There is created within and for the city, a planning commission to fulfill the duties as set forth in this chapter. It shall consist of seven (7) members, one member from each ward and three (3) members from the city at large. The nomination for ward vacancies shall be made by the respective ward council members, and the nominations for at large vacancies shall be made by the mayor, with no more than two (2) members from each ward. All nominations shall be confirmed by the city council. Members of the planning commission shall be residents of the city and shall serve for a term of three (3) years without compensation. In the first instance, three (3) members shall be appointed for one year, three (3) members for two (2) years, and one member for three (3) years. Four (4) members shall constitute a quorum for the transaction of business; provided, however, that no action shall be taken as binding upon the planning commission unless it is concurred in by not less than a majority of all voting members present. All recommendations of the planning commission, with the exception of those relating to the issuance of building permits, shall be approved by the city council. If any member is absent without cause from two (2) consecutive regular meetings of the planning commission actually held, he shall thereupon cease to be a member of the planning commission. A vacancy shall be declared, and the subsequent appointment shall be for the remaining unexpired term of the former member. (Ord. 1016 §1, 2006: Ord. 968 §1, 2002: Ord. 878 §5, 1999: Ord. 846 §1, 1998: Ord. 832 §1, 1997)

The planning commission shall elect a chairman and vice chairman from its membership in November of each year and create and fill such other of its offices as it may determine. The planning commission may also adopt rules for the transaction of business and shall maintain a public record of its activities to be filed with the city clerk. (Ord. 968 §1, 2002: Ord. 832 §1, 1997)

The mayor, city engineer, city planner, fire chief, police chief, public works director, code officials and inspectors, and city clerk shall be ex officio members of the planning commission, but they shall have no power to vote. (Ord. 968 §1, 2002: Ord. 832 §1, 1997)

The other department heads shall serve as advisors to the planning commission and shall make such recommendations as they deem necessary or, on request of the planning commission, upon matters within their expertise. (Ord. 832 §1, 1997)

The planning commission shall serve without pay, and it shall be its duty, from time to time, to prepare plans for the systematic development and betterment of the city as a place of residence and business. With the prior approval of the city council, the planning commission can employ engineers, attorneys, clerks, and other persons deemed necessary to carry out its duties for a temporary period of time. The money for these persons shall come from appropriations made by the mayor and city council to the planning commission. (Ord. 832 §1, 1997)

A.   The planning commission shall consider and investigate any subject related to the development and betterment of the city as specified in this title.

B.   The planning commission shall review this title every ten (10) years and recommend changes, if any, to the city council for adoption.

C.   At the request of city staff who are charged with application, interpretation and enforcement of this title, the planning commission may render assistance and counsel to city staff regarding the application, interpretation and/or enforcement of this title. Any assistance or counsel rendered pursuant to this subsection shall be advisory only and shall not require ratification by the city council. (Ord. 1121, 2012)

All plats or replats of land laid out in lots or plats, and the streets, alleys, or other portions of the same intended to be dedicated to the public or for private use within the city limits, shall first be submitted to the planning commission for review and recommendation. Before such plats or replats are entitled to be recorded in the office of the county clerk, they must first be approved by the city council, by ordinance. (Ord. 968 §1, 2002: Ord. 832 §1, 1997)

The planning commission shall review and recommend and the city council shall approve all subdivisions of land in accordance with Oklahoma Statutes. The following procedures are established for the review of subdivisions:

A.   Minor Subdivision:

   1.   Approval Procedure: A minor subdivision, also known as a lot split, shall be referred to the planning commission for initial review and recommendation and may subsequently be approved by the city council upon submission of a plat of survey and the deeds for the lots created. Approval shall be indicated by placing an official stamp on the deed prior to its filing of record.

   2.   Approval Effect: No lot shall be sold or building permit issued for any lot created as a result of a minor subdivision until the subdivision has been approved in accordance with the requirements of this section and all other applicable requirements of the city.

   3.   Preexisting Lots: Any lot which has been created through a lot split and which has been in existence prior to the effective date hereof shall be exempt from these requirements. Upon request and submission of proof of the original date of such minor subdivision, the city shall place its stamp on the deed for the filing of record.

