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2008.10.13_Planning Commission Agenda
PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: DATE: TIME: PLACE: NOTICE FILED BY: TITLE: Regular October 13, 2008 6:00 PM Old Central 109 North Birch Larissa Darnaby City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 1:00 PM on October 9, 2008. Larissa Darnaby, City Plann OWASSO PLANNING COMMISSION Monday, October 13, 2008 at 6:00 PM Old Central 109 North Birch AGENDA Call to Order 2. Roll Cali 3. Approval of Minutes from the September 8, 2008 Regular Meeting. 4. Annexation OA- 08 -03- A request to review and approve the annexation of approximately ten (10) acres, located about 660'north of East 96a' Street North and half of a mile east of North 129s East Avenue.. 5. Final Plat — The Center at Owasso Amended— request to review and approve the final plat for The Center at Owasso Amended, located at on the south side of East 96a' Street North and immediately west of North 121` East Avenue. 6. Amendment to the Owasso Subdivision Regulations— Consideration and appropriate action related to a request for Planning Commission approval for the proposed update to the Owasso Subdivision Regulations. Report on Monthly Building Permit Activity. 8. Economic Development Report. 9. Report on Planning Items Previously Forwarded to City Council. 10. Adjournment. r� OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, September 8, 2008 Owasso Old Central 109 North Birch, Owasso, Oklahoma MEMBERS PRESENT Marilyn Hinkle David Vines Dr. Mark Callery Dr. Paul Loving MEMBERS ABSENT Charles Brown STAFF PRESENT Eric Wiles Larissa Darnaby Chelsea Harkins Marsha Hensley Daniel Dearing Dan Salts The agenda for the regular meeting was posted at the north entrance to City Hall on September 2, 2008 at 4:00 PM. 1. CALL TO ORDER - Marilyn Hinkle called the meeting to order at 6:03 PM and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF AUGUST 11, 2008 REGULAR MEETING - The Commission reviewed the minutes of August 11, 2008 regular meeting. David Vines moved to approve the minutes and Dr. Loving seconded the motion. A vote on the motion was recorded as follows: David Vines -Yes Marilyn Hinkle - Yes Dr. Paul Loving - Yes Dr. Mark Callery - Yes The motion was approved 4 -0. 4. Annexation OA 07 -08 - The City of Owasso has received a request to annex the majority of the northern two square miles (approximately 1,233 acres) of the Stone Canyon development. Stone Canyon is a large multi -use development proposed for the area roughly between North 161` East Avenue and North 193rd East Avenue on the south side of East 76h Street North, stretching south to State Highway 266 (also known as East 46th Street North and Port Road). The entire development area is 3,330.95 acres, and was placed within a Planned Unit Development (PUD) approved by Rogers County on October 17, 2005. Marilyn Hinkle presented the item and the staff report was reviewed by Eric Wiles. The annexation review process was described. The applicant is requesting that the City of Owasso annex just less than two square miles (1,233 acres), located between North 161" East Avenue and North 1934 East Avenue on the south side of East 76' Street North. The property is not adjacent with the developed portion of the city's limits; the property does lie contiguous to the city's fence line. The property has already been placed with a Planned Unit Development and parts are already platted. Stone Canyon L OWASSO PLANNING COMMISSION September 8, 2008 Page No. 2 proposes a variety of uses, including residential uses of varying densities, commercial and office uses, an elementary school, rock quarrying, and recreational uses such as a golf course and hiking trails. Three subdivisions totaling 252 acres and 174 residential lots have been approved by Rogers County and are currently under construction and do not meet municipal standards. At this time, Stone Canyon does not have sanitary sewer service. Staff recommends approval of the annexation, minus the 45 acres of rock quarry property and minus the three subdivisions that are currently under construction. This would be the undeveloped portion of the two northern sections of Stone Canyon. Ms. Belinda Robertson (18181 East 761i Street North), a nearby property owner, expressed concerns regarding the increase of traffic along E. 760' St. No and who will own and maintain the street. She also had questions concerning the increase of property taxes because of this new development. Marilyn Hinkle moved to approve the annexation with the exception of the boundaries of the three subdivisions currently under construction and with the exception of the 45 acres owned by Anchor Stone. David Vines seconded the motion. A vote on the motion was recorded as follows: David Vines -Yes Marilyn Hinkle - Yes Dr. Paul Loving - Yes Dr. Mark Callery - Yes The motion was approved 4 -0. 5. Final Plat - El Rio Amended - The City of Owasso has received a request to review and approve an amendment to a portion of the El Rio Vista Final Plat, located at the northwest corner of East 96" Street North and North Garnett Road (including the "PoMac's" service station facility). Marilyn Hinkle presented the item and the staff report was reviewed. Larissa described the property location and the final plat process. The request is to create new lot boundaries in anticipation of future redevelopment as well as new development. The total area being amended is comprised of 3.75 acres of land. Lot 1 would be approximately 1.66 acres in size, and lot 2 would be approximately 2.1 acres. The tract is zoned CS (Commercial Shopping). The final plat was reviewed by the Technical Advisory Committee on August 27, 2008. There were no comments provided. Staff recommends approval. There was discussion regarding the possibility of requiring 20ft limits of no access at the northernmost boundary along Garnett Road. Eric Wiles assured the Commissioners that a 20ft landscape buffer will be required along the northern boundary because of the abutting residential lots. Marilyn Hinkle moved to approve the El Rio Amended final plat. The motion was seconded by Dr. Callery. A vote on the motion was recorded as follows: OWASSO PLANNING COMMISSION September 8, 2008 Page No. 3 David Vines - Yes Marilyn Hinkle - Yes Dr. Paul Loving - Yes Dr. Mark Callery - Yes The motion was approved 4 -0. 6. Final Plat - Lake Valley IV - The City of Owasso has received a request to review and approve the Lake Valley IV Final Plat of one hundred and fourteen (114) residential lots, in nine (9) blocks on approximately 23.1116 acres of land, located about a quarter of a mile of East 106`h Street North and about a quarter of a mile east of North 145` East Avenue, immediately east of Lake Valley II and immediately north of Lake Valley III. Marilyn Hinkle presented the item and the staff report was reviewed. Larissa described the property location and the development process. The proposed development is allowed by right with the RS -3 zoning and will contain one hundred and fourteen (114) residential lots, in nine (9) blocks. The Technical Advisory Committee reviewed the request on August 27, 2008, the following comments were provided: Staff recommends approval of the Lake Valley IV final plat with the following conditions: 1. Coordinate fire hydrant locations with the Fire Marshal. 2. Change " East 110'" Place North" to " North 147' East Avenue" 3. Change " East 110' Street North" to " North 149' East Avenue" 4. Change " East 109" Place North" to " North 151" East Avenue" 5. Identify adjacent zoning designations. Staff recommends approval of the final plat for Lake Valley IV with the above conditions. The applicant was present to answer any questions. Dr. Loving moved to approve the final plat subject to the above conditions. Also subject to receiving a letter from the Corporation Commission verifying that the gas well has been capped. Marilyn Hinkle seconded the motion. A vote on the motion was recorded as follows: David Vines - Yes Marilyn Hinkle - Yes Dr. Paul Loving - Yes Dr. Mark Callery - Yes The motion was approved 4 -0. 7. Report on Monthly Building Permit Activity 8. Economic Development Report. 9. Report on Planning Items Previously Forwarded to City Council. OWASSO PLANNING COMMISSION September 8, 2008 Page No. 4 10. Adjournment - Marilyn Hinkle moved, David Vines seconded, to adjourn the meeting. A vote on the motion was recorded as follows: David Vines - Yes Marilyn Hinkle - Yes Dr. Paul Loving - Yes Dr. Mark Callery - Yes The motion carried 4 -0 and the meeting was adjourned at 7:00 PM. Chairperson Vice Chairperson Date MEMORANDUM TO: OWASSO PLANNING COMMISSION FROM: LARISSA DARNABY CITY PLANNER SUBJECT: ANNEXATION — OA -08-03 DATE: OCTOBER 3, 2008 BACKGROUND: The City of Owasso has received request to review and approve the annexation of approximately ten (10) acres, located about 660'north of East 96`s Street North and half of a mile east of North 129'' East Avenue. EXISTING LAND USE: Undeveloped SURROUNDING LAND USE: North: Large Lot Single - Family Residential South: Large Lot Single - Family Residential East: Large Lot Single - Family Residential West: Large Lot Single- Family Residential PRESENT ZONING: RE (Residential Estate) Tulsa County DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the City limits is made a part of the City. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police and fire protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. ANNEXATION REVIEW PROCESS: The annexation process is initiated when a property owner submits a petition to the City of Owasso requesting that the City bring the property into the City limits. The annexation request is then presented to the Owasso Annexation Committee for review and recommendation. The Annexation Committee is made up of staff elected officials and citizens. The Committee reviews the petition for compliance with the Annexation Policy and establishes a recommendation to the Owasso Planning Commission. The Owasso Planning Commission holds a public hearing to determine if the property is compliant with the Owasso Annexation Policy and establishes a recommendation to the Owasso City Council. The Owasso City Council will make the final determination to annex the property or refuse annexation. If the property is annexed into the City limits an ordinance officially declaring the annexation is written and adopted by the City Council. Once adopted the ordinance is circulated to appropriate regional and national agencies for recording and altering maps. ANALYSIS: The applicants are requesting to annex approximately ten acres of land, located about 660'north of East 96a' Street North and half of a mile east of North 1291` East Avenue. The subject tract is currently undeveloped and is bordered by large lot single - family residences. The owners are requesting annexation in order to receive city services such as police and fire. The subject tract is abutting city property, and thus is consistent with the City of Owasso's annexation policies. This annexation request is accompanied by an application to the Owasso Board of Adjustment for a Special Exception to allow for the construction of a church on the property. The Owasso Board of Adjustment sball hear the Special Exception case at their regularly scheduled meeting on October 28, 2008. Staff published legal notice of the annexation petition in the Owasso Reporter and letters of notification were mailed to property owners within a 300' radius. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee reviewed the request on September 24, 2008. There were no comments. OWASSO ANNEXATION CONEM TEE: The Owasso Annexation Committee reviewed the request on September 24, 2008. There was discussion in regards to bringing the property in under the RS -3 (Single Family Residential) Zoning Designation. The Owasso Annexation Committee recommended approval with no concerns. RECOMMENDATION: Staff recommends approval of the annexation request. ATTACHMENTS: 1. General Area Map 2. Letter Requesting Annexation 3. Legal Notice SUBJECT PROPERTY Legend r_.v1. icy i - - -�-�; , WE . �s,TA CITY OF OWASSO 1 I1 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 Tyann Development Co., Inc. P_O. Box 397 - Owasso, OK- 74055 PH:91 8-274.0.517 FAIL 918.274 -0413 August 19, 2008 Larissa Damaby, City Planner City of Owasso 111 North Main Owasso, OK 74055 Dear Ms. Darnaby, We are requesting the annexation of the following described tract of land The Northwest Quarter of the Southeast Quarter (NW /4 SWA) of Section Sixteen (16), Township Twenty -one (21) Nord1, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the United States Government Survey thereof- Containing Ten (10) Acres More or Less. (See Attachment) It is our understand that this request would be heard by the TAC ,& Annexation Committee on September 24, 2008. It would then be sent to the Planning Commission with their recommendations and the Planning Commission would heard the request October 13, 2008. From the Planning Commission it would be sent to the City Council with all recommendations to be heard on October 21, 2008. If approved by the City Council it would then become a part of the City of Owasso. If our understanding is incorrect please contact me at the above number. For general information we would expect to submit an application to the Owasso Board of Adjustment prior to October 1, 2008 asking for a Special Exception for a Church Use on this tract and the five acre tract South of this tract and fronting on East 96" Street North. It is our understanding that this case would be heard by the Board of Adjustment on October 22, 2008. We thank you for your consideration on this matter and if you have questions, please do not hesitate to contact me. Sincerely, s . C Steve Compton Merger �o nTity Wit out Limits. .removing I NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED ANNEXATION TO THE CITY OF OWASSO, OKLAHOMA obstacles APPLICATION: OA -08 -03 Notice is hereby given that a public hearing will be held by the Owasso Planning Commission standing at Ohl Central, 109 N. Birch, at 6:00 P.M. on the 13 "' day of October, 2008. At that time, consideration will he given to the petitioned annexation of the following described property: fn the way The Northwest Quarter of the Southeast Quarter (NW /4 SW /4) of Section Sixteen (16), Township Twenty-one (2l) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the United States of people Government Survey thereof. Containing ten (10) acres more or less. celebrating their fives. T All persons interested in this matter may be present at the