In order to promote the health, safety, morals and general welfare of present and future residents of the city and to bring about the coordinated, efficient, and economic development and growth of the city, the following regulations for the development and subdividing of land and property within the corporate limits of the city are hereby adopted and established pursuant to law.

(Prior Code, § 20-1.1; Code 1983, § 12-401)

These regulations shall apply to the following forms of subdividing and developing of land within the corporate limits of the city:

(1)

The establishment, erection, or construction of a building or dwelling of any nature on any tract, lot, site, or parcel of land containing five acres or less in area;

(2)

The erection, establishment, development or construction of two or more buildings or residence of any nature, on any tract, lot, site, or parcel of land containing ten acres or less in area;

(3)

The dividing of land into two or more tracts, lots, sites, or parcels, any part of which when subdivided shall contain five acres or less in area;

(4)

The redividing of land, previously divided or platted into tracts, lots, sites, or parcels any part of which when redivided, shall be five acres or less in area;

(5)

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

(6)

The dedicating of any street or alley, or additions to any street or alley, through any tract of land, regardless of the area involved.

(Prior Code, § 20-1.1; Code 1983, § 12-402)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alley means a way from which an inferior means of access to abutting property is obtained.

Cul-de-sac means provisions for a turnaround at the closed end of a local street.

Development means the planning, erection, construction, or establishment of buildings or residences of any nature.

Double frontage lot means a lot which runs through a block from street to street and has frontage on two or more streets.

Final plat means a map or chart showing land subdivisions giving in a form suitable for filing in the office of the county clerk, releases, affidavits, dedications and acceptance, and containing a complete engineering description (including reference to field markers) sufficient to locate on the ground all streets, areas, blocks, lots, parcels and other divisions of the subdivision.

Planning commission means the city planning commission of the city.

Preliminary plat means a map or chart of a proposed land subdivision, showing the character and general details of the proposed development.

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

Street means a public way from which the principal means of access to abutting property is obtained.

Subdividing means the dividing or redividing of land into tracts, lots, sites, or parcels or the providing of or vacating of public or private easements, whether shown on a map or chart or described by metes and bounds.

(Prior Code, § 20-1.1; Code 1983, § 12-403)

(a)

It is the desire of the city council to support the development of neighborhood associations within the city. Residents of the city are encouraged to organize neighborhood associations to identify, prioritize and address the needs and concerns of the city in an organized and unified fashion. This creates a manageable framework for community action and allows the city to provide services more efficiently.

(b)

Neighborhood associations organized within the city are encouraged to submit a letter announcing their presence to the city clerk. The letter may state the following:

(1)

The name of the association.

(2)

The boundaries or name of the subdivision the association represents.

(3)

The names, titles, addresses, and contact information of the officers of the association.

(4)

Designated meeting times.

(5)

The ward the association operates within (ward 1, 2, 3, or 4).

(c)

Neighborhood associations operating within the city are encouraged to submit a copy of the following with their announcement letter:

(1)

Statement as to the nonprofit status of the association.

(2)

A copy of the association bylaws as adopted by the association.

(3)

A copy of the mission or vision statement as adopted by the association.

(d)

Neighborhood associations are encouraged to notify the city clerk in writing of changes to any of the information submitted pursuant to this section.

(e)

Noncompliance with the above guidelines shall not prevent citizens from operating or organizing a neighborhood association within the corporate boundaries of the city.

(f)

No fees shall be required to register a neighborhood association organized within the corporate boundaries of the city.

(g)

Upon receipt of neighborhood association registration materials, the city clerk shall maintain a log of such organizations within the city.

(h)

The city clerk shall notify the mayor and the members of the city council of neighborhood associations organized within the respective ward.

(Code 1983, § 2-1102; Ord. No. 483-03-06, 7-20-2006)

(a)

For all cases of subdividing or developing land within the scope of these regulations, a plat of the land in question shall be drawn and submitted to the planning commission and city council for their approval or its disapproval as provided by law.

(b)

No plat or description of land subdividing land or area in the city shall be filed in the office of the county clerk until same shall have been given preliminary and final approval by the planning commission and approved by the city council as required by law. All final plats shall be filed within one year of date of approval by the city council and no lots, tracts, sites, or parcels shall be sold until the plat shall have been recorded as herein provided. Failure to record such approved plat within one year shall void all approvals thereto.

(c)

Each plat submitted for preliminary or final approval shall be placed on the city's planning commission agenda only after fulfilling the appropriate requirements of these regulations. However, a plat not meeting all the requirements may be submitted; provided the subdivider presents with the plat a letter requesting the specific exemptions and enumerating in detail the reasons therefor.

