to be in error. The commission need not take action on any application received less than ten (10) days before its meeting. Failure of the commission to act within forty (40) days from receipt of an application shall be deemed approval of the final plat and waives all further plat requirements of this chapter. Such failure to act shall be so noted by the staff on the plat to be filed for record. If the final plat is disapproved, the applicant shall be so notified in writing and the reasons therefor shall be enumerated. Final approval of the final plat shall be indicated by:

      1.   Executing a certificate of final plat approval on the plat when all required improvements have been certified under provisions of this chapter as being installed or in lieu thereof; and

      2.   Executing a notice of final approval when the subdivider elects to post a performance bond for installation of the required improvements at a later date.

   C.   Certificate Of Final Plat Approval: Whenever a subdivider has been issued a notice of final approval, the staff shall execute a certificate of final plat approval on the plat upon certification by the city clerk or the city engineer that the city has received one of the following:

      1.   Certificate submitted by subdivider and approved by city engineer stating that improvements and installations to the subdivision required for approval under terms of this chapter have been made, added or installed in accordance with these specifications;

      2.   A contract between the subdivider and the city to install the required improvements, such contract to be based on a satisfactory demonstration to the planning commission of his financial ability to make the required improvements;

      3.   A performance bond which shall be in an amount determined by the city engineer to be sufficient to complete improvements and installations for subdivision in compliance with this chapter; run to the city; be with surety by a company entered and licensed to do business in the state; and specify time for completion of the improvements and installations; or

      4.   A cash or escrow deposit in the full amount as determined by the city engineer necessary to complete the improvements and installations for the subdivision in compliance with this chapter. Such cash deposit may be withdrawn in direct proportion to the amount of work completed as approved by the commission.

   D.   Acceptance Of Dedications: Approval of the final plat by the commission shall not be deemed acceptance of any of the dedications shown on the plat, it being contemplated that such acceptance will be made by the city or the county as prescribed by law.

   E.   Recording Of Final Plat; Copy Filed With Commission: Upon recording of the approved final plat, the reproducible linen print of the final plat with all certificates endorsed shall be returned to the commission for its files.

   F.   Certification Of Improvements: Upon completion of installation of the improvements required by this chapter, a letter shall be submitted by a registered professional engineer, certifying that all improvements and installations have been made in accordance with the submitted construction plans and drawings and the standards established by the city or the county, and are functioning properly. (2000 Code § 12-406)

   A.   Requirements: The submission to the staff of a preliminary plat shall consist of five (5) black or blue line prints on white background, and such other documents in five (5) copies as are necessary to meet the requirements of this section. The preliminary plat shall be clearly and legibly drawn. The size of the plat shall not be smaller than eight and one-half inches by eleven inches (81/2" x 11"). The plat of a subdivision containing six (6) acres or more shall be drawn at a scale of one inch equals one hundred feet (1" = 100'), unless otherwise determined by the commission or the staff. The preliminary plat shall contain the following information:

      2.   Name and address of owner of record, the subdivider and the engineer preparing the plat.

      3.   Source of title, giving deed record book and page number.

      4.   Date of survey, north point and graphic scale.

      5.   Preliminary engineering certificate.

      6.   Location of the tract by legal description giving acreage.

      7.   Vicinity map locating streets and highways, section lines, railroads, schools, parks and other significant features within one-half (1/2) mile of the proposed subdivision.

      9.   Contour intervals to sea level datum of not more than two feet (2') when the slope is less than four percent (4%) and not more than five feet (5') when the slope is greater than four percent (4%) referenced to a United States geological survey or coast and geodetic survey bench mark or monument.

      10.   Natural features within and surrounding the proposed subdivision including drainage channels, bodies of water, wooded areas and other significant features. On all watercourses leaving the tract, the direction of flow shall be indicated, and for all watercourses entering the tract, the drainage area above that point of entry shall be noted.

      11.   Cultural features within and surrounding the proposed subdivision, including existing and platted streets, bridges, culverts, utility lines, pipelines, power transmission lines, all easements, park areas, structures, city and county lines, section lines and other significant information.

      12.   Names of recorded subdivisions abutting the proposed subdivision with plat book and page number.

      13.   Names of owners of unsubdivided property abutting the proposed subdivision.

      14.   Zoning districts, if applicable.

      15.   Proposed layout, including lot lines with rough dimensions, lot numbers, block numbers, street and alley lines with proposed street names, rights of way widths, sites reserved for parks, playgrounds, schools, etc., sites for nonresidential, nonpublic uses, and building lines with dimensions.