hearing and present their objections to or arguments for the above matter. For more information on the proposed annexation, contact the Owasso Community Development Department, City Hall, 111 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376 -1541. Dated at Owasso, Oklahoma, this 5 "' day of September, 2008. Marsha Hensley Assistant City Planner 111 N. Main '.0. Box 180 city of Owasso FAX (918) 376 -1550 Owasso, Oklahoma 74055 a cfry Of character www.cityofowasso.com 10 l��t17;7a ►1 TO: OWASSO PLANNING COMMISSION FROM: LARISSA DARNABY CITY PLANNER SUBJECT: FINAL PLAT - THE CENTER AT OWASSO AMENDED DATE: OCTOBER 3, 2008 BACKGROUND: The City of Owasso has received request to review and approve the final plat for The Center at Owasso Amended, located on the south side of East 96a' Street North and immediately west of North 121't East Avenue. ANALYSIS: Staff has received a request from the owners of The Center at Owasso located on the south side of East 9& Street North. The owners request to have a final plat amendment to adjust the lot boundary on Lots 2 and 3, Block 1 of the Center at Owasso, in anticipation of future development. The amendment is to adjust the lot lines of Lots 2 and 3 in order to provide more accessible, and thus, more easily developable lots. Lot 2 is currently 3.134 acres in size, and Lot 3 is currently 0.829 acres. If the amendment is approved, Lot 2 would be 2.985 acres in size, and Lot 3 will be 0.978 acres. The total area being amended is comprised of 3.963 acres of land. The tract is zoned CS (Commercial Shopping), and again this amendment is in anticipation of future development. The application, as proposed, does meet all bulk and area requirements. Staff finds that the request is consistent with stated intent of the zoning code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The Final Plat Amendment was reviewed at the Technical Advisory Committees regularly scheduled meeting on September 24, 2008. At that meeting the following recommendations were provided: • A 5' easement needs to be shown on the northeast comer • Show the manhole inside the easement • The island needs to show dedication to the City of Owasso • Indicate that the property is not in the floodplain • Show both sign easements with instrument number Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including, but not limited to, paved streets and sidewalks. The proposed development will require no significant expansion of utilities or infrastructure. Sewer and water service will be provided by the City of Owasso. Staff intends to recommend approval of The Center at Owasso Amended final plat. ATTACBMENTS: 1. General Area Map 2. The Center at Owasso Final Plat Amended 0 0 IO A L- 96TF 04 H W OW�SSO MARKET I OWASSO MAF Arm ShT,� a . 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In an effort to ensure that Owasso' s quality of life regulations are maintained in a fashion that keeps up with the modern realities of the community, the staff has undertaken an update to the subdivision regulations. This memorandum attempts to explain what changes are proposed in the regulations, as well as the reasons behind those proposed changes. In order to focus on substance, this report highlights the proposed changes that will truly modify the way we do things, and many minor changes to the text that do not constitute changes in policy or procedure are not mentioned here. PROCESS: The staff has met individually with members of the Planning Commission, developers, and various municipal departments to explain the proposed changes to the subdivision regulations and to gain input on those proposals. The staff will present the draft of the code to the Planning Commission at a public hearing on October 13, 2008 and then to the City Council at the October work session. Based on input obtained from these various sources, the staff will prepare a final revision to the draft of the code, and will then bring the regulations back to the City Council for consideration. For ease of use, proposed changes to the text of the regulations have been highlighted in yellow, with bold lettering used for text proposed to be added and stfikethreuglrlettering used for text proposed to be deleted. CHAPTER 1 — GENERAL PROVISIONS: The significant change to this chapter is the provision for how the regulations may be changed, or promulgated. With this change, it is proposed that the City Manager have the ability to amend the regulations as it is deemed necessary. Any changes or additions to these subdivision regulations would, after notification to the City Council, Planning Commission, Board of Adjustment, and the public, lay open for consideration for 30 days. During this time, the City Council would have the ability to disapprove the changes in part or in whole. If not disapproved within the 30 days allotted, the new rules and regulations would have the force and effect of law. Such rules regarding promulgation have already been made a part of the City' s landscaping regulations, sign code, and outdoor lighting standards. CHAPTER 2 — SUBDIVISION PLAT PROCEDURES: The most significant proposed change to Chapter 2 is that subdivisions with only one lot may skip the preliminary plat stage and begin at the final plat portion of the subdivision process. The City of Owasso has allowed such an abbreviated process since 2002 in an attempt to help facilitate a more reasonable turnaround in process time for developments, and the results have benefited both the community and developers. The proposed change in text would codify this policy. CHAPTER 3 — SUBDIVISION DESIGN STANDARDS: The first significant proposed change to Chapter 3 (Sec. 3.2.14.B) is that the City Planner will now be responsible for the coordination of addresses for all new platted lots within Owasso. A second significant change (Sec. 3.2.15) increases the minimum radius of right -of -way intersections from 20 to 25 feet. The vast majority of intersections in Owasso have at least a 25' radius already, so that large vehicles such as refuse trucks and ambulances can negotiate the turn without encroaching into the travel lanes of other vehicles. A third change (Sec. 3.2.17) proposes to combine primary arterials and secondary arterials into one classification, with a minimum right -of -way width of 100 feet. In order to allow for turn lanes, an additional 26 feet of right -of -way will be required in each direction from arterial street intersections. A fourth change (Sec. 3.4) proposes that subdivisions in RE Residential and AG Agricultural zoning districts are not required to have sidewalks if the development contains a pedestrian trail within a common area or reserve area connecting the development with adjacent properties. The minimum lot size for an RE district is 24,000 square feet, meaning that this allowance would only be valid for developments where no lot is smaller than .55 acres. A fifth change (Sec. 3.8.4) proposes that minimum building pad elevations shall be shown on each lot included in the final plat. A sixth change (Sec. 3.13 and Sec. 3.14) requires that a homeowners association be created for every residential subdivision. The homeowners association shall be responsible for the maintenance of the stormwater drainage system and detention facilities. Ownership and control over the subdivision' s common areas shall be transferred to the homeowners association by the time that 85 % of the lots within the subdivision have received building permits. CHAPTER 4 — SUBDIVISION CONSTRUCTION PROCEDURES: The first proposed change to Chapter 4 (Section 4.2.8) allows borrow ditches instead of curbs and gutters for subdivisions in RE Residential and AG Agricultural zoning districts. Such ditches would provide for stormwater drainage conveyance in the place of curbs and gutters that are required in developments of higher density. A second proposed change requires that all lots platted within the Owasso city limits shall be provided with a connection to sanitary sewer. CHAPTER 5 — FEES: The first proposed change to Chapter 5 (Section 5.1.3) sets the Parks Development Fee, approved by the City Council in 2007, at $300. The second proposed change to Chapter 5 (Section 5.2) sets the Emergency Siren Fee, approved by the City Council in 2008, at $35 per each subdivided acre. The third proposed change to Chapter 5 (Section 5.3) includes language about the requirement to reimburse the City of Owasso the cost of extending sanitary sewer lines within basins for which sanitary sewer payback agreements have been approved. Such payback fees are required upon approval of the final plat for the subdivision. CHAPTER 6 — CHANGE OF LIMITS OF ACCESS: The only proposed change in Chapter 6 requires that the Technical Advisory Committee review all requests for changes of limits of access. Upon such review, the Community Development Department may either approve, approve with conditions, or disapprove the request. CHAPTER 7 — LOT SPLITS: There are no significant changes proposed for Chapter 7. CHAPTER 8 — BUILDING PERMITS: The only proposed change to Chapter 8 (Section 8.1.D) allows for up to 10% of the lots in a residential subdivision to be made eligible for building permits upon acceptance of water and sanitary sewer utilities for that subdivision. The City of Owasso has enforced this allowance since 1996; the proposed change would codify the policy in the Subdivision Regulations. CHAPTER 9 — DEFINITIONS AND USAGE: The staff proposes to remove superfluous definition entries from Chapter 9 RECOMMENDATION: The staff recommends approval of the proposed subdivision regulations. ATTACHMENT: Proposed Changes to the Owasso Subdivision Regulations Proposed Changes of the Owasso Subdivision Regulations CHAPTER 1. GENERAL PROVISIONS 1.1 TITLE These Regulations shall hereafter be known, cited and referred to as the Subdivision Regulations of the City of Owasso, Oklahoma. 1.2 PURPOSE AND INTENTIONS 1.2.1 Purpose: The arrangement of parcels of land in Owasso for residential, office, commercial and industrial uses and for public needs, such as streets and easements, etc. will to a large degree determine the health, safety, economy and quality of life in the city. Such amenities are a public concern. These Regulations and standards for the subdivision of land are intended to insure the development and maintenance of a safe, healthy, attractive and efficient community and provide for the conservation of its human and physical resources. 1.2.2 Intentions: These Regulations are specifically intended to: A. Establish a subdivision process that is as expeditious and efficient as possible while providing for public health, safety and general welfare. B. Harmoniously relate development of the various tracts of land to the existing community and facilitate the future development of adjoining tracts. C. Provide that the cost of improvements which primarily benefit the tract of land being developed be bome by the owners or developers of the tract. D. Provide the best possible design for the tract. E. Provide a proper arrangement of streets and assure the adequacy of open spaces for traffic and access of emergency vehicles commensurate with the intensification of land use customarily incident to a change of zoning. F. Reconcile any differences of interest. G. Ensure proper legal descriptions, monumenting of land and adequate and accurate platting and records of land subdivision. H. Ensure that public facilities and utilities are available that will have sufficient capacity to serve the proposed subdivision and the general community. I. Promote development that will preserve the natural beauty and physical characteristics of the land and will intrude upon the environment to the least possible extent. J. Encourage designs which will require minimal maintenance of public improvements by the City. MXVIA :_B] 110 These Regulations and Minimum Standards for land development are adopted under the authority granted by Oklahoma Statutes. 1.4 JURISDICTION These Regulations shall apply to all subdivision of land located within the corporate limits of the City of Owasso, Oklahoma. 1.5 SUBDIVISION PLAT REQUIREMENT AND WAIVER For any land which has been rezoned upon application of a private party, no building permit shall be issued until that portion of the tract on which the permit is sought has been included within a subdivision plan or replat, as the case may be, submitted to and approved by the Planning Commission and City Council and filed of record in the office of the County Clerk where the property is situated. The City Council, upon a showing that the purposes of these regulations have already been achieved by previous platting, or could not be achieved by a plat of replat, may waive the subdivision plat requirement. 1.6 PLAT VACATION AND ALTERATIONS No vacation of a plat or any parts thereof, except by action of the District Court, shall be valid or impart notice until after the required consent of such platted area is presented to the City Council and the approval of the Council is entered thereon. All vacations or alterations of a final approved filed plat shall require the approval of the Planning Commission and City Council and the filing of a corrected plat, approved deed or accepted easement. Alterations of a plat without approval shall constitute a violation of these Regulations. 1.7 VARIANCE OF REGULATIONS 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 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 that at the same time, the public welfare and interests of the City are protected and the purpose and intentions of these regulations are preserved. Such modification may be granted upon written request of the subdivider stating the reason for each modification and may be waived by three- fourths (3/4) vote of the members of the Planning Commission present, subject to the acceptance of the plat and the dedications thereon by the City Council. Variance of the Zoning Code must be granted by the Owasso Board of Adjustment. 