(d)

To defray partially the costs of notification, field and special studies there shall be paid to the city at the time of submission of preliminary platting, a fee in such amount as is set by the council by motion or resolution.

(e)

After any final plat has been approved by the city planning commission or the city council and the subdivider desires to make any change thereto, he shall pay to the city a fee equal to 50 percent of the fee required upon the filing of the preliminary plat; provided, however, that special consideration may be made by the council for minor or slight changes only.

(f)

Reserved.

(g)

Plats containing three lots or fewer may be exempted from all or part of the provisions of this section upon written approval of the city council and zoning commission.

(Prior Code, § 20-1.2; Code 1983, § 12-404; Ord. No. 2020-07-16 , § 1, 7-16-2020)

(a)

The subdivider shall prepare a preliminary plat for presentation to the city planning commission. It shall conform to the minimum requirements of the comprehensive plan for the city, which shall have been previously ascertained by the subdivider. It shall be submitted in duplicate directly to the office of the city manager not less than ten days before the next planning commission meeting. Two signed statements describing the proposed use of the land, the proposed improvements thereon, and the proposed restrictions on future construction and development shall be submitted with the preliminary plat. The preliminary plat shall be prepared and certified by a registered land surveyor of the state.

(b)

The preliminary plat shall be drawn at a scale of not more than 100 feet to the inch and shall show:

(1)

Scale, north point, and date;

(2)

The proposed name of the subdivision;

(3)

The name and address of the owner of record of the subdivided land and the name and address of the registered engineer preparing the plat;

(4)

A key map showing the location of the proposed subdivision with reference to existing or proposed major streets and to government section lines;

(5)

The names with location of intersecting boundary lines of adjoining subdivisions, and the location of the city limits, if falling within or immediately adjoining the tract;

(6)

The land contours with vertical intervals not greater than two feet referenced to the United States Geological Survey or Coast and Geodetic benchmark or monument;

(7)

The locations of buildings, water, water course, and the location of dedicated streets at the point where they adjoin or are immediately adjacent, provided 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, 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 laterals;

c.

Storm sewers, culverts and drainage structure; and

d.

Street improvements;

(10)

Location of all drainage channels and subsurface drainage structures, and the proposed method of disposing of all run-off from the proposed subdivision and the location and size of all drainage easements relating thereto, whether they are located within or without the proposed plat.

(c)

The preliminary plat so submitted shall be routed to the chief of police, the fire chief, and the city engineer for checking and comments.

(d)

The preliminary so submitted together with the recommendations of the police chief, the fire chief, and the city engineer shall be submitted to the planning commission to be placed on their agenda. The planning commission shall approve, approve conditionally, or disapprove the plat within 60 days of its presentation by the applicant; provided, however, that if, in the opinion of this planning commission, additional information is needed, action upon the plat may be deferred until the subdivider or city official supplies to the planning commission the required information. 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 chairman, and shall be attached to one copy of the plat and submitted to the applicant. Unless stipulation for additional time is agreed to by the applicant, and no action is taken by the planning commission, the plat shall be deemed to have been approved. If the plat is conditionally approved, the planning commission may require submission of a revised preliminary plat. If the plat conforms to all the standards or if the applicant and planning commission agree upon any revisions, which shall be filed with the planning commission on a revised copy, the applicant may proceed with the staking of streets and roads and with preparation of the final plat.

(Prior Code, § 20-1.3; Code 1983, § 12-405)

(a)

The final plat must be prepared by a land surveyor, registered in the state and approved by an engineer as to conformity with the accompanying papers as set forth in subsection (d) of this section. The final plat shall be neatly drawn on tracing cloth and three dark line prints thereof shall be submitted to the office of the city manager, not less than ten days before final approval. At the same time, there shall be submitted three sheets of the proposed specifications or restrictions in final form.

(b)

The final plat shall be drawn at a scale of not less than 100 feet to the inch from an accurate survey and on sheets whose dimensions are 21 inches by 36 inches between border lines. On the first sheet of every plat, there shall be a key map showing the location of the subdivision, reference to the government survey section lines, and major streets. If more than two sheets are required for the plat, the key map shall show the number of the sheet for each area; a border of one inch surrounding the sheet shall be left at the top, bottom, and right hand side and a margin of three inches on the left hand side for binding purposes.

