(a)

Standards. All improvements required within this article, hereinafter referred to as "required improvements," shall be designed and installed in accordance with city standards. When the city has not adopted a standard for a particular improvement, state or national accepted industry standards (such as ODOT or ASTM standards), or manufacturer's recommendations shall apply. When a developer wishes to propose an alternative to the city standard, a design with supporting documentation must be submitted to the development services director or designee, for review.

(b)

Improvement design, materials, and installation. The developer is responsible for the design, materials, and installation of all improvements required for a development. If the city desires to have improvements beyond those necessary to serve a development and not otherwise required in this article, the city shall be responsible for the design, materials, and installation of the improvements which exceed the developer's requirements.

(c)

Development agreement. Prior to construction of public improvements to be delivered to the city, the developer may enter into a development agreement with the city. The development agreement sets forth the terms and conditions within this article for design, construction, inspection and acceptance of the improvements by the city.

(Ord. No. 3023, § 1(23.335), 3-3-2008)

The developer shall furnish, at its own expense, all engineering services in connection with the design and construction of the required improvements. Said engineering services shall be performed by a professional engineer licensed in the state and shall conform to the standards and criteria for the design and construction of the required improvements as established by this Code and all other applicable requirements or regulations.

(Ord. No. 3023, § 1(23.340), 3-3-2008)

Plans for the required improvements shall be prepared by a professional engineer licensed in the state. Two sets of prints of the final plans, a signed completed checklist, supporting documentation, and specifications for all improvements shall be submitted to the development services department no later than the submission of the final plat, or final planned development (nonsubdividing), provided the submitted plans conform to the preliminary plat or preliminary planned development as approved by the planning commission. Determination of conformance will be based on consistency of the street layout, size and number of lots, and proposed utility and drainage facility locations.

(Ord. No. 3023, § 1(23.341), 3-3-2008)

(a)

Acquisition prior to commencing construction. Prior to commencing the construction of any of the required improvements, the developer shall acquire, if necessary, at its own expense, good and sufficient rights-of-way and easements on all lands and facilities to be traversed by the required improvements.

(b)

Conveyance. All such public and/or city rights-of-way and easements shall be conveyed under general warranty deed or by plat dedication containing a general warranty of the dedication.

(c)

Right-of-way permit required. No work proposed within an existing right-of-way or easement shall commence prior to the issuance of a right-of-way permit by the city.

(Ord. No. 3023, § 1(23.342), 3-3-2008)

The construction of the required improvements may be phased, provided that each phase addresses those improvements discussed in this article that are necessary to fully comply with the requirements of said this Code and all other applicable requirements or regulations. Proposed phasing plans shall be submitted to the development services director for review and approval.

(Ord. No. 3023, § 1(23.343), 3-3-2008)

(a)

Developer to conform to construction requirements. The developer shall furnish and install, at its own expense, the labor and material necessary to complete the required improvements. Said construction shall conform with the plans as accepted by the development services department, this Code and all other applicable requirements or regulations (collectively "construction requirements").

(b)

Plan amendments. All changes to previously approved plans shall be submitted to the city for review and approval prior to proceeding with the change. Projects or phrases of projects that have been noticed for noncompliance shall not be considered substantially complete until such time that the developer has demonstrated that the changes are in strict compliance with the construction requirements or the noncompliant work has been removed and re-constructed in accordance with the approved plans.

(c)

Time for completion. The required improvements shall be completed within two years from the date the plans are accepted by the city or such later date for completion as may be established and acknowledged in writing by the development services director. Work conducted in the public right-of-way shall be completed without delay.

(d)

Erosion control. Developer shall, at its own expense, provide all erosion and sediment control measures that are necessary to comply with the stormwater management and earth change requirements of this Code and the state department of environmental quality.

(e)

Traffic control. At all times during construction and prior to acceptance of the required improvements, the developer shall be responsible for the erection and maintenance of temporary traffic control devices in accordance with the standards contained within the latest version of the Manual on Uniform Traffic Control Devices.