B.   Major Subdivision:

   1.   Purpose:

      a.   The subdivision of land is the first step in the process of urban development. The arrangement of land parcels in the community for residential and commercial uses and for streets, alleys, schools, parks and other public purposes, will determine, to a large degree, the conditions of health, safety, economy and amenity that prevail in the urban area. The quality of these conditions is of public interest. Those regulations and standards for the subdivision and improvement of land for urban use are to make provision for adequate light, air, open spaces, drainage, transportation, public utilities and other needs, to ensure the development and maintenance of a healthy, attractive and efficient community that provides for the conservation and protection of its human and natural resources.

      b.   This section is designed, intended and should be administered in a manner to fulfill the following:

         (1)   Provide neighborhood conservation and prevent the development of slums and blight;

         (2)   Harmoniously relate the development of the various tracts of and to the existing community and facilitate the future development of adjoining tracts;

         (3)   Provide that the cost of improvements which primarily benefit the tract of land being developed be borne by the owners or developers of the tract;

         (4)   Provide the best possible design for the tract;

         (5)   Reconcile any differences of interest; and

         (6)   Establish adequate and accurate records of land subdivision.

   2.   Jurisdiction: This section shall apply to all subdivisions of land within the corporate limits of the city of Warr Acres. No building permit or certificate of occupancy shall be issued for any parcel or plat of land, which is not in conformity with the provisions of this section.

   3.   Definitions: For the purpose of this section, certain terms used herein shall have meaning as set forth in section 19.08.010 of this title.

   4.   Violation; Penalty:

      a.   No building permit shall be issued for any new structure or change, improvement or alteration of any existing structure on any tract of land, which does not comply, with all of the provisions of this section.

      b.   The city hereby defines its policy to be that the city will withhold all public improvements of whatever nature, including the maintenance of streets and the furnishing of sewerage facilities and water service from all subdivisions and/or lot splits, which have not been approved according to the provisions contained in this section and from all areas dedicated to the public which have not been accepted by the city in the manner prescribed therein.

      c.   Any violation of this section shall be deemed to be punishable by a fine. Any person who violates or refuses to comply with any of the provisions of this section shall be guilty of an offense punishable by a fine of up to five hundred dollars ($500.00), plus court costs.

C.   Plat Preparation And Approval Procedures:

   1.   In General: For all cases of subdividing within the scope of these regulations as provided by this section, a plat of the property in question shall be prepared and submitted to the planning commission and city council for their approval or disapproval, as provided below:

      a.   No plat or other land subdivision instrument shall be filed with the office of the county clerk until it shall have been approved by the planning commission and the city council as hereinafter set forth. All final plats shall be filed within two (2) years of the day of approval by the city council, and no lots shall be sold from any plat until recorded. Failure to record the plat within two (2) years of the date of approval by the city council shall void all approvals thereto, unless extended by the planning commission and city council upon application prior to the expiration date.

      b.   Each plat submitted for preliminary or final approval shall be placed on the agenda of the planning commission only after fulfilling the appropriate requirements of these regulations.

      c.   To defray partially the costs of administrative procedures, there shall be paid to the city clerk, at the time of submission of the preliminary plat, a fee in an amount set by the city council.

   2.   Preapplication Plans And Data: Not less than fourteen (14) days prior to the filing of an application for approval of a preliminary plat, the subdivider or developer shall submit to the building inspector the following information:

      a.   A general description of the existing conditions of the site and the suitability of the site for the proposed development. This information may include data on existing covenants and agreements, the availability of utilities and community facilities, the proposed use of each portion of the subdivision, proposed lot sizes and building sizes, proposed business areas, playground, park sites and other pertinent data as may be needed to supplement the sketches required in subsections C2b and C2c of this section.

      b.   A general location map shall be submitted and shall show the proposed subdivision and its relationship to existing utilities, schools, parks, traffic arteries and other features that will affect and influence the subdivision such as churches, and shopping and employment centers.

      c.   A sketch plan drawn to approximate scale shall be submitted and shall show topography, using a contour interval of not greater than five feet (5'), the proposed street layout, lots and other planning features. The street and lot plan may be in the form of a freehand pencil sketch.

   3.   Preliminary Plat:

      a.   Upon completion of the preapplication review with the building inspector, the subdivider or developer shall prepare a preliminary plat for submission to the planning commission. Four (4) full size and twenty (20) reduced size prints of the preliminary plat shall be submitted to the building inspector not less than fourteen (14) days prior to the meeting at which it is to be considered.

      b.   The preliminary plat shall be accompanied by a statement, signed by a professional engineer registered in the state of Oklahoma who is responsible for preparing the plat, stating that he is familiar with the contents of the preliminary plat and that the preliminary plat has been prepared in accordance with the ordinances and regulations governing the subdivision of land.

      c.   The preliminary plat shall be drawn at a scale of one hundred feet to one inch (100' = 1") and shall contain or be accompanied by the following information:

         (1)   The scale, north point and date.

         (2)   The proposed name of the subdivision.

         (3)   The name and address of the owner of record, the subdivider or developer and the name of the registered engineer preparing the plat.