(c)

In addition to the map specifications for the preliminary 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 hereafter specified;

(3)

The boundary lines of the land being subdivided fully dimensioned by lengths and bearings and the location of boundary lines of adjoining lands with adjacent subdivision 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 or direction of an alley is not readily discernable from data available for lot and block lines, then the length or bearings shall be given;

(6)

The width and names where appropriate of all proposed streets and alleys and of all adjacent streets, alleys and easements, shall be properly located;

(7)

The lines of all proposed lots fully dimensioned by length and bearings or angles except that where a lot line meets a street line, at right angles, the angle or bearing value may be omitted;

(8)

The outline of any property which is offered for dedication for public use fully dimensioned by 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" or "not platted;"

(10)

The location of all building lines, set-back lines and easements for public service or utilities with dimensions showing their locations;

(11)

The radii, arcs, points of tangency, points of intersection, and central angles of all curvilinear streets and radii of all property returns;

(12)

The proper acknowledgment of owners and the consent by the mortgagee to plat restrictions;

(13)

The following shall be made and shown on the cloth tracing:

a.

Owner's certificate and dedication duly signed and acknowledged;

b.

Land surveyors certificate of survey duly executed with the seal affixed, and approved by the engineer with his seal affixed;

c.

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

d.

Treasurer's certificate;

e.

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

f.

Certificate of planning commission approval; and

g.

Certificate of city council acceptance of ways, easements and public land dedications;

(14)

A title which shall include:

a.

The names of the subdivision;

b.

The City of Spencer, County of Oklahoma, State of Oklahoma; and

c.

Location and description of the subdivision reference by section, range and township.

(d)

There shall be filled with the final plat, plans and specifications for the construction of all required water mains and laterals, sanitary sewer mains and laterals and storms sewers or drainage structures, as required by the planning commission and the city council; the plans and specifications to be prepared by any registered engineer registered to do business in the state, and approved by the city engineer. There shall be deposited therewith an inspection fee as hereinafter set forth. The planning commission may give its final approval to the final plat prior to the receipt of the plans and specifications, upon the developer or subdivider's entering into a written undertaking with the city in the following form:

In consideration by the city of the city planning commission approving the final plat of ___________ an addition to the city, the undersigned subdivider hereby agrees with the city as follows:

(1)

To construct dedicated drainage structures as required by the city engineer;

(2)

To construct, erect, and install such water mains and laterals and sewer mains and laterals and such paved streets as is required by the city planning commission and city council in a manner approved by the city engineer of the city;

(3)

To supply the city a one-year maintenance bond on all paving in the amount of 100 percent of the contract price, and in the amount of 15 percent of the contract price for one year thereafter, and to supply to the city a one-year maintenance bond on all sewer and water mains in the amount of 100 percent of the contract price for one year, and in the amount of 15 percent of the contract price for four years thereafter, all to be on forms as approved by the city. The city shall be provided two sets of "as built" plans of the improvement;

(4)

To furnish the city with one certified copy of the final plat;

(5)

To pay to the city an inspection fee according to the scale provided in subsection (e) of this section; and

(6)

To comply with such additional reasonable requirements for data or information relative to such subdivision as may be required by the city planning commission or the city engineer.

___________
Developer

The final acceptance of the final plat and dedication shall be withheld until the plans and specifications have been submitted and approved by the city council.

(e)

The subdivider shall pay an inspection fee of two percent based upon the engineer's estimate of the cost of construction of all improvements to the subdivision to be dedicated for public use including streets, water, sanitary sewer and storm sewers. The payment to be made to the city prior to any work order being issued thereon, and shall cover the cost of the city for inspection of the improvements. Any and all costs of testing as set forth in the standard specifications shall be paid for by the subdivider or the contractor before the work receives final approval by the city.

(f)

The planning commission shall act upon the final plat within 45 days after it has been submitted for final approval. This approval shall be shown on the plat with the date of such approval and over the signature of the commission chairman. Unless stipulation for additional time is agreed to by the applicant and if no action is taken by the planning commission, the plat shall be deemed to have been approved. A certificate by the planning commission 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 or approval above named. If the final plat is disapproved, grounds for this refusal shall be stated in writing, a copy of which shall be transmitted with a copy of prints and tracings to the applicant.

(g)

Before recording of the final plat, it shall be submitted to the city council for its approval and acceptance of public use and dedication. 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 council shall be deemed a refusal of the proposed dedication shown thereon; provided, however, that the mayor may withhold the signature as an indication of approval until plans and specifications for all improvements as herein set forth have been submitted and approved by the council.

(h)

After a final approval of the plat and the affixing of all the signatures on the original tracing, the subdivider shall provide the planning commission with three dark line prints thereof. One of these shall be retained in the permanent files of the planning commission, one shall be filed with the office of the city engineer, and one shall be filed with the office of the city manager. 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.

(i)

One set of specifications or subdivision restrictions with one reproducible cloth tracing of the plans for any improvements and marked "as built" shall be deposited by the subdivider in the office of the city manager.

(Prior Code, § 20-1.4; Code 1983, § 12-406)

(a)

All plats shall be prepared in conformance with the purpose and spirit of these standards.