(f)

Street closures. No temporary lane or street closures on existing streets shall be allowed without the prior approval of the city engineer. Requests for temporary lane or street closures on existing streets shall be made in writing to the development services director no later than four business days prior to the planned closure. The development services director shall coordinate temporary closure requests with the city engineer to ensure prompt review and response to all such requests. All requests shall include a traffic control plan. Traffic control plans shall be prepared in accordance with the standards contained within the latest version of the Manual on Uniform Traffic Control Devices. The city engineer may require special construction sequencing or any other condition of approval to provide for the minimal impact and inconvenience to the traveling public. Access to existing private drives that are impacted by the project shall be maintained at all times by the developer until permanent improvements are in place and have met city standards. The developer shall, at its own expense, be responsible for keeping on-site streets, off-site streets used as construction routes and rights-of-way clear of mud, rock and debris at all times during said construction. Should developer fail to meet said requirements, city may take corrective action and charge the developer for the actual cost of cleanup.

(Ord. No. 3023, § 1(23.344), 3-3-2008)

(a)

The developer shall employ, at its own expense, a qualified testing company to perform the materials testing necessary to demonstrate compliance with any approved plans and construction requirements and shall furnish copies of test results to the city on a periodic basis throughout the construction period.

(b)

The city shall have the right to inspect materials and workmanship at any time during the construction process. The city shall conduct such inspections in a reasonably expeditious manner with as little interruption to the construction as is reasonably practicable under the circumstances. All materials used and work completed shall strictly conform to the plans and the construction requirements. Any material or work not conforming to the plans and the construction requirements shall be repaired or removed and replaced at the developer's expense. Inspections shall follow established administrative practices and procedures. Passage of an inspection during construction shall not constitute acceptance of any materials or workmanship by the city. Nor shall inspections relieve the developer, in any way, of its obligation to comply with any approved plans and construction requirements. Such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of the codes or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of the building codes or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the contractor to cause the work to remain accessible and exposed for inspection purposes. Upon completion of the inspection, the developer shall be notified, in writing, of the results of the inspection.

(c)

The city shall issue a notice of noncompliance (notice) whenever an inspection determines that construction does not comply with any approved plans and construction requirements. Notice will be issued to the developer's contractor at the construction site if the contractor is available and a copy of the notice will be sent to the developer. The contractor shall notify the city inspector when the item has been corrected and is ready for inspection.

(Ord. No. 3023, § 1(23.345), 3-3-2008)

(a)

Once the developer has substantially completed the required improvements as defined in this article, the developer may request a substantial completion inspection. Such request shall be in writing and directed to the development services director. Upon receipt of the request, the city will perform a substantial completion inspection of the required improvements, and if necessary, issue a punch list of items that are required to be corrected. If it is determined that deficiencies exist and the project is not substantially complete, the city will notify the developer in writing, and the substantial completion inspection shall be delayed until such time as such deficiencies are addressed by the developer. Upon confirmation by the city that the project is substantially complete, a notice of substantial completion will be issued to the developer by the development services director. Issuance of a notice of substantial completion shall not be deemed or construed as an acceptance or final approval of any of the required improvements.

(b)

The city will not conduct a substantial completion inspection until the required improvements are accessible and cleaned sufficiently to allow for detailed inspection. If the required improvements are not accessible or cleaned sufficiently to allow for a detailed inspection, the developer will be notified in writing that the inspection has been delayed until such time that the required improvements are sufficiently accessible and cleaned.

(Ord. No. 3023, § 1(23.346), 3-3-2008)

(a)

Upon completion of the required improvements, the developer shall request a final inspection in writing from the development services director. Upon receipt of the request, the city will perform a final inspection of the required improvements, and if necessary, issue a punch list of items, within five calendar days from the final inspection. If the project is not complete and/or not ready for a final inspection, or if the required improvements are not sufficiently accessible and cleaned, the city will notify the developer in writing. The city will not inspect the required improvements until they are accessible and cleaned sufficiently to allow for detailed inspection. Upon confirmation by the city that the required improvements have been constructed and the record drawings prepared in accordance with any construction requirements, a notice of completion will be issued to the developer and will state the date in which the public improvements will be scheduled for acceptance by the city council. Prior to the date that the public improvements are scheduled for acceptance by the city council, a public improvement warranty as required in this article shall be delivered to the development services director.

(b)

The portion of the required improvements intended for public ownership shall be conveyed to the city at no cost or expense to the city and free of any liens, charges, or encumbrances.