         (4)   A key map showing the location of the proposed subdivision referenced to existing or proposed major streets and to government section lines, and including the boundaries and number of acres of the drainage area of which the proposed subdivision is a part.

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

         (6)   The land contours with vertical intervals not greater than two feet (2') referenced to a United States geological survey or coast and geodetic survey bench mark or monument.

         (7)   The location of existing buildings, water, watercourses, and the location of dedicated streets at the point where they adjoin and/or are immediately adjacent to the subdivision; provided, however, that actual measured distances shall not be required.

         (8)   The length of boundaries of the tract, measured to the nearest foot, and the proposed location and width of streets, alleys, and easements and setback lines and the approximate lot dimensions.

         (9)   The location, size and type of sanitary and storm sewers, water mains, culverts, power and natural gas lines and other surface and subsurface structures and pipelines existing within or immediately adjacent to the proposed subdivision and the location, layout, type and proposed size of the following structures and utilities:

            (A)   Water mains.

            (B)   Sanitary sewer mains, submains and laterals.

            (C)   Storm sewers, culverts and drainage structures.

            (D)   Street improvements.

         (10)   The location of all drainage channels and subsurface drainage structures, and the proposed method of disposing of all runoff from the proposed subdivision, and the location and size of all drainage easements relating thereto, whether they are located within or outside of the proposed plat.

         (11)   The classification of every street within or adjacent to the subdivision in accordance with the intended use of the street based on the proposed design. This shall be done by placing the appropriate term, primary arterial, minor arterial, collector street, or local street in parentheses, directly on each street.

         (12)   The following items associated with oil or gas drilling or producing operations and existing within or immediately adjacent to the proposed subdivision:

            (A)   Scale drawing of the drilling site, showing dimensions.

            (B)   Location of all existing physical facilities, to include existing wells, structures, tank batteries, and oil, gas or water lines utilized.

            (C)   Location and dimension of all existing vehicular entrances, exits and drives.

            (D)   Location and size of all existing mud pits.

      d.   The planning commission shall approve, approve with conditions, or disapprove the plat within sixty (60) days of the date of its submission by the applicant. If the preliminary plat is disapproved or approved with conditions, 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 transmitted to the subdivider or developer. The reasons for disapproval or approval with conditions shall refer specifically to regulations or ordinances with which the plat does not conform. On approving a plat with conditions, the planning commission may require submission of a revised preliminary plat. If the plat conforms to all of the standards or after the applicant and the planning commission agree upon any revision, the plat shall be submitted to the planning commission on a revised copy for approval of the preliminary or revised preliminary plat.

   4.   City Council Review And Recommendation Of Preliminary Plat: The preliminary plat approved by the planning commission shall be submitted to the city council for review and comment at the next scheduled meeting of the city council. Any suggestions or recommendations of the city council shall be referred to the planning commission for consideration at its next meeting at which time such information may be considered by the planning commission for the final approval of the preliminary plat. Upon final approval of the preliminary plat as may be amended, the subdivider may proceed with the laying out of streets and roads, the preparation of utility plans and with the preparation of a final plat.

   5.   The Final Plat:

      a.   A final plat, neatly drawn in ink on Mylar and four (4) full size and twenty (20) reduced size dark line prints shall be submitted to the building inspector not less than fourteen (14) days before the planning commission meeting at which it is to be considered for final approval. At the same time, there shall be submitted to the city engineer three (3) sets of the proposed plans and specifications for all improvements and the proposed restrictions in final form.

      b.   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 plat was approved. If not submitted for final approval within such time, the preliminary plat shall be considered as having been disapproved unless the planning commission agrees to an extension of time. The final plat shall be filed in the office of the county clerk within two (2) years after approval by the city council and, if not filed within such time, said approval shall be considered as having been voided, unless extended by the city council upon application prior to expiration date.

      c.   The final plat shall be drawn at a scale of one hundred feet to the inch (100' = 1") from an accurate on the ground boundary survey and on sheets the dimensions of which are twenty one inches by thirty three and one-half inches (21" x 331/2") between borderlines. On the first sheet of every plat, there shall be a key map showing the location of the subdivision referenced to government survey section lines and major streets. If more than two (2) sheets are required for the plat, the key map shall show the number of the sheet for each area. A border of one-half inch (1/2") surrounding the sheet shall be left blank at the top, bottom, and right hand side, and a margin of two inches (2") at the left hand side for binding purposes.

      d.   The final plat shall show the following:

         (1)   The location and description of all section corners and permanent inequity, 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 subdivisions identified by official names.

         (4)   The lines of all proposed streets fully dimensioned by lengths and bearings or angles.