(b)

Whenever the area is divided into lots containing one or more acres and there is an indication that such lots will eventually be resubdivided into smaller building plots, consideration must be given to street and lot arrangements of the original subdivision so that additional minor streets can be opened to permit a logical arrangement of smaller lots.

(c)

All natural drainage courses into which other drainage courses empty shall be left undisturbed and shall be provided with adequate dedicated rights-of-way. Street alignment should follow contour lines or be generally parallel to such drainage ways.

(d)

The arrangement of streets in new subdivisions shall make provision for the continuation of the principal existing streets in adjoining areas, (or their proper projection where adjoining land is not subdivided), insofar as may be deemed necessary by the planning commission for public requirements. The width of such streets in new subdivisions shall not be less than the minimum street width established herein. The street and alley arrangement must also be such as to cause no hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it. Streets that are obviously in alignment with others already existing and named, shall bear the names of the existing streets, east and west streets shall be designated by number and north and south streets shall be designated by name.

(e)

Streets, alleys, and easements within the subdivision shall be arranged for the most advantageous development of the tract and in harmony with existing or potential development of adjoining tracts.

(1)

Installation of rights-of-way as stated herein.

a.

Primary thoroughfares, 100 feet;

b.

Secondary thoroughfares, 80 feet;

c.

Collector streets, 60 feet;

d.

Local streets, 50 feet if permanent curb and gutter and street surface are to be immediately installed and 60 feet in every other case.

(2)

Street lengths, and deflections.

a.

A cul-de-sac court or similar type street may be permitted where size, location or topography of the tract do not permit a normal street pattern. A cul-de-sac should be not more than 500 feet in length as measured from entrance to center of turnaround and if more than 100 feet in length shall be provided with a turn-around having a minimum radius of 50 feet at the property line and 40 feet at the curbline; and

b.

Where any street deflects an angle of ten degrees or more, a horizontal curve having a minimum radius of 300 feet for major streets and 150 feet for minor streets shall be provided.

(3)

Alleys. Alleys when provided at the rear of business lots shall be at least 30 feet in width and when provided in residential blocks shall be at least 20 feet in width. At the intersection of two alleys, the corners of the abutting property shall be provided with a property line return of a radius of ten feet. All business property shall be designed to provide off-street loading entrances;

(4)

Easements. Where alleys are not provided, easements not less than 7½ feet wide shall be provided along each rear lot line, and alongside lot lines where necessary for use by public and private utilities. Easements of greater width may be required along or across lots where necessary for the extension of storm and sanitary sewer mains and other utilities and where both water and sewer lines are located at the same easement. Where necessary, aerial easements may be required for use by service utilities;

(5)

Street grades. All grades shall conform to the requirements of the city engineer with the following minimum standards observed:

a.

Street grades for major streets shall not exceed five percent;

b.

Street grades for all other classes of streets shall not exceed eight percent;

c.

No street surface shall have a finish grade of less than 0.35 of 1 percent; or

d.

When deemed necessary, the planning commission may permit a violation from these grades in order to adjust to the topographical conditions;

(6)

Street drainage and flood control. All subdivisions shall provide for adequate drainage of surface waters as follows:

a.

All land developments shall be related to the surrounding drainage pattern with proper provisions made for proper drainage facilities;

b.

Minimum runoff shall be determined by the rational method with approved rainfall intensity frequency data; and

c.

If stormwater is to be diverted from its natural course the following requirements shall be made:

1.

A sketch showing the existing water way and the location of the proposed drainage change; and

2.

Profile of the existing water course.

(f)

Block requirements are as follows:

(1)

Blocks shall be of such size and shape as to best utilize the tract subdivided and in conformity with the surrounding area and for the development and in correlation with private development in the area. Normally, a block will not be longer than 800 feet. However, blocks not to exceed 1,320 feet may be permitted whenever it is determined by the planning commission that the movement of traffic is provided; and

(2)

Business lots shall be of such depth and size to allow for off-street parking as required by the zoning ordinance. Proper access shall be provided for all lots abutting on platted streets. Where grade separation structures or similar traffic regulators are or may be needed, the block shall be so arranged to provide adequately for such streets or improvements.

(g)

Lot requirements are as follows:

(1)

All side lines of lots shall be at right angles to straight street lines or radial to curve street lines. Double frontage lots should be void where possible;

(2)

For corner lots, a property return with a radius of 20 feet may be required; provided, however, if in the opinion of the planning commission there is an existing or potential future need, a major radius not to exceed 40 feet may be required. On lots reserved to business use a chord may be substituted for the circular arc;

(3)

The minimum lot width, area, and off-street parking requirements of the zoning ordinance shall be offset in the lot and block design. In no case shall the lot area per family be less than 6,000 square feet for detached single family dwellings;

(4)

The minimum lot width at the street line shall be not less than 35 feet and at the building line not less than 50 feet; and

(5)

A minimum of 60 feet width shall be provided on all corner lots irrespective of whether they rear upon lots facing the side streets.