1.8 PROMULGATION OF RULES AND REGULATIONS Upon adoption of this ordinance, the City Manager shall present Rules and Regulations relating to the implementation of the intent of the Subdivision Regulations to the City Council for adoption by resolution. Provided, however, that the City Manager shall from time to time promulgate such additional Rules and Regulations, or changes to existing Rules and Regulations as considered necessary. The promulgation of such Rules and Regulations, in whole or in part, shall require the City Manager to notify the City Council, Planning Commission, and Board of Adjustment in writing of the proposed Rules and Regulations and shall require the exact language of the proposal be attached to such notice. Such notice to the City Council shall be published in the consent agenda of a City Council meeting for acknowledgement of Council receipt of the change(s). Upon notification to the City Council and for a period of 30 days, the proposed Rules and Regulations shall lay open and be subject to City Council action to disapprove either in part or in whole. Absent action by the City Council to disapprove proposed Rules and Regulations within the allotted time frame, such Rules and Regulations shall have the force and effect of law. 1.9 SEPARABILITY OF PROVISIONS If any section, clause, paragraph, provision or portion of these regulations shall be held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, paragraph, provision or portion of these Regulations. 1.10 PENALTY Any person or persons, firm, or corporation, who shall violate any of the provisions of these Regulations, or shall fail to comply therewith, or with any of the requirements thereof, shall be deemed guilty of an offense and, upon conviction thereof, shall be fined not more than $200.00 and costs and/or 30 days imprisonment. liati''a feF a fin as provided by lav,- Each day such violation shall be permitted to exist shall constitute a separate offense. In addition to the other remedies provided herein, the City may institute any proper action or proceedings to enforce these Regulations. 1.11 TECHNICAL ADVISORY COMMITTEE ON PLATS - MEMBERSHIP The membership of the Technical Advisory Committee shall consist of one representative of each of the following agencies and companies and such other public officials as the City Manager may designate: A. the City Manager, B. the City Engineer, C. the City Attorney, D. the City Planner, E. the Building Inspector, F the Peliee acil G. the Fire Chief, H. the City Project Manager, J. the County Engineer of the involved county, dep-m--ment Ye L. an Owasso Public Works Authority representative, M. a natural gas company representative, N. an electric company representative, O. a cable television company representative;,aad P. a telephone company representative, and Q. a Planning Commission representative 1.12 TECHNICAL ADVISORY COMMITTEE ON PLATS - DUTIES It shall be the responsibility of the Technical Advisory Committee (TAC) to meet together on the call of the City Planner, who shall serve as chairperson, to review and study all preliminary plats, final plats and lot splits and to submit its findings and recommendations to the Planning Commission. CHAPTER 2. SUBDIVISION PLAT PROCEDURES 2.1 PROCESS 2.1.1 Requirement: Whenever any subdivision of land is proposed, before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner of the 1l land or his agent shall apply for and secure both Planning Commission and City Council approval of a final plat for such proposed subdivision. 2.1.2 Procedure: The proposed subdivision shall be processed as follows: A. Pre -plat conference, B. Application for Preliminary Plat (proposed subdivisions containing only one lot may begin with step F of this list), C. Technical Advisory Committee (TAC) review of the Preliminary Plat, D. Planning Commission review of the Preliminary Plat, E. Revision of the Preliminary Plat, if required, F. Application for the Final Plat, G. Submission of Construction Plans for approval to Public Works and DEQ, H. TAC review of the Final Plat, I. Planning Commission review of the Final Plat, J. Obtain Public Works and DEQ approval of the Construction Plans, K. City Council review and approval of the Final Plat, L. Certification of the Final Plat, M. Record the certified Final Plat with the appropriate County officials, and return file - stamped original plats to the City Planner, O. Pre - Construction Conference, P. Construction of subdivision improvements in accordance with the approved Construction Plans, Q. Council acceptance of subdivision improvements. 2.2 PRE -PLAT CONFERENCE A pre -plat conference shall be held between the Subdivider and the City Planner to discuss Zoning Code requirements, subdivision design requirements, platting procedures and improvements construction. 2.3 PRELIMINARY PLAT 2.3.1 Purpose: The purpose of the Preliminary Plat is to provide an interim step in the procedure when the Subdivider shall submit a proposed preliminary plat containing the information required in paragraph 2.3.2 hereof. It is at this point that the items discussed at the Pre -plat conference are shown and the development is examined to see if it conforms to the Subdivision Regulations. 2.3.2 Preliminary Plat Contents: The Preliminary Plat shall be drawn at a scale of one hundred (100) feet to one inch or larger. All printing shall be clear and legible. All sheets shall be of a consistent size of twenty-four (24) inches by thirty six (36) inches or smaller. Each sheet shall be sealed by a registered professional engineer. The Preliminary Plat shall contain or be accompanied by the following information: 5 A. The Proposed name of the subdivision shall not duplicate or too closely resemble names of existing subdivisions in Tulsa or Rogers Counties. B. The names and addresses of the owner(s) of record, the subdivider(s), and the registered engineer or land surveyor preparing the plat. C. An accurate legal description of the property and a complete boundary survey showing the dimensions, distances to the nearest one - hundredth foot, bearings to the nearest second and acreage to the nearest one - hundredth acre. D. The scale, north point and date. E. The key or location map, at a legible scale, showing the locations of subdivisions within the mile section. F. The location of property lines of adjoining implatted land and the names of adjoining subdivisions and the location of city limits boundaries if adjoining the subdivision. G. The topography with contour intervals of not more than two (2) feet based on United States and Geodetic Survey data. H. The location and description of all existing structures. I. The locations of all ponds, lakes and streams and the areas subject to flooding based upon the regulatory flood. I The location, width and name of each existing or proposed street or other public way, railroad, and utility easement, bridge, park and other public open space within or adjacent to the proposed subdivision. K. The locations and widths of easements of all oil, gas and petroleum product pipelines within or adjacent to the proposed subdivision. L. The location of every existing or abandoned oil or gas well or dry hole drilled in search of oil or gas as shown by the records of the Oklahoma Corporation Commission and by such records as may be on file with the Planning Commission. M. The location of facilities and land to be considered for dedication to public use, or to be reserved for use of all property owners in the subdivision and any conditions of such dedications or reservations. N. All proposed lots consecutively numbered, their dimensions, and all building setback lines. O. All blocks consecutively numbered. P. Any other information as may be deemed by the Planning Commission as reasonably necessary for the full and proper consideration of the proposed subdivision. Q. Draft of Restrictive Covenants, R. List of abutting property owners. 2.3.3 Application: The Subdivider shall submit twenty -four (24) copies of the Preliminary Plat to the City Planner no later than the Aamiing Commission Faeetin the first business day of the month of the TAC meeting at which the plat will be reviewed. The Preliminary Plat shall be accompanied by an application, the forms for which shall be supplied by the City Planner, and d a fee as established by erdie resolution. 2.3.4 Review of Preliminary Plats: A. The City Planner upon receipt of the preliminary plat and fees shall: 1. Distribute copies of the Preliminary Plat to the Technical Advisory Committee, 2. Set the plat on the TAC and Planning Commission agendas, 3. Review the plat for conformance with the Zoning code and these Regulations, 4. Prepare recommendations for submission to the TAC and Planning Commission. 5. Notify abutting property owners by First Class Mail. B. The Technical Advisory Committee shall review the Preliminary Plat and make recommendations to the Planning Commission. C. The Planning Commission, at a public hearing, shall apyr-eve accept, apprsve accept with modifications, or continue to a date certain of disappi:ev e the preliminary plat. Such Planning Commission action will be conveyed to the subdivider in writing within five (5) days after the meeting at which such plat was considered. , The subdivider shall be notified of the reasons for such action and what requirements will be necessary for the final plat to meet the approval of the Commission. The approval acceptance of the preliminary plat does not constitute an acceptance of the subdivision, but is deemed to be an authorization to proceed with the preparation of the final plat. 2.3.6 Preliminary Plat Expiration: The approval of a Preliminary Plat shall be effective for a period of one (1) year from the date of approval by the Planning Commission, at the end of which time approval of the final plat must have been obtained from the City Council. Unless the City Planner grants an extension in writing, any Preliminary Plat not receiving final plat approval within one (1) year shall be null and void. Every plat shall conform to existing Subdivision Regulations applicable at the time of approval of the Preliminary Plat unless modifications have been granted. 2.4 FINAL PLAT 2.4.1 Application: The Subdivider shall submit twenty-nine (29) copies of the Final Plat and Restrictive Covenants to the City Planner no later than d4ty one (3 1) ealendar days the first business day of the month of the TAC meeting at which the plat will be reviewed. The Final Plat shall be accompanied by an application, the forms for which shall be supplied by the City Planner, and a fee as established by ordinance. Requests for Exceptions to these Regulations or requirements of the Preliminary Plat shall be submitted in accordance with these Regulations. 2.4.2 Contents: The Final Plat shall show: A. The name of the subdivision, city, county and state. The subdivision name shall not duplicate or too closely approximate the name of any existing subdivision in Tulsa or Rogers Counties. B. The name and address of the owner(s) of record, the subdivider(s) and the registered engineer or land surveyor preparing the plat. Official seals of the engineer or surveyor are required. C. The accurate legal description of the subdivision referenced to section, range and township, based on an accurate traverse, giving angular and linear dimensions which must mathematically close, the allowable error of closure on any portion of a final plat shall be one (1) foot in five thousand (5,000). D. The location of monuments shown in reference to existing United States Coastal and Geodetic Survey data or the nearest established street lines, including true angles and distances to such reference points or monuments. E. The date of preparation of the plat, north arrow and scale (written and graphic presentation). F. The key or location map showing location and name of subdivisions within the mile section. G. The total acreage and total number of lots of the subdivision shown near the key or location map. H. The names of all adjacent subdivisions and the names, locations and widths of all existing streets, easements, drainageways, and other public ways adjacent to the property. I. Location of lots, streets, public highways, alleys, parks, building lines, limits of no access and other features, with accurate dimensions in feet and decimals of feet and distances, angles and/or bearings. Where these lines follow a curve, the central angle, the radius, point of curvature, length of curve and length of intermediate tangents shall be shown. I 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 for public use." K. Locations and accurate dimensions of all property to be offered for dedication for public use, and all property reserved for the common use of the property owners within the subdivision, with purpose indicated. This includes, but is not limited to, dedication of streets and alleys, parks, drainageways, or other areas dedicated or reserved for public use. L. The names of all streets to be dedicated. M. The dimensions of all lots and lot lines, and the bearings of those lot lines not parallel or perpendicular to the street right -of -way line. N. Location and dimensions of all easements to be dedicated. All easements shall be denoted by fine dashed lines, clearly identified, and if already on record, the recorded reference of such easements. The width of an easement with sufficient ties to locate it definitely with respect to the subdivision must be shown. O. Easements located outside the boundaries of the plat, required for plat approval. Proof of executed easements shall be provided to the city upon request of a permit to construct. P. The deeds of dedication for all rights -of -way, easements and other properties and any deed restrictions applicable to the subdivision shall be shown. Q. The location of every oil or gas well, or abandoned oil or gas well, or dry hole drilled in search of oil or gas, as certified by the records of the Oklahoma Corporation Commission submitted to the Planning Commission. R. All lots located in a one hundred (100) year flood plain area of special flood hazard shall have the building pad elevation provided on each lot on a copy of the final plat prior to recording the final plat. That pad elevation shall be a minimum of one (1) foot above the said one hundred (100) year flood elevation as identified by Federal Emergency Management Agency (FEMA) or other authority. S. A copy of any private restrictions affecting the subdivision or any part thereof attached to each plat. T. Reference to any separate instruments which directly affect land being subdivided, including restrictive covenants, filed in the office of the county recorder of deeds. U. Any other information as may be deemed by the Planning Commission as reasonably necessary for the full and proper consideration of the proposed subdivision. 