         (5)   The lines of all proposed alleys. Where the length and/or direction of an alley are not readily discernible from data given for lot and block lines, the length and/or bearings shall be given.

         (6)   The widths, and names where appropriate, of all proposed streets, alleys and easements which shall be properly located.

         (7)   The lines of all proposed lots fully dimensioned by lengths and bearings or angles, except where a lot line meets a street line at right angles, the angle or bearing angle value may be omitted.

         (8)   The outline of any property, which is offered for dedication to the public usefully dimensioned by lengths and bearings, with area, marked "public".

         (9)   The blocks numbered consecutively throughout the entire subdivision and the lots numbered consecutively throughout each block, with areas to be excluded from platting marked "Reserved" or "Not a Part".

         (10)   The location of all building lines, setback lines, and easements for public services or utilities with dimensions showing their location.

         (11)   The location of all easements for drainage with dimensions showing their location.

         (12)   The radii, area, points of tangency, points of intersection, and central angles for curvilinear streets and radii for all property returns.

         (13)   The proper acknowledgments of owners and the consent by the mortgagee to plat restrictions.

         (14)   The following, which shall be made and shown on Mylar:

            (A)   Owner's certificate and dedication, signed.

            (B)   A registered surveyor's signature and his seal.

            (C)   Certificate for release of mortgage for any portion dedicated to the public.

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

            (E)   Certificates of planning commission approval.

            (F)   Certificates of city council acceptance of ways, easements, and public land dedications.

            (G)   A certificate by the county treasurer.

         (15)   A title, which shall include:

            (A)   Name of the subdivision.

            (B)   Name of city, county, and state.

            (C)   Location and description of the subdivision referenced to section, range, and township.

      e.   The planning commission shall act upon the final plat within forty five (45) days after it has been submitted for final approval. The recommendation for approval and date thereof shall be shown on the plat over the signature of the planning commission chairman.

      f.   If the final plat is disapproved, grounds for this refusal shall be stated in writing, a copy of which shall be transmitted with the tracing and prints to the applicant. The reasons for disapproval shall refer specifically to those parts of regulations and/or ordinances with which the plat does not comply.

      g.   Before recording the final plat, it shall be submitted to the city council for approval and for acceptance of the public ways and service and utility easements and land dedicated to public use. This approval of the plat shall be shown over the signature of the mayor and attested to by the city clerk. The disapproval of any plat or plan by the city council shall be deemed a refusal of the proposed dedication shown thereon.

      h.   After final approval of the plat and the affixing of all required signatures on the original tracing, the subdivider shall provide the city with three (3) dark line prints thereof, and one contact reproducible Mylar, said copies to be filed with the city clerk. The applicant shall file the original one dark line print, and one contact reproducible Mylar or film in the office of the county clerk.

   6.   Bonding Of Subdividers Or Developers: All public improvements, which are to be dedicated to and accepted by the city in accordance with the final plat, shall be installed at the sole expense of the subdivider or developer and approved by the city engineer prior to approval of the final plat by the city council. Approval of the final plat by the planning commission shall not be deemed to constitute or imply acceptance of such improvements by the city. No building construction shall be permitted nor municipal utility service furnished on any lot that does not comply with the provisions of these regulations and other applicable ordinances.

      a.   Performance Bond; Irrevocable Letter Of Credit: In lieu of completion of the improvements herein required, the city council shall require the subdivider or developer to file a performance bond or irrevocable letter of credit, approved by the city council and filed with the city clerk to ensure the actual construction of improvements according to the plans and specifications approved by the planning commission and city council within a period of time not to exceed two (2) years from the date of approval of the final plat. Such bond shall be on such terms and conditions acceptable to the city and shall be in the amount of one hundred twenty five percent (125%) of the city engineer's estimate of costs necessary to construct the improvements. The performance bond or irrevocable letter of credit shall be for a period not to exceed three (3) years. Performance bonds shall only be acceptable when issued by a triple A surety licensed to do business within the state of Oklahoma. Irrevocable letters of credit shall be acceptable only when issued by a financial institution insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. Such bonds and letters of credit shall be issued on behalf of and for the benefit of the city of Warr Acres to assure prompt and proper performance of the subdivider or developer under the terms of the final plat and all ordinances of the city of Warr Acres.

      b.   Inspection: Upon completion of the improvements required, the subdivider shall notify the city engineer of such completion, requesting that the city engineer so inspect the completed improvements, determining whether the improvements have been constructed and installed in compliance with those pertinent provisions of this code. The city engineer shall prepare a report regarding his inspection and file the same with the city council for their final approval and acceptance of the improvements. When so approved, the performance bond posted to ensure the actual construction of the improvements shall be returned to the subdivider.