(h)

Building lines shall be shown on all plats intended for residential use of any character as follows:

(1)

In residential districts a front yard set-back line shall be provided on every lot. The depth of the front yard set-back line shall be at least 25 feet;

(2)

On any corner lot to be used for residential purposes, the setback lines on the intersecting street shall be located not less than 15 feet from the right-of-way line, in case such lot is back-to-back with another lot, and 25 feet in every other case; and

(3)

Restrictions shall be made, requiring that all buildings to be used for residential purposes be set back from side lot lines at least five feet on all interior side lot lines.

(4)

Restrictions requiring buildings to be set back to such building lines shall be shown either on the plat, or shall be contained in a separate recorded instrument and referred to in the plat.

(i)

Whenever a subdivision is developed as a neighborhood unit, wherein adequate park or playground area is provided, through traffic is adequately cared for, and the majority of the minor streets are of the cul-de-sac variety, the planning commission may vary the requirements of this section in order to allow the subdivider more freedom in the arrangement of streets and lots, but at the same time protect the convenience, health, safety, and welfare of the probable future residents of the subdivision, as well as the character of the surrounding property and the general welfare of the entire community. In no case, however, shall the lot area per family be less than 6,000 square feet for detached single family dwellings.

(Prior Code, § 20-1.5; Code 1983, § 12-407)

(a)

Plans for the improvements herein required shall be prepared by the city engineering department or by a qualified engineer registered and licensed in the state. Two sets of prints on the 'as built' plans and specifications for all improvements shall be filed with the city manager. One set of 'as built' plans and specifications certified and signed by a registered, licensed engineer shall be filed with the city clerk prior to the acceptance of the city of any improvements installed by the subdivider. These improvements shall be installed as listed below. In lieu of their completion, the city council shall require the subdivider to file a surety bond with the city clerk to secure to the city the actual construction of such improvements in a satisfactory manner, within a period not exceeding two years. Such bond shall be in an amount of 100 percent of the estimated cost of the improvement, as determined by the council and with surety and conditions satisfactory to the council; provided, however, that where all streets and utilities are installed according to the plans and specifications prior to the issuing of any building permit for construction within the subdivision, no surety bond will be required; provided, however, that before the acceptance of the improvements by the city, the developer shall file with the city a bond of corporate surety, licensed to do business in the state, to be approved by the council guaranteeing the maintenance of all pavement and paved streets for a period of five years and all sewer and water lines and mains for a period of two years. Public utilities shall be designed in accordance with all elements of the comprehensive plan in order that they may be easily expanded or extended wherever necessary to serve an area beyond the limits of the proposed installations.

(b)

Each block corner shall be marked with iron pipes or pins not less than one-half inch in diameter and 24 inches long set at least one inch below finished grade; and each subdivision corner shall be marked with a permanent concrete marker capped with a noncorrosive metal plate, set not less than one inch below the finished grade.

(c)

Street improvement requirements are as follows:

(1)

Streets and alleys shall be laid out, graded and otherwise improved as designated on the approved final plat and as deemed necessary by the city council. Such street layout and all improvement shall be done under the supervision of the city engineer and shall be subject to his inspection and approval;

(2)

Roadway surfacing shall be in accordance with the standard specifications of the city as approved by the city council. The paving design of the intersection of any new street with a state or federal highway shall be approved by and be in conformance with the specifications of the state highway department. Widths shall comply with standards established by the council; and

(3)

No building permits shall be issued for the construction of any building within the subdivision until the street layout and improvement and culvert installation have been completed or a surety bond filed.

(d)

Sidewalks may be required along officially designated major streets. Sidewalks may be required along any minor streets where deemed essential for public convenience or safety by the planning commission. All required sidewalks shall be paved and shall be constructed in accordance with standards established by the city council.

(e)

The subdivider shall provide water service throughout the tract as platted and made available to each lot within the area. Fire hydrants shall be provided by the subdivider in accordance with the requirements of the office of the city engineer and the city fire department.

(f)

Where a public sanitary sewer is reasonably accessible the subdivider shall connect with such sanitary sewer and shall provide adequate sewer lines accessible to each lot. Subdivision sewer systems shall comply with the regulations of the city council and shall be constructed under the supervision of the city engineer.