2.4.3 Technical Advisory Committee Action: The Technical Advisory Committee shall review the Final Plat to ensure that all requirements have been satisfied. requested easeirients have been ideRtified. Eaeh Utility eempa" shaI4 sign a eepy ef the F4aal Plat . If any required items easeffieiAs afe Fequested th are not shown on the Final Plat, the TAC utility eex3garrg shall identify the requirements on a copy of the Final Plat, which shall be retained by the City Planner. The signatuEe of the r-elease of the plat for filing without the need fer any fti#her appfeval by the uWity 2.4.4 Planning Commission Action: The Planning Commission shall act upon the Final Plat after it has been submitted for final approval unless the stipulation for additional time is agreed to by the developer. If the final plat is disapproved, grounds for the refusal shall be stated in writing, a copy of which shall be transmitted to the applicant. 2.4.5 City Council Action: The City Council shall act upon the Final Plat subdivision of public land and for the acceptance of public ways, service and utility easements and land dedicated to public use. Approval of the final plat shall in no way be construed as acceptance of the public works improvements. The disapproval of any plat or plan by the City Council shall be deemed a refusal of the proposed dedication shown thereon. 2.4.6 Drafting: The Final Plat prepared for recording purposes shall be drawn at a scale of at least one (1) inch equals one hundred (100) feet or larger scale. The size of sheets on which such Final Plats are submitted shall be a consistent size of twenty-four (24) inches by thirty -six (36) inches or smaller. The drawing surface of any such plat shall have a binding margin of two (2) inches at the left side of the plat and a margin not less than one (1) inch at the right side. Where the proposed plat is of unusual size, the Final Plat may be submitted on two or more sheets of the same dimensions. If more than two sheets are required, an index sheet of the same dimensions shall be filed showing the entire development. 2.4.7 Certifications: The following certifications shall be required on the Final Plat filed of record in the office of the County Clerk: A. Certification signed and acknowledged by all parties having any title interest in the land subdivided, consenting to the preparation and recording of the plat as submitted. All copies of the plat shall cant' the original signatures of the owner or owners and notary public. B. Certification by the registered land surveyor or registered engineer as to the accuracy of the survey and of the plat, and that the monuments and bench marks are accurate as to location shown. C. Certification by the Mayor and City Clerk, or Deputy City Clerk, of the approval of the plat by the City Council. 2.4.8 Prints to be Furnished after Final Approval of the Plat: A. A minimum of eleven (11) copies of the approved final plat shall be furnished for endorsement by the appropriate city officials. Each copy shall bear the original signatures of the owner or owners and be duly acknowledged. Two of dwse deven (11) eepies shall B. After the approved Final Plat is filed of record in the office of the County Clerk, the subdivider shall return to the City Planner eight (8) certified plats, ene (1) MY4 repr-edffeible and seven "` signed paper eepies, all with the appropriate stamps, signatures and plat number from the County Clerk's office. Unless instructed otherwise by the City Planner, the Developer is required to also eneeur -aged to submit an AutoCAD electronic file to the City Planner. C. After the final plat has been executed by all required officials, the City Planner shall distribute copies to appropriate officials, agencies or departments and utility companies and retain file copies in the offices of the City Clerk and City Planner. 2.4.9 Approval and Recording of Plats Required: No plat or other land subdivision instrument shall be filed in the office of the County Clerk until it shall have been approved by the City Council as required. A Final Plat shall be filed within six (6) months of the approval of the City Council. Failure to record the plat within six (6) months of the date of the City Council approval shall void all approvals thereto, unless a written extension is granted by the City Planner. 2.5 FEES Preliminary Plat application fee, Final Plat application fee, Lot Split Application fee inspection fees and other pertinent fees shall be paid in accordance with the fee schedule as established by resolution er-dineaee by the City Council. 2.6 PLANNED UNIT DEVELOPMENT The platting of Planned Unit Developments shall proceed in accordance with Chapters one and two of these Regulations upon approval of a PUD by the City Council in accordance with the applicable sections of the Zoning Ordinance. 10 e FIrUROMMU Subdivision design shall reflect the provisions of the Zoning Code, the Awasse Majer Stfeet and Highway Plan, Owasso Engineering Design Criteria, other city ordinances and these regulations to the end that each subdivision will relate harmoniously with adjacent areas and the community in an orderly, safe, efficient and attractive manner. 3.2 STREETS 3.2.1 Access: A. Each lot of a subdivision shall be provided with access to a public street or approved private street or highway to assure convenience of the lot owner as well as to provide for the layout of utilities, waste removal, deliveries and emergency services. B. Lots shall not generally derive access from major streets. Provisions restricting ingress and egress to streets may be required by the Planning Commission and City Council to assure traffic safety and to relieve congestion at intersections. C. Double frontage lots and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography or orientation. 3.2.3 Abutting Arterial Streets: Where a subdivision abuts or contains an existing or proposed arterial street, the Planning Commission may require service streets, reverse frontage with screen planting contained in a non - access reservation along the rear property line, deep lots or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. 3.2.4 Abutting Railroad or Highway Right -of -Way: Where a subdivision abuts or contains a railroad right -of -way or limited access highway right -of -way, the Planning Commission and City Council may require a street approximately parallel to and on each side of such right -of -way at a distance suitable for the appropriate use of the intervening land. Such distances shall also be determined with regard for the requirements of approach grades and grade separation. 3.2.5 Through Traffic: Minor streets shall be arranged so that their use by through traffic will be discouraged. Industrial and commercial streets shall not inject non- residential traffic into residential areas. The arrangement of streets within a 11 subdivision shall, except for cul -de -sacs, connect with streets already dedicated in adjoining subdivisions or provide for future connections to adjoining unplatted tracts. 3.2.6 Adjacent Properties: Where adjoining properties are not subdivided, the arrangement of streets shall be projected to the boundary of the proposed subdivision with provisions made for a temporary right -of -way for a turn around of a size acceptable to the City Engineer. Barricades shall be installed at dead -end streets. Alignments, grades, drainage, and other appropriate design criteria of all streets within and bordering new subdivisions shall be governed by these regulations, where applicable, and by the Design Criteria of the City. 3.2.7 Reserve Strips: Reserve strips controlling access to streets shall be prohibited except where approved by the Planning Commission and City Council. 3.2.8 Future Development: Where a tract to be subdivided includes only a portion of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided remainder of the property shall be prepared and submitted by the subdivider. 3.2.9 Private Streets: Private streets shall not be approved, except when required by state law, or in connection with a Planned Unit Development having appropriate controls. 3.2.10 Street Offsets: Street offsets with center -line offsets of less than one hundred fifty (150) feet shall not be allowed. 3.2.11 Dedication of Right -of Way: Whenever an arterial a major stFeet is located adjacent to the outer edge of a subdivision, one -half (�/2) of the right -of -way shwAm en tffie QiAfflsse Majef Street and Highway P4 necessary to widen the arterial to five lanes shall be dedicated, if it is determined by the Planning Commission and City Council that such dedication is equitable and feasible for the other half of the right -of -way from the adjacent property. Half -street dedications on minor streets are prohibited. 3.2.12 Cul -de -sac Streets: All dead -end streets having a length of more than one hundred fifty (150) feet shall terminate in a cul -de -sac which has a circular turn- around having a minimum right -of -way radius of fifty (50) feet and a pavement radius of forty (40) feet. No such cul -de -sac street shall be more than six hundred (600) two thousand five hundred (2,500) feet in length measured from the entrance to the center of the turn- around. 3.2.13 Collector Streets: Collectors streets shall be so located as to provide for smooth traffic flow from local streets to arterials. Collector streets should normally be continuous for distances of not more than one half ('f2) mile, and offsets which are likely to induce continuing of traffic flow beyond that distance shall be avoided. 12 3.2.14 Street Names and Numbers: A. No street names shall be used which will duplicate or be confused with the names of existing streets. All north and south thoroughfares shall be designated "Avenues ", all east and west thoroughfares shall be designated "Streets ", and numbering of streets shall be according to the Tulsa County system. Where a street is an extension of an existing street, the existing name shall be used. Where a new street is not an extension of an existing street, new names or numbers may be used subject to the approval of the Planning Commission and City Council. B. Lot address numbers shall be established and shown on an address plat by the subdivider. The Building Offieial City Planner shall review the address plat and inform the subdivider of any corrections of the address ranges. The subdivider shall make the corrections, if any, and shall submit with final plat three (3) copies of the final address plat. The City Planner shall be responsible for the coordination of addressing lots and changing the addresses of lots. 3.2.15 Intersections: Streets shall be designed to intersect at right angles or as near to right -angles as possible. Within subdivisions, three -way intersections are preferable to four -way intersections. Right -of -way comers at minor street intersections shall have a minimum radius of twenty (20) twenty -five (25) feet. Right -of -way comers involving a major street or highway shall have a minimum radius of forty (40) feet. 3.2.16 Street Layout: A. Local roads shall be curved whenever possible to avoid uniformity of lot appearance. All streets shall be arranged so as to obtain as many as possible of the building sites at, or above, the grades of the streets. Unless by reason of topographical_ uniqueness or hardship, a variance is approved by the Owasso Board of Adjustment, all building sites shall be situated above the grades of the streets. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided. Specific standards are contained in the design &tandaEds ef these regulatiens Owasso Engineering Design Criteria. B. All streets shall be properly integrated with the existing and proposed system of thoroughfares and dedicated right -of -way as already established. en-the �,ftjer- Stfeet and Highway Man. C. Minor or local streets shall be laid out to conform as much as possible to the topography, to discourage use by through traffic, to permit efficient drainage and utility systems and to require the minimum number of streets necessary jto provide convenient and safe access to property. 1191 D. The rigid rectangular grid street pattern should be avoided and the use of curvilinear streets, cul -de -sacs, or U- shaped streets shall be encouraged where such use will result in a more desirable layout. E. Unless maintained by a homeowners organization, islands in streets shall be avoided. 3.2.17 Right -of -Way Widths: Minimum right -of -way of all proposed streets shall be of the width specified in the Owasso Major Street and Highway Plan, or if no width is specified therein, the minimum width shall be as follows: Type of Street Minimum Right -of -way Width Highway As required by the standards of the Oklahoma Department of Transportation Seem Arterial 100 feet * Commercial or Industrial Collector 80 feet Residential Collector 60 feet ** Residential 50 feet Frontage or Service 40 feet Commercial Alley 30 feet Residential Alley 20 feet Cul -de -sac Radius 50 feet * Arterial Streets shall show an additional twenty -six (26) feet of right -of- way width for one hundred (100) feet in each direction from Arterial Street intersections to allow for right turn lanes. ** Collector Streets shall show an additional thirteen (13) feet of right -of- way width for one hundred (100) feet in each direction from Arterial Street intersections to allow for a center turn lane. 3.2.18 Paving Width: The minimum paving width for all streets shall conform to the Owasso Design Criteria. 14 3.2.19 Grades: The grades of streets shall conform to the requirements of the Owasso Design Criteria. 3.2.20 Street Alignments: The horizontal and vertical alignments of streets shall conform to the requirements of the Owasso Design Criteria. 3,3 ALLEYS 3.3,1 Commercial and Industrial Districts: Alleys may be required by the Planning Commission and City Council in commercial and industrial zoned districts to provide service access, off -street loading and unloading, parking and access for police and fire fighting services. Such alleys shall be not less than thirty (30) feet in width of right -of -way. 3.3.2 Residential: Alleys are eneeuraged b not required for residential zoned properties, and but when provided shall not be less than twenty (20) feet in width of right -of -way. 3.3.3 Alignment: Horizontal changes in alignment shall be gradual and at intersection corners shall have a radius of twenty (20) feet to permit safe vehicular tuming movements. 3.3.4 Dead -end Alleys: Dead end alleys shall be avoided where possible, but where unavoidable, shall be provided with an adequate vehicle turnaround at the terminus as determined by the City Engineer. 3.3.5 Obstructions: No obstructions shall be permitted in areas reserved for alleys. 