(c)

As each portion of the required improvements intended for public ownership are accepted by the city council, the accepted improvements will become public facilities and the property of the city, and such acceptance shall commence the warranty period and performance obligations contained in section 23-349.

(Ord. No. 3023, § 1(23.347), 3-3-2008)

Two sets of record drawings for the improvements herein required, signed and sealed by a professional engineer licensed in the state, shall be submitted to the development services director with or prior to the developer's request for a final inspection. The city will review the record drawings for general compliance with the accepted construction plans and the improvements as constructed in the field. The city will notify the developer in writing that the record drawings are acceptable, or why they are not. The record drawings shall be revised, if necessary, and accepted prior to the scheduling of the acceptance by the city council of any improvements constructed by the developer.

(Ord. No. 3023, § 1(23.348), 3-3-2008)

(a)

Prior to the acceptance by the city council of any improvement, a maintenance bond for the full amount of the contract to construct such improvement will be filed with the city clerk. The bond shall be for one year from the acceptance of the improvement (warranty period), shall name the City of Stillwater as obligee and shall identify the location of the improvement and the improvement being bonded. The developer shall ensure the correction of any defect in materials or workmanship that are necessary to restore and maintain said improvements to the same standards applicable at the time of the city's acceptance of said improvements.

(b)

Inspection. The city may perform a warranty inspection prior to the end of the warranty period, and if necessary, issue a warranty punch list of items that are required to be corrected.

(c)

Deficiencies. All deficiencies identified in the warranty punch list shall be corrected by the developer no later than seven calendar days prior to the expiration of the warranty. If all deficiencies are not corrected at least seven days prior to the expiration of the warranty, the warranty period shall be extended until all deficiencies have been corrected.

(d)

Reinspection. The developer shall inform the city upon completion of the warranty punch list items. The city will reinspect the improvements identified in the punch list.

(e)

Warranty release. Upon determination that the improvements identified in the warranty punch list are in compliance with this article and city standards, the city shall issue a release of warranty obligation to the developer.

(f)

Defective improvements. Nothing herein shall be construed or deemed as requiring the city to release the developer from its obligations on any improvements that are defective.

(Ord. No. 3023, § 1(23.349), 3-3-2008; Ord. No. 3221, § 20, 2-21-2013)

(a)

Except as provided in subsection (b) of this section, all streets that are shown on the approved plat shall be constructed in accordance with city standards, subject to the following:

(1)

Driveways. All driveways which connect with public streets shall be constructed in accordance with this chapter and city standards.

(2)

Transportation fee. Prior to the issuance of a building permit for new residential, commercial or industrial construction, the permit applicant shall pay a transportation fee to be used by the city for the exclusive purpose of planning, designing and constructing capacity enhancements to the city's transportation system. New one- and two-family residential construction shall be assessed a fee of $0.075 per square foot of lot area, said amount not to exceed $750.00 per dwelling unit. All other new construction shall be assessed a fee of $0.075 per square foot of platted land area or development area as shown on the final site plan for the proposed construction or $750.00, whichever is greater. The fee shall also apply to additions to existing commercial or industrial buildings in which the building footprint of the building being expanded increases by 25 percent or more. The fee for building additions shall be based on the additional building footprint area and the land area of the site improvements required by code to support the building addition. This fee shall remain in place until such time that the city can comprehensively assess the increased transportation demands created by the growth of the community, identify the capacity enhancements to the city's transportations system required to meet those demands and establish a revenue source to fund the required enhancements.

(3)

Intersection. The design of an improvement of an intersection of any new or existing street with an existing state or federal highway shall be in accordance with the standards of the state department of transportation, but in no case shall the design be less than required by the city standards.

(b)

Private streets may be used to provide access to a development in lieu of dedicated public streets provided that the streets meet the minimum width and minimum structural standards of the city and are inspected by the city. Private streets shall be maintained by the owners of record. A private street access and maintenance agreement between the owners, their heirs, executors, administrators, successors, and assigns, shall be filed contemporaneously with the filing of the final plat at the county courthouse; said agreement shall include, but shall not be limited to, the following requirements:

(1)

The agreement shall be recorded in the office of the county clerk for the purpose of reflecting the provisions of said agreement within the abstracts of title of the lots within the subdivision.