(g)

In event the construction of sanitary sewers is not feasible in the opinion of the city engineer, the developer may install individual sewage disposal devices for each lot, but all such individual disposal systems shall be constructed in accordance with the regulations and requirements of the state and city health department and the city engineer, and under the supervision of the departments and on any lot where a septic tank is to be installed, the lot shall be of a size to comply with the following provisions:

(1)

The lot shall contain adequate area for the installation of a minimum of 400 feet of septic tank lateral lines;

(2)

No part of any septic tank or laterals shall be located closer than 20 feet to the rear of the rear building line of the principal structure to be placed on the lot; and

(3)

Where a water well is to be placed on the same lot with a septic tank the lot area required for the water well shall be in accordance with the requirements of the state health department and the county health department, and shall be in addition to the area above required for septic tanks.

One set of blue prints of blue line prints of the 'as built' plans of all streets and utilities shall be filed with the city engineer.

(h)

Adequate provisions shall be made for the disposal of stormwater subject to the approval of the city council.

(i)

The subdivider should plant trees in new residential subdivisions that are not located in wooded areas. Before the trees are planted, the subdivider shall submit a plan of such planting to the planning commission for its study and recommendation in order to prevent the planting of certain species that would become nuisances either because of insects or disease or because they might unduly interfere with sewer mains or other utilities. It is recommended that the planting of trees in parking lots be a minimum distance of four feet from the curb and 30 feet on center with each other.

(j)

Whenever any stream or important surface drainage course is located in an area that is being subdivided, the subdivider shall dedicate an adequate easement along each side of the stream for the purpose of widening, deepening, sloping, improving or protecting the stream or for drainage, parkway or recreational use.

(Prior Code, § 20-1.11; Code 1983, § 12-408)

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 so, at the same time, the public welfare and interest of the city are protected and the general intent and spirit of these regulations are preserved. Such modification may be granted upon written request of the subdivider, or his engineer, and stating the reasons for each modification and may be waived by three-fourths vote of the regular membership of the planning commission.

(Prior Code, § 20-1.12; Code 1983, § 12-409)

The city council 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 council after public hearing, due notice of which shall be given as required by law.

(Prior Code, § 20-1.13; Code 1983, § 12-410)

The final plat of the proposed subdivision shall be submitted to the planning commission and city council 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 recorder within one year after approval by the city council and planning commission, whichever is later, or if not filed within such time, the approval shall be considered as having been voided.

(Prior Code, § 20-1.14; Code 1983, § 12-411)

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 itself does not comply with all the provisions of this article. Any person, firm or corporation who violates or refuses to comply with any of the provisions of this article shall be guilty of an offense.

(Prior Code, § 20-1.16; Code 1983, § 12-412)

It is unlawful and an offense for any person, firm or corporation to construct, erect or establish any paved streets or sidewalks in the city which do not conform to the specifications adopted by the city and as hereinafter set forth. The provisions of this article shall be applicable throughout the city, not restricted by the terms of section 44-444.

(Prior Code, § 37-2.2; Code 1983, § 12-420)

Before grading, drainage, guttering, curbing, paving, installing of sidewalks or otherwise improving any city street, avenue, alley, or other public place within the city is started by any person, firm or corporation, not under contract with the city for the construction of such improvement, complete accurate and detailed plans, profiles, specifications, and estimates of cost of the work contemplated, showing the size, grade, length, width, thickness, location and the materials out of which the same is to be constructed, is prepared, submitted to and approved by the city council.

(Prior Code, § 37-2.3; Code 1983, § 12-421)

The plans, profiles, specifications and estimates of cost of the improvements contemplated will be submitted in triplicate copies to the city engineer for his inspection. After careful consideration and study, the city engineer shall recommend to the council his approval or disapproval, or his recommendations for any change in the improvements so offered for consideration and approval, which is endorsed upon such plans.

(Prior Code, § 37-2.4; Code 1983, § 12-422)

The council shall consider and study such plans so submitted, together with the recommendations of the city engineer, and may approve or disapprove the same as appears to be in the best interest of the city and its inhabitants. If such plans, profiles, specifications and estimates of cost are approved, the same is signed by the mayor and attested by the city clerk, and one copy is filed with the city clerk, one copy to be retained by the city engineer, and one copy to be returned to the person, firm or corporation submitting the same. If disapproved in whole or in part, the three copies are returned to the person, firm or corporation submitting the same for correction, revision, addition, re-design or such other change as may be required by the council. The plans, profiles, specifications and estimates of cost of the improvement contemplated, so revised, changed or corrected may be re-submitted for re-examination and approval by the council. The final approval thereof, and the furnishing of the bond as hereinafter provided, shall constitute the authority to construct such improvements.