3.4 SIDEWALKS Sidewalks shall be installed along both sides of all streets_ in all zoning categories except industrial. The design and location shall be in accordance with the Owasso Design Criteria. Where possible, Subdivisions sheeld shall include sidewalks located in such a manner that pedestrian access is provided to adjacent land. Subdivisions in RE Residential and AG Agricultural zoning districts are not required to have sidewalks if the development contains a pedestrian trail in a common area or reserve area connecting the development with adjacent properties. 3.5 EASEMENTS 3.5.1 General: In the dedication of easements and rights -of -way, the developer shall stipulate that no building, structure, or other above or below ground obstruction shall be placed, constructed, installed or permitted on such easement or rights -of -way shown in such a manner that will interfere with the installation, operation, maintenance, repairing, removing, or replacing of utilities. 15 _ 3.5.2 Width: Easements shall be of a minimum width of twenty -two (22) feet, eleven (11) feet on each rear lot Iine and along each side lot line, and seventeen and one -half (17.5) feet on the subdivision perimeter, or of a width as specified by the Technical Advisory Committee and City Engineer for poles, wires, conduits, drainage, sanitary sewer, gas, water, power, cable television and other utility lines. 3.5.3 Continuity: Utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not thereafter be changed without the approval of the City Council, by ordinance, after review and recommendation by the City Engineer. 3.5.4 Drainage Easements: Drainage easements for storm sewers are required. Open channels shall not be the primary drainage mechanism. These easements may be along the side lot lines, but usually the design should be such that the drainage will be carried in the street right of way. Additional right -of -way width may be required. All drainage easements shall be of a size to allow equipment access for construction and maintenance of the facility. 3.6 PUBLIC AREAS AND OPEN SPACES Public parks, playgrounds, school sites and other public areas and open spaces shall be provided in accordance with the requirements and standards set forth in the comprehensive plan and in the ordinances relating thereto. 3.6 LOTS 3.6.1 Access: Every lot shall abut a street dedicated to the public or a private street of an approved Planned Unit Development or other approved access (See Section 4.2.1 A.). 3.6.2 Double Frontage: Subdivisions should be designed so that lots do not front on two parallel streets except where a row of lots is designed to separate residential development from through traffic or overcome specific disadvantages of terrain and orientation (See Section 4.2.1 Q. 3.6.3 Zoning Code Requirements: Lot dimensions, yard sizes, building setback line dimensions, and lot areas shall conform to the minimum requirements of the Zoning Code. 3.6.4 _ Comer Lots: Lots at the intersections of streets should exceed minimum Zoning Code area requirements to provide adequate building areas and required building setbacks from intersecting streets. 3.6.5 Lot Depth: Excessive lot depth in relation to lot width is prohibited. The maximum lot depth shall not be greater than the quotient of the lot width divided by 0.45 j (45 %). In other words, the maximum lot depth = lot width / 0.45. FCC 3.6.6 Lot Lines: Side lot lines should be approximately at right angles to straight street lines or radial to curved street lines. 3.6.7 Parking and Loading: Commercial and Industrial lots should be of an appropriate size and shape to provide for adequate off -street parking and loading facilities. 3.7 BLOCKS The length, width and shape of blocks shall be suited for the planned use of land, consistent with Zoning Code requirements and the need for convenient access, control and safety of street traffic and the limitations of terrain. 3.7.1 Length: Blocks for residential use shall normally not exceed one thousand three hundred twenty (1320) feet in length. When such a block exceeds eight hundred (800) feet, the City of Owasso may require a dedicated easement not less than fifteen (15) feet in width and a paved crosswalk according to ANSI standards to provide pedestrian access across the block. 3.7.2 Width: Blocks for residential use shall have sufficient width to provide for two (2) tiers of lots of appropriate depth, except on the boundaries of a proposed subdivision or where it is important to separate residential development from other types of development or through traffic. Blocks intended for commercial, office or industrial uses should be of a width suitable for the intended use, with due allowance for off - street parking and loading facilities. Blocks for such uses should normally not exceed six hundred (600) feet in length. 3.8 BUILDING LINES AND ELEVATIONS 3.8.1 Zoning Code requirements: Building lines shall be provided for all subdivision plats in accordance with the requirements of the Zoning Code district in which the subdivision is located unless varied by the Board of Adjustment or superseded as specified by the Planned United Development text. 3.8.2 Zero Lot Lines: In areas of the subdivision where zero lot lines are permitted, appropriate provisions in plats and restrictive covenants may be permitted. 3.8.3 Restrictions on Plat: Restrictions requiring buildings to be located within the building lines shown on the plat shall be set forth on the plat or on a separate recorded instrument. 3.8_.4 Pad Elevations: Minimum building pad elevations shall be shown on each lot included in the final plat. 17 3.9.1 Prohibitions and Exceptions: Areas identified by the official flood plain maps of the City of Owasso which are subject to flooding hazards and periodic inundations, shall not be subdivided into lots, tracts or parcels for any use which would be incompatible with such flooding hazards unless: A. Improvements meeting the standards and requirements of the City Engineer are designed to render such land safe for residential or other uses, or B. The intended use of the land is permitted by city ordinances or permitted by Variance or Special Exception as outlined by city ordinance. 3.10 OIL AND GAS WELLS 3.10.1 Setback from Producing Wells: Where there is found to be a producing oil or gas well which is within the boundaries of a proposed subdivision, there shall be a building setback line so placed on the plat to prevent the erection construction of a building within one hundred fifty (150) feet of such well. 3.10.2 Setback from or Plugging of Abandoned Wells: Where there is found to be an abandoned oil or gas well which is not adequately plugged according to the standards established by the state law and the Oklahoma Corporation Commission, which well is within the boundaries of a proposed subdivision, said well shall be adequately plugged according to said standards and so certified by the Oklahoma Corporation Commission before the plat of such addition is given final approval. In lieu of plugging such wells, a building setback line shall be so placed on the plat to prevent the construction of a building within one hundred fifty (150) feet of such well. In any event, a certificate or clearance shall be obtained from the Oklahoma Corporation Commission as to the existence of any wells reflected in their records. 3.10.3 Access: Access shall be provided and so indicated on the face of the plat for all unplugged wells for the purpose of maintenance and rework. 3.11 HILLSIDE DEVELOPMENT The development of hillside areas or any area with a slope of greater than eight percent (8 %) shall be designed to minimize grading and filling and retain natural ground cover. Areas with slope in excess of twenty percent (20 %) shall be utilized as open space or developed in accordance with a Planned Unit Development as defined by the Zoning Code. 3.12 PLANNED UNIT DEVELOPMENT When a subdivision is developed as a Planned Unit Development in accordance with j applicable provisions of the Zoning Code, the Planning Commission and City Council may vary the requirements of these regulations in order to allow the subdivider more freedom in l the arrangement of the subdivision 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. 3.13 STORM WATER DRAINAGE AND DETENTION Every subdivision shall be provided with a storm water drainage system adequate to serve the area being platted. Such storm water drainage system shall be designed so that property located downstream from and upstream from the subdivision shall not be injuriously affected by the construction, operation, or maintenance of such system. Storm water detention and drainage systems shall be designed according to the Owasso Design Criteria. The covenants of each subdivision shall require that the subdivision's homeowners association be responsible for the maintenance of the stormwater drainage system and detention facilities. 3.14 HOMEOWNERS ASSOCIATIONS For every residential subdivision platted and developed in Owasso after the passage of these regulations, a homeowners association shall be created. Enforcement of the subdivision's covenants, and ownership and control over the subdivision's common areas shall be transferred to the homeowners association by the time that 85 % of the lots within the subdivision have received building permits. CHAPTER 4. SUBDIVISION CONSTRUCTION PROCEDURES 4.1 IMPROVEMENTS SHALL MEET ESTABLISHED STANDARDS All improvements shall be designed and installed in accordance with the Owasso Design Criteria established by the City Engineer and approved by the City Council. The City Engineer may establish special standards in excess of the Owasso Design Criteria which are generally applicable to safely accommodate unusual circumstances or the heavy commercial and industrial use of streets, utilities, water, sewer and other public improvements. IMPROVEMENTS REQUIRED 4.2.1 Street Improvements: The subdivider shall design, grade, oversee, test and otherwise improve all streets which are designated on the approved plat or which directly serve the subdivision in accordance with the Owasso Design Criteria as directed by the City Engineer. 4.2.2 Street Traffic Control Devices, Signs and Names: The subdivider shall provide at his expense, and install, all traffic control devices and signs required by the City prior to acceptance of the street by the City Council. Street name signs are to be furnished and installed by the subdivider at all intersections within or abutting the subdivision, the type of which shall be in accordance with the specifications of the Owasso Design Criteria S] i and locations approved by the Director of Public Works. Street names shall be approved by the Planning Commission and City Council. 4.2.3 Fire Hydrant Reflector Turtles: The subdivider shall provide at his expense, and install, blue reflective turtles identifying all fire hydrants. Said reflectors shall be located in the center of all residential streets wherever a fire hydrant is located. 4.2.4 Street Lights: The subdivider shall provide adequate street lighting in the subdivision to the specifications of the Owasso Design Criteria. 4.2.5 Monuments and Markers: The location of all permanent markers shall be shown on the face of the Final Plat. Permanent reference markers shall be placed according to the specifications of the Owasso Design Criteria. 4.2.6 Public Water Supply: Where an approved public water supply is reasonably accessible, the subdivider shall install water lines and fire hydrants to connect with such water supply and make it available for each lot within the subdivided area. The Final Plat shall not receive City Council approval until it is certified by the Health Department that there has been compliance with the regulations of the Oklahoma State Department of Health and where indicated, meets other jurisdictional governing bodies' requirements. 4.2.7 Stormwater Drainage and Detention Facilities: The subdivider shall provide a stormwater drainage system that is designed and constructed in accordance with the Owasso Design Criteria. 4.2.8 Rural Roadside Drainage Standards: A. Definition: Roadside ditches are engineered channels constructed along the sides of the roadway and located either wholly or partly within the streetright -of -way. The purpose of these ditches is to collect storm water runoff from the roadway and adjacent tributary areas and. convey the accumulated runoff to acceptable outlet points. B. Permitted Uses: Unless provided for by special exemption by the City Engineer, roadside - ditches are permissible only in subdivisions within RE residential and AG agricultural zoning districts. 20 C. Easements: Roadside ditches located within the street right -of -way do not require a drainage easement. Roadside ditches located otherwise shall have a dedicated drainage easement extending from the street right -of -way to two feet outside of the top of the outside bank (backslope) of the channel. D. Design Procedures: Design of roadside ditches should be based on a clear understanding of the generally recognized principles of open channel flow. Unless otherwise noted or excepted, the design of roadside ditches shall conform with the previous requirements of 0509 "Open Channels." The Engineer may require additional analysis or documentation before approving atypical or non - conforming designs. E. Design Goals: Roadside ditches shall: Accommodate the design runoff in a manner which assures the safety of motorists. Provide sufficient conveyance to prevent damage to adjacent properties. Drain subsurface water from the base of the roadway to prevent saturation and loss of support for the pavement. Minimize long -term maintenance requirements by including design features that minimize deterioration from velocity - induced scour, sediment deposition at low velocity and ponding at runoff. Mitigate erosion and other adverse environmental or aesthetic effects. F. Design Storm: Engineered channels shall be designed to completely contain the 1% return frequency (100 -year) storm within the boundaries of the drainage easement. Channels shall be stable, free from erosion damage and shall allow free drainage of the roadway base material during the 10% return frequency (10 -year) storm. 