      c.   Terms Of Acceptance: The city council shall not accept the improvements until the subdivider's or developer's engineer shall submit to the city engineer a certified "as built" set of plans on Mylar reproducible and a digital copy of such plans in a format compatible with the city's software indicating location, dimensions, materials and other information required by the city engineer. The subdivider's or developer's engineer shall also certify to the city that all improvements are in accordance with plans approved by the city and are free and clear of all liens and encumbrances. The plans shall be filed with the city inspector.

      d.   Maintenance Bond: In addition to the performance bond and before the acceptance of any public improvement for maintenance by the city council, the subdivider or developer shall provide a maintenance bond for the full amount of the contract and for a period of two (2) years which shall be approved by the city council and filed with the city clerk to ensure the correction of any defect in materials or workmanship that may be found in the improvements. The maintenance bond shall be issued on behalf of and for the benefit of the city of Warr Acres by such entities as herein authorized to issue performance bonds.

D.   Design And Improvements:

   1.   Urban Design Principles: The quality of design of the urban area is dependent on the quality of design of the individual subdivisions that compose it. Good community design requires the coordination of the efforts of each subdivider and developer of land within the urban area; therefore, the design of each subdivision shall be prepared in accordance with the following general principles:

      a.   It is intended that the urban area shall be designed as a group of integrated residential neighborhoods and appropriate commercial and public facilities. The neighborhood, as a planned unit, is intended as an area principally for residential use. Space for recreational, educational and shopping facilities to serve the residents of the neighborhood should be provided and designed as an integral part of each neighborhood.

      b.   The size of the blocks and other areas for residential, commercial and public uses should be designed to provide adequate light, air, open space, landscaping of lots and blocks, and the street system should be designed to make the most advantageous use of topography and natural physical features. Tree masses and large individual trees should be preserved. The system of sidewalks and roadways and the lot layout should be designed to take advantage of the visual qualities of the area.

      c.   Circulation within the urban area shall be provided in accordance with the following design criteria:

         (1)   Each subdivision shall provide for the continuation of all primary and minor arterial streets and highways as shown on the major street plan as and when adopted. Arterial streets should be located on the perimeter of the residential neighborhood.

         (2)   Collector streets should be designed to provide access to each parcel of land within the residential neighborhood and within commercial areas, and in a manner that will discourage use by through traffic. They should be planned so that future urban expansion will not require the conversion of local streets to arterial routes.

         (3)   Collector streets should be designed to provide a direct route from other local streets to the major street system.

         (4)   Ingress and egress to residential properties should be provided only on local streets.

      d.   Minimum standards for development are contained in the zoning ordinance, the building code and in these regulations.

      e.   The planned unit development standards and process found in the zoning ordinance are an appropriate design base for future subdivisions under condominium, common sharing, or one ownership.

   2.   Improvements In General: All improvements shall be designed and installed in accordance with all of the minimum standards established by ordinances and regulations relating thereto.

   3.   Plan Preparation: Plans for the improvement herein required shall be prepared by a professional engineer registered in the state of Oklahoma. Three (3) sets of prints of the proposed plans and specifications for all improvements shall be filed with the city inspector at the time of submission of the final plat.

   4.   Blocks:

      a.   The lengths, width and shapes of blocks shall be determined with due regard for the following:

         (1)   Provision of adequate building sites suitable to the special needs of the type of use contemplated.

         (2)   Zoning requirements as to lot sizes and dimensions.

         (3)   Needs for convenient access, circulation, control and safety of street traffic.

         (4)   Limitations and opportunities of topography.

      b.   Blocks for residential use shall not be longer than one thousand eight hundred feet (1,800'), measured along the centerline of the block. When a block exceeds six hundred feet (600') in length, the city council may require a dedicated six foot (6') crosswalk easement and not less than a four foot (4') crosswalk to provide an access through the block.

      c.   Blocks used for residential purposes should be of sufficient width to allow for two (2) tiers of lots of appropriate depth. Blocks intended for business use should be of a width suitable for the intended use, with due allowance for off street parking and loading facilities.

      d.   Blocks are not required for planned unit developments to be developed pursuant to the unit ownership estate act.