(Prior Code, § 37-2.5; Code 1983, § 12-423)

Every person, firm or corporation shall at the time such plans are approved, furnish a construction bond, executed by himself and surety company, authorized to do business in the state, in a sum equal to 100 percent of the construction cost of such improvements, in favor of and to be approved by the city, conditioned as follows:

(1)

That the improvements will be made according to the approved plans, and without unnecessary delay;

(2)

To pay for all labor and materials going into the improvements; and

(3)

Engaging to hold the city harmless against all claims for injury to persons and damage to property arising from or growing out of the construction work.

(Prior Code, § 37-2.6; Code 1983, § 12-424)

It is the duty of the city engineer or any competent person authorized by him, to inspect, check, test or measure any or all work or improvements so approved by the council at any time during the work of construction. If he should discover the same is not in compliance with the approved plans, then such engineer shall order the work discontinued until full compliance with the plans is made.

(Prior Code, § 37-2.7; Code 1983, § 12-425)

Upon the completion of the improvements, and the total construction cost thereof having been paid in full, and the final inspection having been made and the work approved, the city shall accept such improvements and make the same a part of the public improvements of the city.

(Prior Code, § 37-2.8; Code 1983, § 12-426)

An inspection fee is paid by every person, firm or corporation, making such improvement in such sums computed as follows: a flat fee of 2½ percent for all construction improvement. A sum equal to the inspection fee hereby assessed is deposited with the city clerk at the time the plans are submitted for inspection and approval.

(Prior Code, § 37-2.9; Code 1983, § 12-427)

Every person doing any such construction work shall give warning thereof to the traveling public, and where the same is in an unsafe condition for travel, such warning shall disclose such condition, and shall place lighted flares about the same at night.

(Prior Code, § 37-2.10; Code 1983, § 12-428)

It is unlawful and an offense for any person, firm or corporation to engage in, commence or to make any improvements above specified:

(1)

Without submitting and securing the approval of the plans, profiles, specifications and estimates of cost;

(2)

Without furnishing the bond required herein;

(3)

After the same has been ordered stopped by the city engineer;

(4)

In an unauthorized manner; or

(5)

To fail or neglect to give the warning, or to place such flare lights at night, all as herein required.

(Prior Code, § 37-2.11; Code 1983, § 12-429)

It is unlawful for any person to cut, alter, mutilate or change in any way or manner for any purpose any paved or traveled portion of any street or alley, or any curb, gutter, catch basin or any other appurtenance of any street or alley or any sidewalk in the city without securing a permit from the city clerk, on approval of the city engineer, to make such cut, alteration or change. However, this requirement shall not apply to any person acting under the direct supervision of the city engineer or city manager, nor shall it apply to any person repairing or replacing a sidewalk under a sidewalk permit; provided such person only changes the sidewalk. Before the permit is issued, the applicant shall pay a fee as set by the city for each cut to be made.

(Prior Code, § 37-2.12; Code 1983, § 12-430)

It is the duty of any person desiring to make any cut, alteration or change in any paved or traveled portion of any street or alley, or appurtenance thereto, or in any curb or sidewalk to secure from the city engineer a statement specifying the estimated cost of restoring the street, alley, curb, gutter or sidewalk or other appurtenance thereto, and the person shall deposit such estimated sum with the city clerk who shall issue a duplicate receipt to such person for same. The duplicate receipt or copy thereof is delivered to the city engineer by such person who shall then issue authority to the city clerk to issue a permit for such cutting, altering or change. The holder of the permit at the conclusion of the restoring of such street, alley, gutter, curb, sidewalk or appurtenance shall notify the city engineer who shall make an inspection of the same. If the work is satisfactory, the city engineer shall give a statement to the person to that effect. The city clerk, upon presentation of such statement, shall refund the deposit. If the work is not the same in a satisfactory manner within ten days from the receipt of such notice and if such work is not satisfactorily completed, then the city engineer or city manager shall have it done and pay for the same out of the deposit, and the balance, if any, is refunded by the city clerk. It is the duty of the city clerk to keep the deposits in a separate fund.

(Prior Code, § 37-2.13; Code 1983, § 12-431)

Before any driveway, apron, or approach is installed over that portion of the street including the city's right-of-way easement, a permit must be obtained from the city clerk with the approval of the city engineer. The application for the driveway, apron or approach is accompanied by the details, plans, profiles, specifications, and estimate of cost thereof. The construction of the driveways, aprons, or approaches shall conform to the specifications approved by the city council for paving of streets. Such permit is issued only to a licensed contractor.

(Prior Code, § 37-2.14; Code 1983, § 12-432)

Before the permit as provided for in section 44-491 is issued, the applicant shall pay an inspection fee as required for paving streets, but in no event shall the inspection fee be as provided in the city fee schedule.