21 G. Design Capacity: The hydraulic capacity of the ditch should be such as to insure that the high water elevation at the 10 -year (10% return frequency) design flow will be below the bottom of the roadway base course. A pipe conveyance system shall be required when the design discharge exceeds the ditch capacity. H. Flow Velocity: The maximum velocity for the 100 -year flood peak flow shall not exceed 5.0 feet per second for Type I ditches and 6.0 feet per second for Type II and Type HI ditches. Type I and Type H ditches shall be designed with a maximum Froude Number of 0.8. Type III ditches shall be designed with a maximum Froude Number of 0.9. No grass lined or composite ditch or channel having a Froude Number of 1.0 or greater along any portion of its alignment will be approved. Minimum velocity in a channel having a Manning's roughness coefficient less than or equal to 0.015 shall be 2.5 feet per second to avoid excessive sedimentation. I. Typical Section: The shape of a roadside channel section should minimize vehicular impact and provide a traversable section for errant vehicles leaving the traveled way. The ideal channel section, from a safety standpoint, will have flattened side slopes and a curved, parabolic transition to the channel bottom. Ditch foreslopes for grass -lined ditches shall be designed with grades not to exceed 4 horizontal to 1 vertical. Ditch backslopes should be designed with the same grade; but may be approved up to 3 horizontal to 1 vertical depending on right -of -way or drainage easement constraints. For maintenance purposes, no grass -lined channel steeper than 3:1 will be approved. Channel slopes shall not exceed the angle of repose of the soil and/or lining. Side slopes for channel linings other than grass will be approved based on the physical and hydraulic properties of the material. No roadside channel having a sideslope steeper than 2.5 horizontal to 1 vertical will be approved, regardless of the lining material J. Horizontal Alignment/Mignment Changes: Channel alignment changes shall be achieved by curves having a minimum radius of: 22 R = V2 *W /8D where: R = Minimum radius on centerline in feet V = Design velocity (10 -year) of flow in feet per second W = Width of channel at water surface in feet D = Depth of flow in feet or three (3) times the maximum top width at the design flow (10 -year) depth, whichever is larger. The Engineer may require additional analysis at bends to determine the possible need for additional freeboard or protection from velocity induced erosion. K. Vertical Alignment/Longitudinal Slope: In many cases, the grade of the side ditch will follow the profile grade of the roadway. These template ditches are generally constrained not only in profile grade, but also in alignment and cross section by the geometric and safety standards applicable to the project. In addition, maximum and minimum allowable velocities will define the upper and lower bounds of the longitudinal slope. For special ditches whose slope differs from that of the profile grade, the Engineer may require a minimum slope of 0.2% to prevent ponding. Drop structures or ditch checks may be required to limit velocity where slopes exceed 2.5 %. Steeper longitudinal slopes may be allowed when the ditch is flowing partially full. Vertical profiles for roadside ditches shall be shown on the roadway drawings. Grades of special ditches shall be indicated adjacent to their profile. Velocities for the 10 -year and 100 -year design events shall be included in the design data. Hydraulic and Energy Gradelines shall be included in the design data. L. Freeboard: Freeboard is not required for roadside ditches that conform to the design capacity and section described in 0509.2 E and shown in the standard drawings. Additional freeboard may be required at the outside of horizontal bends based on velocity and superelevation considerations. 23 The designer shall exercise care that the 100 -year (I% return frequency) design flow will be no less than 2.0 feet below the finished floor of any adjacent dwelling or structure. M. Roughness Coefficient: The roughness coefficient, "n ", for use in Manning's equation for open channel flow, shall be based on the channel characteristics of each particular design. The table shown in 0509.1 C serves as a reference of possible values. Other values for specific characteristics may be considered if derived from reliable references. Manning's "n" for composite channels must reflect the relative surface area of the different materials. N. Invert: Ditch invert protection shall be used when design velocities exceed 5 feet per second. Ditch invert protection will be used at the upstream and downstream ends of all culverts. O. Lining: Linings for roadside ditches may be classified as either flexible or rigid. The difference between flexible and rigid channel linings is their response to changing channel shape. Flexible linings are able to conform to changes in the channel shape while rigid linings will not. Where flexible linings are capable of withstanding design velocities, they are preferred over rigid linings. Flexible linings are constructed of the following materials: i. Sod or seeded grasses H. Erosion control blankets iii. Turf reinforcement blankets iv. Machined rip -rap V. Wire- enclosed rock (gabions or mattresses) Rigid linings may consist of either cast -in -place concrete or grouted rip -rap. The use of rigid linings for roadside ditches is discouraged. 24 P. Erosion Control: The designer shall verify that both temporary and permanent vegetative linings are suited to the hydraulic conditions of the channel for which they are specified and are capable of resisting erosion until they are permanently established. Sod should be placed parallel to the direction of flow and should be secured in place with pins or staples. Seeded grasses should incorporate erosion control blankets to insure soil stability until permanent vegetation is established. Ditches subject to highly erosive flows may require the use of permanent turf reinforcement mats. The temporary erosion control plan during construction shall be sufficient to prevent sedimentation of drainageways, drainage structures and flood plain areas that could result in reduced flow capacity, excessive bank erosion, erosion around structures or damage to adjoining property. The permanent erosion control plan shall be sufficient to: • Permanently stabilize all disturbed areas with permanent vegetation, including slopes and embankments. • Prevent erosion from exit velocities at outlets of culverts • Prevent gullying and scouring of roadside ditches and open channels from excessive shear stress through vegetation, linings, retention blankets, drop structures, etc. both during and after the vegetation establishment period. • Protect the integrity of all structural improvements and prevent excessive continuing sedimentation from unstable right -of -way areas into drainage structures, channels and roadway ditches. Reference 0604.7 "Vegetative Best Management Practices" for additional information and criteria. Q. DRIVEWAY CROSSINGS Minimum Size: Driveway culverts shall be sized to pass the 10 -year (10% return frequency) ditch flow capacity without overtopping the driveway. The minimum size for driveway culverts shall be 18 inches in diameter for round pipe or an equivalent cross - sectional area for arch or elliptical shapes. Culverts shall be designed using inlet control. Construction Material: Construction materials listed in 0510.2 A are acceptable for driveway culvert construction. In addition, corrugated metal pipe (CGMP) conforming to ODOT 25 Standard Specifications for Highway Construction (1999 or latest edition) Section 726.02 (b)1 and 2 shall be acceptable. Driveway culverts constructed of High Density Polyethylene (HDPE) Pipe are acceptable only if the driveway is constructed of concrete of no less than 6 inches thickness. Minimum Cover: Driveway culverts shall be provided with the minimum cover recommended by the pipe structural design requirements or 1 foot, whichever is greater. Minimum Slope: A minimum slope shall be provided to maintain a minimum velocity of 2.5 feet per second through the culvert for the design flow. Culvert End Treatments: All driveway culverts shall be provided with end treatments on the upstream and downstream ends of the culvert to protect and maintain the integrity of the culvert opening. ODOT Standard Sloped Concrete End Treatments conforming to ODOT Standard Drawing R -80 (AE -DE) are acceptable. Other end sections must be submitted to the Engineer for approval. Design and Construction of Driveway Culverts: Additional information must be included in the drainage report and on the construction drawings for new subdivisions where the use of roadside ditches and driveway culverts is proposed. Driveway culverts shall be sized for each lot in the subdivision based on the tributary area at the downstream lot line. The construction drawings shall include information regarding sizes, materials, locations, lengths, grades and end treatments for all driveway culverts. Typical driveway crossing(culvert details shall be included in the drawings. Maintenance: Maintenance responsibilities for driveway culverts shall be included and explained in the subdivision covenants. 4.2.9 Sanitary Sewer System: A. Unless an exemption is granted in writing by the City Engineer, all lots platted within the Owasso city limits shall be provided with a connection to sanitary sewer. Y J approved rJ sewer is reasenably aeeessible, h let' '''d shall • provided it eF eetien -thefe e. All connections shall be subject to the approval of the City Engineer and be in accordance with the regulations of the Oklahoma State Department of Health. B. Where a public sanitary sewer system is not reasonably accessible but where plans for the installation of private sanitary sewers in the vicinity of the subdivision have been prepared and approved by the Oklahoma State Department of Health, the subdivider shall install sewers in conformity with such plans. Where inunediate eenneefien is not possible ead until sueh eetffieetien with the seweF systefa ean be faade, the use of pAvat 26 4.2. 10 Utilities: All utilities shall be installed within easements specified on the subdivision plat. 4.3 CONSTRUCTION PLANS The Subdivider shall submit six (6) sets (one marked set of which will be returned to the applicant) each of the Construction Plans for streets, drainage and detention, sanitary sewer and water systems, including off -site systems and erosion control. The Construction Plans shall show basic horizontal configurations, connections to existing utilities, sizes and locations of proposed lines, proposed street widths and horizontal curves, locations of storm sewers and detention facilities. Six (6) sets of prints of the proposed plans and specifications for all improvements required-by these regulations shall be- prepared by a qualified registered engineer and filed with the City Engineer. 4.4 CITY ENGINEER REVIEW Upon completing his review, the City Engineer shall submit his comments to the Subdivider. All comments suggesting revision shall be accompanied by a reference to appropriate sections of the Subdivision Regulations or Design Criteria. The City Engineer's comments shall be delivered to the Subdivider. The return to the Subdivider of the construction plans by the City Engineer, along with the City Engineer's comments, if any, shall constitute a permit for the construction of public improvements; provided, however, that construction prior to approval of the construction plans by the City Engineer and the Department of Environmental Quality shall be at the Subdivider's sole risk and the City shall not be liable for damage sustained by reason of the Subdivider's construction. 4.5 SUBMISSION AND APPROVAL OF CONSTRUCTION PLANS BY CITY ENGINEER Submission of construction plans to the City Engineer shall constitute an acknowledgment by the Subdivider that any construction undertaken prior to approval of said plans by the Department of Environmental Quality and the City Engineer shall solely be at the Subdivider's risk and that the City shall not be liable for damages sustained by reason of construction having taken place before approval of the plans by the State and the City Engineer. 4.6 SUBMISSION OF CONSTRUCTION PLANS TO DEPARTMENT OF ENVIRONMENTAL QUALITY Prior to City Council approval of the final plat, the developer shall furnish four (4) copies of all water and sewer plans for submittal to the Oklahoma Department of Environmental 27 Quality for approval, along with the Application for Permit to Construct the facilities, the Engineer's Report and the appropriate application fee for the Health Department review. 4.7 PRECONSTRUCTION CONFERENCE The subdivider shall be required to participate in a pre - construction meeting with the appropriate city staff. :�iK�]►1�`1w Y:dYI�I Y (�] � G) �'l1a w� /1(�j1�4_I_� YY I y.Y:\ i; I �7 �'iaT�i I ��1 Y I .` Following the approval of the Construction Plans, the subdivider shall complete in a manner satisfactory with the City Engineer all required improvements and said improvements shall be free and clear of all liens, claims, and encumbrances. 4.9 INSPECTIONS AND CERTIFICATIONS The City Engineer shall inspect the construction of the required improvements for defects. Upon completion of the improvements, the City Engineer shall file with the City Council a statement either certifying that the improvements have been completed in accordance with the Owasso Design Criteria or that the improvements are defective, listing the defects. 4.10 AS -BUILT CONSTRUCTION PLANS Upon completion of the improvements, the subdivider and his engineer shall file with the City Engineer one (1) mylar set and four (4) print sets of As -Built Construction Plans certified and signed by a registered engineer for said improvements. The Developer is encouraged to submit Computer -Aided Design (CAD) files of the As -Built Plans. These As -Built plans need to be submitted to the City Engineer within ninety (90) days of acceptance of all improvements by the City Council. The As -Built Construction Plans shall certify: A. That all required improvements are complete, B. That the subdivision improvements are in compliance with these regulations and the Owasso Design Criteria, C. That the subdivider Imows of no defects in the improvements, and D. That the subdivision improvements are free and clear of any encumbrance or lien. 4.11 ACCEPTANCE OF BVIPROVEMENTS The Owasso City Council shall formally accept, by resolution or ordinance, any or all improvements before such improvements become public property, provided that all statements and agreements specified above have been received and that As -Built construction plans have been submitted. The maintenance bond shall begin with the approval by the City Council and the approval of the As -Built plans shall not be construed to mean that the maintenance bond is void. No building construction shall be permitted on any lot to, or on which, improvements have not been completed in 0 accordance with the provisions of these regulations and no municipal utility service will be furnished to such lot. 4.12 MAINTENANCE BOND Prior to acceptance of those improvements by the City Council, the subdivider shall obtain a maintenance Surety for the maintenance of said improvements as provided herein. The Surety shall be in the form of a maintenance bond from a surety bonding company authorized to do business in the State of Oklahoma or an irrevocable letter of credit from a financial institution regulated by the State banking Department or the united States Treasury Department. The Surety shall be filed with the City Clerk and shall be payable to the City of Owasso. The amount of the Surety shall be equal to one hundred percent (100 %) of the entire cost of materials for all water lines, sewer lines, paving, and storm sewer improvements which the City shall accept for maintenance. The duration of the maintenance Surety for streets shall be two (2) years from the date of acceptance of said street improvements by the City Council. The duration of the maintenance Surety for all other improvements shall be one (1) year from the date of acceptance of said improvements by the City Council. CHAPTER 5. FEES 5.1 AREA PARK, RECREATIONAL, AND CULTURAL REQUIREMENTS All residential subdivision plats having a dwelling unit density of greater than one unit per acre shall dedicate, according to the requirements hereinafter specified, a fee to be utilized by the residents of the subdivision and the City of Owasso. 