   5.   Lots:

      a.   Side lot lines should be approximately at right angles or radial to the street lines except for minor deviations on cul-de- sac or curvilinear streets.

      b.   Lots are not required for subdivisions for commercial use, or planned unit developments that are being developed pursuant to the unit ownership estate act, but, when provided, should be of appropriate size and arrangements to provide for adequate off street parking and loading facilities based on the intended use.

      c.   Access to all buildings in any subdivision must be from an approved street.

      d.   All corner lots or building locations shall have a sight triangle with legs of twenty five feet (25') along each lot line or street right of way line from the point of intersection.

      e.   All lots shall have two (2) separate directions of access, except cul-de-sac streets.

      f.   Drainage shall be away from all buildings and shall be in accordance with the general drainage for the location.

      g.   Double frontage and reverse frontage lots should be avoided except where they are needed to provide for the separation of residential development from the traffic arteries or to overcome specific disadvantages of topography and provided along the portion of the lots abutting such a traffic artery or other use where screening is required.

      h.   Foundations in fill areas shall be designed to adequately support any proposed structure.

      i.   Permanent markers shall be placed on all lot corners, and change in alignment (PC and PT curves). Permanent bench marks shall be set at locations to effectively serve the subdivision. The elevation on such bench marks shall be based on USGS data. Markers shall be either iron pipes or pins, which are not less than one-half inch (1/2") in diameter and twenty four inches (24") long. All such markers shall be placed at least one inch (1") below finished grade.

   6.   Building Lines: Building lines shall be provided in all residential subdivisions as provided in this title.

   7.   Easements:

      a.   Where alleys are not provided, easements not less than fifteen feet (15') wide shall be provided for use by public and private utilities along rear lot lines, and along side lot lines where necessary. All lots shall border on a utility easement. In planned unit developments being developed pursuant to the unit ownership estate act, a utility easement shall be provided at the rear of each structure and along the side of each structure when necessary.

      b.   Easements shall be maintained free of buildings or other permanent structures, except for fences located on or near the side or rear property line. Any fence so constructed shall not constitute abandonment by the easement owner or operate to extinguish the easement. The city council may require area easements and easements of greater width for the extension of main storm and sanitary sewers and other utilities where deemed necessary.

      c.   The subdivider or developer shall file a utility easement which shall release or hold harmless a public utility, or private contractor representing a public utility, from any damages resulting from the removal of any fence or screening located on the utility easement, in order to gain access for the purpose of installation, removal, extension or repair of utility lines and equipment.

      d.   The final grade across any utility easement shall not exceed a slope of fourteen degrees (14°) (25 percent gradient) except where unusual topographic conditions justify, in the opinion of the city council, a modification of this standard. Slopes less than the maximum may be required at specific locations by an individual utility for certain surface structures or equipment.

      e.   Where a subdivision is traversed by a watercourse, drainage channel or stream, which drains one hundred sixty (160) acres, or more of land, there shall be provided a right of way for drainage and public utility purposes, adequate to contain all of the runoff from a 100-year maximum flood. The right of way shall include all of the land within the subdivision that has an elevation below the 100-year maximum flood elevation as calculated by the city engineer.

   8.   Streets: The arrangement, character, extent, width, design, grade, and location of all streets shall be designed in accordance with the following provisions:

      a.   Major streets, primary and minor arterials, shall be planned to conform to the major street plan.

      b.   Minor streets shall be laid out so that their use by through traffic will be discouraged.

      c.   Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider or developer, a tentative plan of proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider or developer.

      d.   When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged as to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility easements and connections for such resubdivision.

      e.   Street jogs and centerline offsets of less than one hundred twenty five feet (125') should be avoided.

      f.   Streets shall intersect at approximately right angles.

      g.   Street rights of way and paving widths shall be in accordance with the following standards:

         (1)   Major Streets: Primary arterial, a one hundred foot (100') right of way with a paving width of at least forty eight feet (48') to face of curb. Boulevard with median, eighty feet (80') of right of way with a paving width of at least twenty four feet (24') to face of curb on each side of the median.

         (2)   Minor Streets: Collector streets, sixty feet (60') of right of way with a paving width of thirty two feet (32') to face of curb. Residential streets, public and private, fifty feet (50') of right of way with a paving width of twenty six feet (26') to face of curb.

         (3)   Cul-De-Sacs; Short Loops: Cul-de-sac streets and short loops may have a paving width of less than twenty six feet (26') provided they are of limited length and have only one access point; however, in no case shall the paving width be less than twenty four feet (24').

      h.   Maximum street grade shall be six percent (6%). Minimum street grade shall be four tenths percent (0.4%).

      i.   Dead end streets shall have a maximum length of five hundred feet (500') ending in a cul-de-sac with a paving radius of forty feet (40'), with a fifty foot (50') right of way radius.

      j.   Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with other requirements of these regulations, and provided that the city council finds it will be practical to obtain the dedication of the other half of the street easement when the adjoining property is subdivided. Whenever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.

      k.   The arrangement of streets shall be such as to cause no hardship in the subdividing of adjacent properties.

      l.   No street names will be used that will duplicate or be confused with the names of existing streets. Streets obviously in alignment with existing streets shall bear the same name, unless otherwise approved by the city council. Street names shall be subject to the approval of the city council.

      m.   Access to major streets shall be limited.

      n.   In addition to the paving requirements contained in title 12 of this code, all streets shall be designed to support the traffic generated or expected for that location. Street design standards shall apply as follows:

         (1)   Paving must be designed for any special loading.