      16.   The minimum lot area in square feet for lots served by septic tanks shall be twenty thousand (20,000) square feet, provided the percolation reports are approved by the health department; and provided further, evidence shall be shown that the disposal system is correlated with topography features of the proposed lots.

   B.   Accompanying Information: The preliminary plat shall be accompanied by the following information:

      1.   Source of water supply.

      2.   Provisions for sewage disposal, drainage and flood control.

      3.   Typical cross sections of all streets. Centerline profiles of approximate street grades derived from office computations may be required by the staff if deemed advisable.

      4.   Such other information as the subdivider wishes to bring to the attention of the commission. (2000 Code § 12-407)

   A.   Requirements: The submission of a final plat shall consist of the original drawing plus five (5) prints, plus other documents in five (5) copies as are necessary to meet the requirements of this section. The subdivider shall also furnish the commission with one reproducible linen print or other comparable transparent print of the final drawing showing the executed certificates as specified in section 12-4-9 of this chapter. The final plat shall be clearly and legibly drawn in black ink on tracing cloth. The size of the plat shall not be larger than seventeen and one-half inches by twenty three and one-fourth inches (171/2" x 231/4"), including margins, when the plat is drawn at a scale of one inch equals one hundred feet (1" = 100'). Plats may be drawn on larger sheets; provided, that reductions to the above maximum size will be legible in all respects. The commission may require specific scales to be used. The final plat shall contain the following information:

      2.   Source of title, giving deed record book and page number.

      3.   Date of drawing, north point and graphic scale.

      4.   Location of tract by legal description, giving acreage.

      5.   Vicinity map.

      6.   Key map when more than one sheet is required to present the plat.

      7.   True courses and distances to the two (2) nearest established section corners or bench marks or other recognized permanent monuments which shall accurately describe the location of the plat.

      8.   Exact boundary lines of the tract indicated by a heavy line, or other acceptable control traverse, giving dimensions to the nearest one-tenth foot (0.1') and angles to the nearest minute, which shall be balanced and closed with an error of closure not to exceed one to five thousand (1:5,000).

      10.   Street and alley and other right of way lines with location and width, with street names indicated.

      11.   Street centerlines showing angles of deflection, angles of intersection, radii, length of tangents and arcs, and degree of curvature with basis of curve data.

      12.   Lot lines with dimensions to the nearest one-tenth foot (0.1'), necessary internal angles, arcs and chords and radii of rounded corners.

      14.   Lot and block numbers.

      15.   Easements and public service or utility right of way lines giving dimensions, locations and purpose.

      16.   Accurate outlines and description of any areas to be dedicated for public use or acquisition with the purpose indicated thereon; and of any areas to be reserved by deed covenant for common uses of all property owners.

      17.   Accurate location and description of all monuments.

      18.   Certificate of engineering accuracy.

      19.   Certificate of owner.

      20.   Certificate of final plat approval.

      21.   Certificate of recording.

   B.   Accompanying Documents: The final plat shall be accompanied by the following information and documents unless shown on the plat itself:

      1.   Bill of assurance, including, but not limited to, the following provisions: offering dedications of streets and alleys, parks and other public lands; establishing easements, setting forth privileges and conditions pertaining thereto, and setting forth the restrictions and covenants of the subdivisions; setting forth procedure by which amendments to the bill of assurance can be made. Such bill of assurance shall contain reference to the approval of the final plat.

      2.   Certificate of approval of water supply and sanitary sewage disposal by the appropriate agency when not connected to the municipal system.

      3.   All calculations and field notes when required by the commission.

      4.   House numbering plan, three (3) copies. (2000 Code § 12-408)

   Each preliminary plat submitted to the commission shall carry the following certificates thereon:

   A.   Preliminary Engineering Certificate:

   A.   Waiver Of Requirements: The commission, upon the request of the subdivider, shall waive the requirements of design, but not of procedure or improvements, whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in this chapter would result in substantial hardship or inequity. Such modification may be granted upon written request of the subdivider or his engineer stating the reason or reasons for each modification, and approval of such modification shall require a four-fifths (4/5) vote of the regular membership of the council or two-thirds (2/3) vote of the regular membership of the commission.