(Prior Code, § 37-2.15; Code 1983, § 12-433)

Any person, firm or corporation desiring to establish off-street parking for automobiles or other vehicles which is wholly or partially upon a street right-of-way in the city, shall, before any grading, drainage, or work of any kind is done thereon and before any vehicles are so parked, make application for a permit therefor to the engineering and inspection department of the city. The provisions of this division shall be applicable throughout the city, not restricted by the terms of section 44-444.

(Prior Code, § 37.5.1; Code 1983, § 12-440)

The application submitted to the engineering and inspection department is in writing and shall contain complete, accurate and detailed plans, profiles and specifications and estimate of cost for the work contemplated showing the size, grade, length, width, thickness, location and materials out of which same is to be constructed. The application is to be submitted in triplicate.

(Prior Code, § 37-5.2; Code 1983, § 12-441)

The plans, profiles, specifications and estimate of cost of the improvement contemplated by this division are to be considered and studied by the city engineer, who shall recommend to the council of the city his approval or disapproval and his recommendation for any changes in the improvement so offered for consideration and approval, which recommendation is endorsed upon the plans.

(Prior Code, § 37-5.3; Code 1983, § 12-442)

The council shall consider and study such plans so submitted, together with the recommendation of the city engineer, and may approve or disapprove the same as it appears to be in the best interest of the city and its inhabitants. If such plans, profiles, specifications and estimates of cost are approved, the same is signed by the mayor and attested by the city clerk and one copy is filed with the city clerk, two copies to be retained by the city engineer and one copy to be returned to the person, firm or corporation submitting the same. If disapproved, in whole or in part, three copies of the four copies should be returned to the person, firm or corporation submitting the same for correction, revision, addition, re-design or such other changes as may be required by the council. The plans, profiles, specifications and estimate of cost of the improvements contemplated so revised, changed or corrected may be re-submitted for examination and approval of the council, and the final approval thereof and the furnishing of bond as required herein provided shall constitute the authority for the construction of such improvement.

(Prior Code, § 37.5.4; Code 1983, § 12-443)

Every person shall, at the time such plans are approved, furnish a construction bond executed by himself and a surety company authorized to do business in the state and acceptable to the city, in a sum equal to 100 percent of the construction cost of such improvements in favor of and to be approved by the city, conditioned as follows:

(1)

That the improvement is made according to the approved plans and without unnecessary delay;

(2)

To pay for all labor and materials going into or used in connection with such improvement;

(3)

To hold such city harmless against all claims for injuries to persons and damage to property arising out of or growing out of construction work;

(4)

The improvement is maintained in good condition for a period of five years from the date of the completion and acceptance of same; and

(5)

It is the duty of the city engineer or his inspectors to inspect, check, test or measure any and all work or improvement so approved by the council at any or all times during the construction of the project and if he shall discover that the same is not in compliance with the approved plans, then such engineer shall order the work discontinued until full compliance with the plans is made.

(Prior Code, § 37-5.5; Code 1983, § 12-444)

Upon completion of the improvements and the total construction thereof having been fully paid and the final inspection having been made, and the work approved, the improvement or so much thereof that is on the street right-of-way is to be and remain the property of the city but the owner of the premises making application therefor, and all successors in ownership thereof, are fully responsible for the maintenance of same.

(Prior Code, § 37-5.6; Code 1983, § 12-445)

An inspection fee of two percent of the construction cost of such improvement is paid by every person, firm or corporation making such improvement and before such plans are approved, and a sum equal to the inspection fee hereby assessed is deposited with the city clerk before delivery of the approved plans to the applicant.

(Prior Code, § 37-5.7; Code 1983, § 12-446)

Every person, firm or corporation doing any such work shall give warning thereof to the traveling public and where the same is in an unsafe condition for travel, such warning shall disclose such condition and shall place lighted flares about the same at night.

(Prior Code, § 37-5.8; Code 1983, § 12-447)

No plan for off-street parking on street right-of-way is to be approved that will interfere with the traveling public or pedestrians using the right-of-way, nor shall any off-street parking be established at or near an intersection or so close thereto as to obstruct the view of the traveling public approaching the intersection.

(Prior Code, § 37-5.10; Code 1983, § 12-448)

It is unlawful and an offense for any person, firm or corporation to engage in or make any improvements above specified without submitting and securing the approval of the plans, profiles, and specifications and estimate of cost or to do any work without furnishing the bonds required or to commence or carry on such work after same has been ordered stopped by the city engineer as provided herein, or to commence or carry on any such work in an unauthorized manner, or to fail or neglect to give a warning or place such flares at night as required herein or to commence any work prior to paying the inspection fee as provided herein.

(Prior Code, § 37-5.10; Code 1983, § 12-449)

Any person violating any of the provisions of this division shall be guilty of an offense.

(Prior Code, § 37-5.11; Code 1983, § 12-450)