(2)

When in the interest of providing public access to adjacent properties that may not otherwise have access to public streets, the city council may require the dedication of public right-of-way and may further require that public streets be provided within said right-of-way.

(3)

Upon annexation of any subdivision containing private streets, the private streets shall remain private unless accepted by the city council and made available to the general public.

(c)

Streets shall have paved lanes for traffic movement as follows: Whenever on-street parking is permitted on one side of the street, the minimum street width shall be 27 feet from the back of curb to the back of curb, and such parking shall be located on the opposite side of the street from the sidewalk. Whenever on-street parking is to be permitted on two sides of the street, the minimum street width shall be 35 feet from the back of curb to the back of curb.

(Ord. No. 3023, § 1(23.355), 3-3-2008)

(a)

Required on both sides of the street. Sidewalks shall be required on both sides of all arterial and collector four-lane and arterial two-lane streets except as provided herein. Sidewalks shall only be required on one side of all other streets as set forth herein. All sidewalks shall be constructed in accordance with applicable standard specifications of the city.

(b)

Not required. A sidewalk shall not be required:

(1)

On collector or local streets in those areas zoned and used for industrial purposes;

(2)

In any subdivision wherein the minimum lot size is 20,000 square feet; or

(3)

Whenever a cul-de-sac is shorter than 500 feet in length.

Any request for relief from the requirements set forth in this section shall be through an application for a variance to the board of adjustment. The criteria for granting a variance herein shall be the same as set forth in 11 O.S. § 44-107. Denial of a request for relief under this section by the board of adjustment shall be immediately appealable to the district court of the county in accordance with section 23-69.

(c)

Fee in lieu of construction if determined by director. A developer or builder may pay a fee to the city in lieu of construction of a sidewalk required under this section whenever the development services director determines that existing conditions make construction impractical. The fee shall be based on the amount of linear feet of sidewalk required and sufficient to pay for the construction of the sidewalk. The city council shall have the authority to establish a schedule of any such fees by resolution and the fee schedule shall be reviewed at least annually. A fee collected under this section shall be placed in a separate escrow account and shall not be used to construct a sidewalk anywhere but on the property for which the fee was paid.

(d)

Sidewalk requirements. The following are the requirements for sidewalks:

Whenever a sidewalk is required on one side of the street, the sidewalk shall be located on the north or east sides of the street; provided, that at such time the improvement plans are approved, the development services director may authorize an alternative sidewalk location to prevent any placement conflict. The sidewalk system within residential subdivisions shall be continuous, and the sidewalk termination ramp on one side of a street shall be located directly opposite of the beginning ramp on the other side of the street in a perpendicular direction to the street.

(e)

Two-lane arterial street impact fee; reimbursement. A developer responsible for constructing a single eight-foot sidewalk along a two lane arterial street as set forth above shall be entitled to reimbursement for 50 percent of the cost of said construction from the developer of property across such street. The city shall be responsible for assessing and disbursing such cost reimbursement which shall be collected from the benefited developer in the form of a sidewalk impact fee. Said fee shall be determined by taking the total linear foot distance of the benefited property abutting the two lane arterial street, multiplying said amount by the per foot cost of constructing the sidewalk, and reducing the result by 50 percent. If no sidewalk has been built on the opposite side of the street but such is indicated by the comprehensive arterial sidewalk map, an estimate of the per foot construction cost shall be used instead. The city shall disburse any sidewalk impact fee payment tendered herein to the developer responsible for the sidewalk construction upon determination that said improvements meet the applicable city standards and acceptance by the city. If no sidewalk has been constructed as provided herein, then the city shall place any sidewalk impact fee received into an escrow account and shall disburse said amount to the developer responsible for construction of the sidewalk upon determination that said improvements meet the applicable city standards and acceptance by the city. The provisions of this section shall not apply to any sidewalk constructed before the effective date of the ordinance from which this chapter is derived.

(f)

Sidewalk construction is the responsibility of the homebuilder or site developer. With the exception of those sidewalks that do not directly abut the front or side lot line of any building lot within the subdivision, sidewalks shall be the responsibility of:

1.

The homebuilder in residential subdivisions,

2.