5. 1.1 Recreation Development Fee: In order to provide for area parks, cultural, and recreation needs for newly developing areas of Owasso, a Recreation Development Fee shall be assessed on each lot or multi - family unit created by subdivision, resubdivision or lot split. The Recreation Development Fee shall be assessed before the approval of the final plat by the City Council and shall be considered a condition for plat approval. 5.1.2 Definitions: For the purposes of this section, the following definitions are established: A. Residential Dwelling Unit: Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used or intended to be used for living, sleeping, and cooking by one or more individuals living together. B. Bedroom: Any room within a residential dwelling unit which is designed to be used for sleeping purposes and containing a closet of sufficient size to hold clothing. One living room with entry closet shall not be considered a Bedroom in each residential dwelling unit other than a studio or efficiency apartment. C. Person: Any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture club, society or individual. D. Mobile Home: A vehicle other than a motor vehicle, designed or used for residential 1 purposes, for carrying persons and property on its own structure, and for being drawn by a motor vehicle. 29 E. Mobile Home Lot: Any area or portion of a Mobile Home Park designated, designed or used for the occupancy of one mobile home or a temporary, semi- permanent or permanent basis. F. Mobile Home Park: Any area or tract of land established under the Mobile Home Park District of the Owasso Zoning Ordinance. 5.1.3 Fee Structure A. Fee Imposed: A $300 (or a sum approved by the City of Owasso after the adoption of these regulations) recreation development fee is hereby imposed on the privilege of constructing any residential dwelling unit or mobile home lot in the City of Owasso and every person to whom a permit to construct a residential dwelling unit is issued, shall pay to the City of Owasso such fee. .. . - - - - ME MW .. .. . WF . ... -..... .- - .... -. .- • . .... ... ... .. .. .. .. .- .... . ... ... .. Y. -. - . -. .... ... ....... .. . ... .... .. . - .. IaMed on the plans, but may iiielude as well any area in a dwelling hsIr.;Imse ef its size, leeation, fiaeI or relationship to Wier- areas of the dwelliRg up.4, is deemed divisible so as to ereate efle or mere addifiefial bedrooms. 5.1.4 Park 1 Recreational Capital 11 • - .. Y.- and established and - -. eapital All fees ftiftd. 1 -' -1 under this Ordinance be placed in the Parks I Recreation Capital II 30 B. Use of Funds 1. All Parks Development fees collected under this Ordinance shall be used and expended for the acquisition, purchase, developing, improving and equipping public parks, playgrounds, cultural and recreational facilities located in the corporate limits of the City of Owasso and shall never be used for operating public park facilities, or any other purpose. 2. All Parks Development fees collected under this Ordinance shall also be used for the development of any of the above described facilities constructed or installed within or upon public property owned by the City of Owasso or property in which the City has a leasehold interest or where the City is given a right to use the same for public playground or recreational purposes. All such funds shall be spent in areas reasonably close to where they are collected. C. Purchase of Land: At such time as the Council, based upon the recommendations of the Planning Commission, determines that there are sufficient funds achieved from a certain area in the Park and Recreation Capital Fund for the acquisition, purchase, developing, improving and equipping public parks, playgrounds, cultural and recreational facilities located in the corporate limits of the City of Owasso, the Council shall cause negotiations to be undertaken to purchase the site by mutual agreement or by condemnation proceedings. The principal and interest deposited and kept in the Park Capital Fund shall be used solely for the purposes of purchasing land for area parks, recreation and cultural uses. 5.1.5 Place of Payment: The residential development fee shall be paid at the time of purchase of the building permit in the office of the Building Inspection Department of the City of Owasso. 5.1.6 Refund of Fees: Any fee paid to the City under this Ordinance for any residential dwelling unit which is not constructed shall be refunded upon application of the applicant and a showing to the satisfaction of the Building Inspector that the building or unit has not been constructed or construction commenced and that the building permit issued for the building or unit has been canceled or surrendered or otherwise does not authorize the construction of the building or unit. 5.1.7 Exemptions: The fee imposed under this Article shall not apply to the following: A. Construction or reconstruction of a residential dwelling unit which was damaged or destroyed by fire, flood, or other cause over which the owner had no control (provided that compliance with any building code or other ordinance requirement of the City of Owasso or of any other applicable law shall not be deemed a cause over which the owner has no control), but only if the number of bedrooms in the dwelling unit is increased,then the fee imposed under this ordinance shall apply to such increased number of bedrooms. B. Enlargement, expansion, remodeling and/or alteration of a residential dwelling unit but only if the number of bedrooms therein is not increased. If the number of bedrooms in the dwelling unit is increased, then the fee imposed under this ordinance shall apply to such increased number of bedrooms. 5.1.8 Provision for the Dedication of Lands in Lieu of Fees: The City Council, at its sole option, may accept the dedication or reservation of suitable sites for area parks, playgrounds, cultural facility or other public recreational area providing that the land to 31 be dedicated is located within an area designated by the Comprehensive Plan, as having a significant need for an area park. A. Land accepted for dedication under the requirements of these regulations shall be conveyed by either of the following methods: 1. By dedication within the plat to be filed for record in the office of the County Clerk. 2. By Warranty Deed transferring the property in fee simple to the City of Owasso. In any event, land must be free and clear of any mortgages or liens at the time of such dedication or conveyance. B. The value of real estate dedicated for recreation or cultural purposes shall be determined as the price of the land at the time of purchase by the land owner who is making application for subdivision. Usability of land for development should be considered when establishing the price (for example, development of flood prone land is restricted by ordinance). C. If agreement cannot be reached as to the credit for the real estate, an arbitration procedure shall be invoked. The City and the applicant shall each select the name of one arbitrator and shall immediately thereafter notify each other in writing of the name and address of the person so selected. The two arbitrators so selected and named shall agree upon and select a third arbitrator. The decision of the arbitration panel shall be final. 5.1.9 Private Recreation Facilities Credit: When a master plan of development allocates space for a private recreational facility, with usage not open to the general public, to serve three or more residential dwelling units such as, but not limited to, the following: swimming pool, tennis court, recreational building or center, recreational facility area, developed open space, or combination of any of the above, the Council may waive part or all of the fee established by this Article. The size, quality and design of such facility which will entitle such dwelling units to a credit on the fee otherwise required, and the amount of such credit shall be determined by negotiation between the parties. If agreement cannot be reached, an arbitration procedure, specified in Section 4.11.8.C, shall be invoked. 5.1.10 Residential Planned Unit Development Credit: The City Council, in the case of a Residential Planned Unit Development, may waive part or all of the fee established in this Article. Such waiver may be granted when, in the opinion of the Council, common areas, created and developed in a Residential Planned Unit Development pursuant to Chapter 8 of the zoning Code; Article 11, Section 8; and Article V, Section 11 of these regulations provide recreation opportunity for the residents of said areas sufficient to impose no measurable increment in the need for neighborhood park acreage. 5.1.11 Public Recreational Facilities Credit: When a master plan of development allocates space for a public recreational facility, with said facility constructed either solely at that person's expense or in concert with others, and said facility serves the general public, to serve three or more residential dwelling units, such as, but not limited to, the following: swimming pool, tennis court, recreational building or center, recreational facility area, area park, cultural facility, or combination of any of the above, the City Council may waive part or all of the fee established in this Article if it is in conformance with the recreation portion of the Comprehensive Plan. 32 5.1.12 Maintenance of Private Recreation Facilities: Maintenance of private recreation facilities accepted by the City in lieu of recreation fees will be the responsibility of the owner(s) or homeowners association(s). The City of Owasso will not maintain lands or facilities not dedicated to the public. 5.2 EMERGENCY SIREN FEE In order to provide adequate warning of severe weather for newly developing areas of Owasso, an emergency siren fee shall be assessed on each acre of a newly created subdivision. The emergency siren fee shall be assessed before the approval of the final plat by the City Council and shall be considered a condition for plat approval. 5.2.1 Fees A. Fee Imposed: An emergency siren fee is hereby imposed on the privilege of subdividing any land within the City of Owasso and every person subdividing land within the City of Owasso, shall pay to the City of Owasso such fee at the following rate: B. Fee Schedule: Thirty -five ($35), unless a different amount is required by the City of Owasso after the adoption of these regulations, per each acre subdivided. C. Use of Funds: All fees collected under this Ordinance shall be used and expended for the acquisition and/or purchase of emergency sirens only. 5.2.2 Place of Payment: The emergency siren fee shall be paid prior to recording the subdivision plat. Said fee shall be paid in the Office of the City Planner. 5.2.3 Refund of Fees: Any fee paid to the City under this Ordinance for any subdivision which is not recorded shall be refunded upon application of the applicant. Application for refund must be received by the City Planner within two (2) years of the date of City Council approval. 5.3 SANITARY SEWER PAYBACK FEES In order to provide reimbursement to the City of Owasso for the cost of extending sanitary sewer lines to drainage basins in various parts of the community, sanitary sewer payback fees shall be assessed on a per acre basis to new residential and commercial subdivisions that connect to municipally- funded sanitary sewer mains. These various sanitary sewer payback fees shall be payable upon approval of the final plat. CHAPTER 6. CHANGE OF LIMITS OF ACCESS 6.1 INTENTIONS When land has been platted under this Regulation, or under other applicable law, and the owner of all land affected proposes to add limits of no access to the plat, or to remove or otherwise alter limits of no access on the plat, such action shall not require replatting, nor shall it require vacation of the old plat. *1 6.2 APPLICATION The owner shall request submit the change of limits of access in writing applieatiea to the City Planner en fefms provided by the P1 , pay the application fee and shall submit drawings of the proposal. The Technical Advisory Committee shall review the proposed change of access and evaluate whether the proposed changes would increase problems with the public traffic flow, utility easements and the implementation of various plans adopted by the City, or would create problems with the flow of traffic on private streets owned by persons other than the applicant. The Community Development Department shall review the proposed change of access and either approve, approve with conditions or disapprove. City E-agiaeei-:. 6.2.2 Specifications: The drawing shall include the proposed changes and all existing curb cuts, buildings, drives, parking areas, easements, and other relevant items with their distances from lot lines and adjacent streets. PXdMRTN _ _ ... _. .._ i _ • .. .. ..... .. _ _ ... _ . _ • .. .. .. _ _. .. Y. _ . Y_ ........ .. . • .. _ .. _. 11 1 -- _ . Y.. _ _ .. _ _. _. ........ . 