         (2)   The minimum curb radius at intersections shall be thirty feet (30').

         (3)   No drive shall be permitted closer than sixty feet (60') from the centerline of intersecting minor streets. Major intersections may require special review.

         (4)   Modifications of the above standards may be considered only if acceptable engineering justification is provided.

      o.   Except as provided in subsection D8n(4) of this section, the subdivider or developer of any subdivision designed to be used for residential, commercial or other purposes, shall pave all streets that are designed on the approved plat, or that directly serve the subdivision by being adjacent thereto, in accordance with the plans and specifications established by ordinance or resolution in accordance with the following provisions:

         (1)   The design of an improvement of an intersection of any new street with an existing state highway shall be in accordance with the standards of the Oklahoma department of transportation, but in no case shall the design be less than required by the applicable city specifications.

         (2)   All driveways which connect with public streets shall be constructed in accordance with the standard design of the city as set forth in section 19.44.070 of this title.

         (3)   Whenever a subdivision is adjacent to an already existing unpaved street, the subdivider or developer shall be required to pave the entire breadth of said street.

         (4)   In planned unit developments, private driveways may be maintained by the owners of said subdivision upon execution of a private driveway maintenance agreement between the owners, their heirs, executors, administrators, successors and assigns, and the said city agreement shall include, but shall not be limited to, the following requirements:

   (A) The owner shall agree to maintain private driveways of the subdivision.

   (B) 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.

   (C) When in the interest of providing public access to internal property or properties, the city council may require the dedication to the public of rights of way and/or private driveway areas and may further require that said rights of way or private driveway areas meet the applicable paving and right of way standards of the city as found in this chapter.

   9.   Alleys:

      a.   Alleys shall be provided in commercial districts, except where other definite and assured provision is made for service access, such as off street loading, unloading, and parking consistent with and adequate for the uses proposed.

      b.   Alleys serving commercial areas shall be not less than thirty feet (30') in width.

      c.   Alleys are not required for residential areas, but, when provided, shall not be less than twenty feet (20') in width.

      d.   Alley intersections and sharp changes in alignment shall be avoided, but, where necessary, corners shall be cut off sufficiently to permit safe vehicular movement.

      e.   Dead end alleys shall be avoided where possible, but, if unavoidable, shall be provided with adequate turnabout facilities at the dead end as determined by the city council.

   10.   Sidewalks:

      a.   Sidewalks shall be required on both sides of all streets classified as primary or minor arterial and on one side of all collector and local streets. Sidewalks shall be constructed in accordance with the applicable standard specifications of the city.

      b.   On section line roads or designated major roadways, the subdivider or developer shall construct a sidewalk on the side of the road abutting the subdivision.

      c.   Sidewalks may be waived by the city council in one of the following conditions:

         (1)   When the density of the subdivision has a density of two and one-half (21/2) dwellings or less per gross acre.

         (2)   In the interior of planned unit developments where adequate provisions have been made for pedestrian flow and safety.

      d.   The following shall serve as the sidewalk requirements:

 

 

Note:

   1.   

      e.   Sidewalks shall be the responsibility of the homebuilder in residential subdivisions and not a part of the subdivider's or developer's improvements. An occupancy permit shall not be issued for any dwelling which has not been built in conformance with these sidewalk requirements.

   11.   Utilities In General:

      a.   Public easements at least fifteen feet (15') in width shall be provided for public utilities. Storm sewers are not considered to be utilities.

      b.   Easements for private utilities shall be required if sufficient space is not available in public easements.

      c.   Private utilities may not be buried in street easements without written approval of the city engineer.

      d.   The minimum horizontal separation of parallel water and sewer lines shall be ten feet (10').

      e.   Gas, electric, telephone and television cables must maintain a horizontal separation of at least four feet (4').

      f.   All primary and secondary electric feeders, telephone and television cables installed within any new subdivision shall be placed underground.

      g.   Trenches under areas to be paved shall be backfilled with a combination of rock screenings and sand compacted by water and a vibrating compactor.