The building developer on a commercially or industrially platted lot,

3.

And the site developer for a development through the CUBR process.

All sidewalks that do not directly abut the front or side lot line of any residential, industrial, or commercial building lot shall be considered to be a part of the required improvements that are the responsibility of the owner/developer.

Prior to the issuance of a certificate of occupancy, a sidewalk that is the homebuilder's or site/building developer's responsibility shall be constructed in accordance with city standards.

(g)

Approval of application for lot split or minor subdivision not conditioned upon construction of sidewalk. The approval of an application for a minor subdivision or lot spit under this chapter shall not be conditioned upon the construction of a sidewalk in accordance with this section, it being the intention of the city council that such requirement not be imposed until such time as development actually occurs on any parcels created under either of these processes. Whenever such development does occur, the requirements for construction of sidewalks on such parcels shall be the same as set forth in subsection (d) of this section.

(Ord. No. 3023, § 1(23.356), 3-3-2008; Ord. No. 3051, § 47, 12-15-2008; Ord. No. 3201, § 10, 9-17-2012; Ord. No. 3320, § 1, 8-24-2015)

(a)

The city shall be responsible for the design, materials, and installation of water lines shown on the master water plan, subject to available funding. The city shall install these lines as needed for service to a given site when development commences on the property. At the city's option, a line size less than shown on the master water plan may be installed by the city in order to ensure that water quality standards and the conditions of subsection (b) of this section are met. Any future upsizing by the city to meet the master water plan will be at city expense. The developer shall be responsible for the design, materials and installation of all other water distribution system to serve its proposed development and entire tract of property with the following exception: For those properties that are located within the Urban Core Neighborhood Subarea and the Downtown Subarea as shown in the latest version of the Comprehensive Community Development Plan as approved by the city council, the city may reimburse the developer for 75 percent of the materials and installation costs for the off-site water lines and appurtenances that are required to meet the city's fire flow requirements. The developer may submit a written request to the development services director for reimbursement. The reimbursement request shall include a plan showing the water line improvements and a detailed cost estimate to support the requested reimbursement amount. The reimbursement request will be presented to the city council, and if approved, the developer shall enter into a water line reimbursement agreement with the city prior to commencing construction of the off-site water lines. Reimbursement shall be based on actual costs certified by the developer and shall not occur until after the off-site water lines have been completed and accepted by the city council. Reimbursement for off-site water lines shall be subject to available funding. The design shall meet the requirements of this Code and the state department of environmental quality (ODEQ) and provide water service to all points on the property. The design fire flow shall not be less than the minimum fire flow requirements as established by this Code. The water system design calculations shall be submitted to the city with the submission of the water improvement plans. The proposed plans will not be approved by the city and released for review by ODEQ until the city has determined that the proposed plans and system calculations meet the city standards.

(b)

The developer is responsible for the design and installation of water distribution system of sufficient size to serve its proposed development. If the city requires a larger line in order to provide water to other properties, the city shall pay to the developer the difference between the current price for the materials needed to serve the development and the larger size being required by the city. The developer is responsible for the installation of the service line from the water main to the water meter location with the installation of the water main

(c)

The developer, except for developments served by a water distribution system owned or operated by or as a rural water district or corporation, shall be responsible for the installation of fire hydrants required to meet fire code requirements.

(d)

The developer is responsible for the extension of the water distribution system along the full extent the property's road frontage as well as to the furthest interior boundaries of the development.

(e)

Whenever it is necessary for a developer to expend funds for the design, materials, and installation of a water distribution system that may serve areas other than its own, the developer may enter into a water line lease purchase agreement with the city as provided for in chapter 41.

(f)

To facilitate the looping of the water distribution system, each development shall be required to extend water mains within and along the development so as to be able to connect to existing or future water lines on adjacent tracts. In those cases where meeting this requirement would require a water main to be extended more than 150 feet from the last point of service within the development, the city will pay 50 percent of the cost of the extra length to the edge of the development. The city may also pay for any upsizing larger than a six-inch line as provided for in subsection (b) of this section. The city will utilize funds from the water main extension fee established in chapter 41 to install these connections.

(g)

The maximum length of a dead-end water main shall be no more than 500 feet. The length measurement for a dead-end water main shall be from the last point of redundant feed.

(h)

The minimum size water line shall be six inches.

(i)

An impact analysis must be submitted with the improvement plans.

(Ord. No. 3023, § 1(23.357), 3-3-2008; Ord. No. 3051, § 48, 12-15-2008; Ord. No. 3221, § 21, 2-21-2013; Ord. No. 3415, § 3, 9-10-2018)

(a)

All subdivisions of land shall be designed to provide sanitary sewer service to each lot in compliance with current Oklahoma Department of Environmental Quality (ODEQ) regulations. A developer shall connect sanitary sewer service within the subdivision development to any city-owned sanitary sewer main located within 300-feet of the subdivision boundary whenever said sewer can gravity flow to the main, unless an alternative disposal system is authorized by the city manager.

(b)

Individual development projects shall provide for sanitary sewage disposal as follows:

a.

Connection to the city-owned sanitary sewer system; or

b.

On-site package treatment under permit issued by the ODEQ; or

c.

Septic system treatment on single parcels of five acres or more under ODEQ permit;

A copy of the ODEQ permit shall be provided to the development services department prior to issuance of a certificate of occupancy for any residential structure.

(c)

Lagoon-type or open containment system are prohibited within the corporate boundaries of the city.

(d)

The design shall meet the requirements of this Code and the state department of environmental quality (ODEQ) and provide sewer service to all points on the property. The sanitary sewer collection system design calculations shall be submitted to the city with the submission of the sanitary sewer improvement plans. The proposed plans will not be approved by the city and released for review by ODEQ until the city has determined that the proposed plans and system calculations meet the city standards.

(e)

Whenever it is necessary for a developer to expend funds for the construction of a sewer main that will serve areas other than his own, the developer may enter into a sewer main lease purchase agreement with the city as provided for in chapter 41.

(f)

The minimum size for a gravity sewer line shall be eight inches.

(g)

No connection shall be made to the city sewer collection system to serve property located outside the corporate limits of the city, unless the owner of such property to be connected first petitions for annexation into the city in accordance with the provisions set forth in 11 O.S. § 21-105. If said property cannot be annexed under said statute, the property owner shall instead execute a written consent to annexation sufficient to meet the requirements of 11 O.S. § 21-103, and such consent shall be filed in the land records of the county clerk to provide notice to all successors in interest that such consent to annex has been given. This provision shall not apply to connections made to such properties prior to the effective date of the ordinance from which this chapter is derived.

(h)

An impact analysis must be submitted with the improvement plans.

(Ord. No. 3023, § 1(23.358), 3-3-2008; Ord. No. 3113, § 1, 10-4-2010; Ord. No. 3221, § 22, 2-21-2013; Ord. No. 3245, § 1, 12-16-2013)

The developer is responsible for the design and installation of stormwater management system and storm drainage facilities of sufficient size to serve the proposed development.

(Ord. No. 3023, § 1(23.359), 3-3-2008)

All new alleys shall be designed and paved to city standards. Existing alleys shall be designed and paved in accordance with the city standards when any development which increases the size of the existing principal structure or adds any structure or parking/loading area to the property is proposed which uses the alley for any access. The full width of the alley shall be paved for the length of the development and to the nearest intersecting street or existing paved section of alley. Any existing alleys within the RSS and RSL districts serving single-family uses are exempt from these paving requirements.

(Ord. No. 3023, § 1(23.360), 3-3-2008; Ord. No. 3221, § 23, 2-21-2013)

All references in this chapter to the term "city standards" means design criteria or a construction standard and/or requirement codified in chapters 35, 37 and/or 41, or as otherwise adopted by ordinance or resolution of the city council or its predecessor the city council prior to the effective date of ordinance No. 3023, or as subsequently amended. This transitional provision shall remain effective until passage of an ordinance or resolution by the city council adopting city standards.

(Ord. No. 3068, § 1, 5-11-2009)

When a customer, landowner or developer requests water service within a one-half-mile perimeter of the city, the subdivision regulations and the building regulations of the city shall apply unless the request is for not more than one domestic tap on any existing parcel that is five acres or greater in size.

(Ord. No. 3023, § 1(art. 13, div. 4), 3-3-2008)