   12.   Water Lines:

      a.   The subdivider or developer shall be responsible for the installation of the water lines. All water mains shall be dedicated to the appropriate water service provider.

      b.   The subdivider or developer shall provide a water distribution system of sufficient size meeting water use and fire protection requirements in accordance with these regulations and other applicable ordinances, standards and specifications of the city of Warr Acres and the Oklahoma City public works department governing water line construction.

      c.   The water system design shall provide as follows:

         (1)   Fire hydrants with steamer connections shall be required throughout the development area. Fire hydrants shall be installed in accordance with city, state, and national fire codes; however, in no case shall fire hydrants be placed greater than five hundred feet (500') apart or on any main less than six inches (6") in diameter. The placement of all fire hydrants shall be approved by the fire chief.

         (2)   Prior to the initiation of installation of any combustible materials within any subdivision, the public water mains and fire hydrants serving the location shall be installed.

   13.   Fire Lanes:

      a.   Fire lanes shall be provided for all buildings that are set back more than one hundred fifty feet (150') from a public road or exceed thirty feet (30') in height and are set back over fifty feet (50') from a public road.

      b.   Fire lanes shall be at least twenty feet (20') in width with the road edge closest to the building at least ten feet (10') from the building.

      c.   Fire lanes and driveways shall be located so that all buildings served by them are accessible to fire equipment. The designation and maintenance of fire lanes on private property shall be determined by the fire chief.

      d.   An all weather road, which is designed to support firefighting apparatus and approved by the city engineer, shall be provided for access to all construction sites prior to the placement of combustible materials on the site.

   14.   Sanitary Sewers:

      a.   The subdivider or developer shall install sanitary sewers to serve the subdivision in accordance with specifications governing sanitary sewer construction. All sanitary sewer mains shall be public and shall be dedicated to the city of Warr Acres.

      b.   Any new or replacement sanitary sewer system shall be designed to minimize or eliminate the following:

         (1)   Infiltration of floodwaters into such systems, and

         (2)   Discharges from such systems into floodwater.

         (3)   Vandalism.

      c.   Manholes shall be installed at the end of each sanitary sewer line.

      d.   Manholes shall be constructed at all changes in grade, size, or alignment at all intersections and at distances not greater than four hundred feet (400') for sewers fifteen inches (15") in diameter or less, and five hundred feet (500') for sewers eighteen (18) to thirty inches (30") in diameter.

      e.   Access to existing sanitary sewers shall be limited to the additional capacity available.

      f.   Subdividers or developers shall be responsible for installing a backwater valve on all new buildings constructed within the subdivision. Backwater valves shall be sized in accordance with the building sewer and shall have directional cleanouts installed on the inlet and outlet of the backwater valve. Bidirectional cleanouts shall not be permitted. Backwater valves shall be installed so their working parts will be readily accessible for service and repair and shall be enclosed by a valve box with surface cover for easy access to valve materials. Backwater valve boxes shall be constructed of corrugated steel, formed concrete, mortar and brick, or manufactured plastic, and shall withstand moisture, rust, corrosion and temperature. Buildings without backwater valves in original construction shall at the time of sewer replacement be provided with a backwater valve meeting the requirements specified herein.

      g.   No occupancy permit shall be issued for any structure, which has not been provided an approved connection to the public sewer system.

   15.   Storm Sewers And Drainage:

      a.   The subdivider/developer shall provide storm sewers, storm water detention facilities and drainage as needed to properly drain all property within the development area. Storm water drainage requirements shall be in full compliance with federal mandates as may be hereinafter adopted by the city.

      b.   The storm drainage system shall be separate from the sanitary sewer system.

      c.   Drainage from adjacent property shall not be restricted.

      d.   Roadways shall be free from standing water during storms of a 25-year return frequency.

      e.   No building or structure shall be constructed over a storm sewer.

      f.   Drainage easements of sufficient width shall provide unobstructed access to all storm sewers. The minimum easement width shall be fifteen feet (15').

      g.   All subdivision proposals and other proposed new developments shall be reviewed to ensure that all such proposals are consistent with the need to minimize flood damage that all public utilities and facilities such as sewer, gas, electrical and water systems are located, elevated and constructed so as to minimize or eliminate flood damage and that adequate drainage is provided so as to reduce exposure to flood hazards.

   16.   Open Spaces: Public parks, playgrounds and other public areas and open spaces shall be provided as follows:

      a.   One-third (1/3) acre for every ten (10) acres of area to be subdivided.

      b.   This section shall not apply to planned unit developments where adequate common areas are provided for open space. (Ord. 1036 §2, 2007: Ord. 968 §1, 2002: Ord. 832 §1, 1997)

The planning commission shall cooperate with the Oklahoma City and Bethany planning commissions in connection with the use of areas adjacent to and beyond the city limits, and may make surveys and studies of present conditions and further growth of the city giving due regard to the neighborhood territory. (Ord. 832 §1, 1997)