34 CHAPTER 7. LOT SPLITS 7.1 INTENTIONS AND DEFINITION This chapter is intended to provide for a simplified method of regulation of the subdivision of small numbers of lots while still requiring that such subdivision meets all the requirements of applicable ordinances and regulations. A lot split is a minor subdivision of previously subdivided land. The Planning Commission may approve a lot split that creates not more than three (3) lots fronting on an existing, dedicated street, not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Zoning Ordinance (unless approved by the Board of Adjustment) or these regulations. 7.2 APPLICATION PROCEDURE The subdivider shall submit the lot split application to the City Planner on forms provided by the Planner, pay the application fee in an amount as provided by ordinance, and shall submit drawings of the proposal in accordance with the following requirements: 7.2.1 Copies: Unless instructed otherwise by the City Planner, one AutoCAD electronic copy and three copies of a scaled drawing shall accompany the application. 7.2.2 Specifications: The drawings shall include all existing and proposed lot lines, all existing easements, all existing buildings and improvements and their distances from lot lines, adjacent streets and their widths, and a north arrow and scale. At the discretion of the Planning Commission, a detailed survey prepared by a registered land surveyor may be required. 7.2.3 Size. The subdivider is encouraged to limit drawing sizes to 8'/2" by 14 ". If drawings are larger than 8' /i' by 14 ", twenty -three (23) copies are required. 7.3 CITY PLANNER REVIEW 7.3.1 Distribute: The City Planner shall distribute copies of the application form and drawings to the Technical Advisory Committee (TAC) and Planning Commission. 7.3.2 Field Check: The City Planner shall visually inspect the lots proposed to be split. 7.3.3 Review: The City Planner shall review the application for conformance with the Zoning Code, PUD conditions, Board of Adjustment actions, these Subdivision Regulations, and other city ordinances. 7.3.4 Schedule Hearings: The City Planner shall schedule the lot split to be heard before the Technical Advisory Committee (TAC) and the Planning Commission. 7.3.5 Recommendation: The City Planner shall prepare a recommendation to the Planning Commission which shall include comments of the Technical Advisory Committee (TAC) members and City departments having an interest in the proposal. 35 1' E�M�C N:hI[�7_ \I/ \�]� /GYrt]:aYK�lvl+/ uII�MYJ�� 74►i/I�] +� The City Planner shall present the application at a regular Technical Advisory Committee meeting where the lot split may be reviewed by the Committee. The recommendation of the Technical Advisory Committee shall be compiled with that of the City Planner's recommendation and the application shall be heard by the Planning Commission. 7.5 PLANNING COMMISSION REVIEW The Planning Commission shall review the proposed lot split and either approve, approve with conditions or disapprove the application. If the lot split is disapproved, the applicant may appeal the decision of the Planning Commission to the City Council. 7.6 APPROVAL GUIDELINES The approval or disapproval of lot splits shall be based upon the following guidelines: 7.6.1 Lots: A. Lot dimensions shall conform to Zoning Code standards. If the proposed tract(s) to be split do(es) not meet minimum Zoning Code standards, variances of the Zoning Code must be approved by the Board of Adjustment. B. Comer lots should have such extra width and area as may be necessary to satisfy appropriate Zoning Code setback requirements from both streets while ensuring that adequate buildable space remains. 7.6.2 Access and Streets: A. Where a property to be split is controlled by non- access provisions, no lot shall be approved where such provision will preclude access for said lot. An amendment of "limits of no access" on a recorded plat must be approved by the Planning Commission and City Council and filed of record if there is a restricted access provision on a street of the recorded plat on which the property has access. A denial of access change constitutes a denial of the requested lot split. B. The splitting of land shall provide each lot with frontage to a public street or highway, so that the access of the lot owner or user is assured, as well as the layout of utilities, garbage and waste removal, fire protection and public health and safety thereby adequately assured. C. Where land to be split contains within its boundaries areas designated for street right - of -way on the Owasso Major Street and Highway Plan, the split shall not be approved where street rights -of -way fail to conform to said plan except upon a finding that existing structures lie in the right -of -way proposed by the Owasso Major Street and Highway Plan. 7:6.3 Sewage Disposal. Where a tract to be split abuts a public sanitary sewer, no split should create a lot which is cut off from said sewer. iml pr-eval of the City Engineer- is b 7.6.4 Certificate of Approval: Approval shall be shown by certificate on the instrument of transfer as required by state statute. The certification shall be signed by the Planning 36 Commission Chairperson or Vice Chairperson. The subdivider will then file the instrument with the County Clerk, the approval being an official document that will be contained in the abstract of the property being split. CHAPTER 8. BUILDING PERMITS 8.1 INTENTIONS Building permits shall be issuable after completion of the following items: A. Final Plat Recorded. The final plat shall have been approved by the City Council, certified, recorded with the appropriate county clerk, and certified originals returned to the City Planner as provided herein. B. City Engineer Approval. The City Engineer shall have approved the construction plans for water, sanitary sewer, storm sewer and streets. C. Health Department Approval. The Oklahoma Department of Health shall have issued certification numbers for the water and sanitary sewer plans. D. Water and Sanitary Sewer. The water and sanitary sewer utilities shall have been constructed per approval plans, inspected by the City Engineer and accepted for maintenance by the City Council or another political subdivision having jurisdiction over said utilities. Further, the Subdivider shall have delivered a one year maintenance bond to the Public Works Director as required herein. Upon acceptance of water and sanitary sewer utilities, up to 10% of the lots in a residential subdivision may be made eligible for building permits. E. Streets and Storm Sewer. Construction plans shall have been approved by the City Engineer and either: (1) the street and storm sewer improvements have been accepted for maintenance by the City Council and a two year maintenance bond delivered to the Public Works Director; or (2) the subdivider has delivered to the Public Works Director a two -year performance bond or other surity for these improvements. CHAPTER 9. DEFINITIONS AND USAGE 9.1 USAGE For the purpose of these Regulations, certain terms and words are to be used and interpreted as defined in this Chapter. Where terms are not defined, they shall have their ordinarily accepted meanings or such as the context may imply. 9.1.1 Tense, Plural and Directives: Words used in the present tense shall include the future tense, words in the singular number shall include the plural and words in the plural number shall include the singular, except where the natural construction of the writing indicates otherwise. The word "should" is directory and not mandatory. The word "shall" is mandatory and directory. 9.1.2 Person, Herein and Regulations: A "person" includes an individual, corporation, partnership and an incorporated association of persons such as a club. The word "herein" 37 means in these regulations. The word 'regulations" means these Subdivision Regulations for the City of Owasso, Oklahoma. 9.2 WORDS AND TERMS DEFINED ALLEY: A minor public or private right -of -way which gives a secondary means of access to the rear or side of a property that has primary access to some other street. Alleys may be used for public or private utilities, and public service, emergency or private vehicles. ARTERIAL STREET: See STREET, ARTERIAL in this section. AS -BUILT CONSTRUCTION PLANS: Those subdivision construction plans of completed paving, drainage, water, sewer or other public improvements. BLOCK: A grouping of subdivided lots intended for urban purposes, bounded by streets or by a combination of streets and public parks, cemeteries, railroad right -of -way, shorelines, waterways, or municipal boundaries. BOARD OF ADJUSTMENT: The Board of Adjustment of the City of Owasso established in accordance with state law by city ordinance. BOND: A type of security or collateral posted by the subdivider and approved by the City Attorney which guarantees that all required improvements shall be maintained according to the approved plans and requirements of Owasso Design Criteria and these Subdivision Regulations. BUILDING: A structure which is permanently affixed to the land, has one or more floors and a roof, and is bounded by either another building with a common party wall, open air, or the lot lines of a lot. BUILDING PERMIT: A Permit required by the City of Owasso before any building construction is commenced. BUILDING SETBACK LINE: The horizontal distance from the point of measurement, such as the centerline of an abutting street or the boundary line of an abutting zoning district, to the nearest building wall. CITY: The City of Owasso, Oklahoma. CITY COUNCIL: The governing and legislative body of the City of Owasso, Oklahoma. CITY (OFFICER): The word "City' followed by the name of any officer means any officer or designee to such officer employed by the City of Owasso to fulfill any of the duties of the office named. See -94M P GOLLEGTIOR in this seefien. CONSTRUCTION PLAN: The maps or drawings prepared by a registered professional engineer accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the Owasso Design Criteria and requirements of the City Engineer, Planning Commission and City Council as a condition of the approval of the plat. COUNTY: The County of Tulsa or the County of Rogers, Oklahoma. 0 COUNTY CLERK: The office of the clerk for Tulsa County or Rogers County, Oklahoma. COVENANTS: Agreements binding the owners of the lots of a subdivision as shown on the face of a recorded subdivision plat. DEDICATE: To set apart a portion of the area of a subdivision to a specific use(s) or to the public or to a specific group. DETENTION: The act of detaining stormwater as outlined in the Owasso Design Criteria. DEED OF DEDICATION: That portion of a plat that dedicates an area of a subdivision. DESIGN CRITERIA: Engineering standards used in the design and construction of subdivision improvements. DEVELOPER: The owner of land proposed to be subdivided or a designee. DEVELOPMENT: A tract of land which is subdivided and provided with all necessary utilities and public improvements. DISTRICT COURT: The District Court of Tulsa County, Oklahoma or Rogers County, Oklahoma. DOUBLE FRONTAGE: A situation in which a lot has access on two streets that do not intersect. EASEMENT: Authorization by a property owner for the use by another, and for a specific purpose, of any designated part of his property. FWAL PLAT: See PLAT, FWAI= in this . FLOOD PLAIN: The area of land adjoining the channel of a river, stream or other similar body of water which may be inundated by a flood that can be reasonably expected to occur. The flood plain includes all lands within the limits of the 100 -year flood plain as defined by the Federal Emergency Management Agency. FRONTAGE: That side of a lot abutting on a street or way to which access is available for the lot. HEALTH DEPARTMENT: The Tulsa County Oklahoma or Rogers County, Oklahoma agency empowered by the Oklahoma State Department of Health to enforce health laws. IMPROVEMENTS: Grading, streets, sidewalks, crosswalks, culverts, bridges, water lines, sanitary sewer lines, force mains and lift stations, storm sewer lines, other utilities, and other features required to support the development. RVIPROVEMENTS, OFF -SITE: A utility, structure, or modification of topography located outside the property to be subdivided. IMPROVEMENTS, PUBLIC: Any street, sidewalk, utility line, drainage way or other facility for which the city may ultimately assume the responsibility for maintenance and operation. IMPROVEMENTS, REQUIRED: Any improvement required by the Planning -� Commission and City Council as a condition of approval of a subdivision plat. M2 LOCAL STREET: See STREET, MINOR (LOCAL) in this section. LOT: A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development. LOT AREA: The total area measured on a horizontal plane, included within the lot boundaries. LOT DEPTH: The mean horizontal distance between the front and rear lot lines. LOT SPLIT: A lot split is a minor subdivision of previously subdivided land. The Planning Commission may approve a lot split that creates not more than three (3) lots fronting on an existing, dedicated street, not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Major Street and Highway Plan, Zoning Ordinance (unless approved by the Board of Adjustment) or these regulations. . F addifiefts adopted by the City Gei-mneah MAYOR: The Chief elected official of the City of Owasso, Oklahoma. NUNOR STREET: See STREET, �,GNOR "CAL) in this . OPEN SPACE, PUBLIC: Land which may be dedicated to or reserved for acquisition for general use by the public, including parks, recreation areas, school sites, community and public building sites, and other similar lands. This specifically does not include floodway drainage courses, public lakes and ponds or any area within the fully urbanized flood plain, but may include other areas in the 100 year full urbanized flood plain. OFF -SITE IMPROVEMENTS: See IMPROVEMENTS, OFF -SITE in this section. OWNER: A person or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations. PERMIT TO CONSTRUCT: A Permit required by the City of Owasso, Oklahoma before any subdivision improvement construction is commenced. PLANNED UNIT DEVELOPMENT (PUD): A discretionary type of development for a tract of land under single ownership or control, based upon an approved development plan permitting flexibility of principal land uses, lot sizes and accessory uses not otherwise available under conventional development standards. PLANNING COMMISSION: The Owasso Planning Commission as established in accordance with state law by city ordinance. PLAT, FINAL: The final map or record of a subdivision and any accompanying material, as described in these regulations, based on a Preliminary Plat with revisions, if any, to be submitted to the Planning Commission and City Council for approval, denial, or approval with conditions. M PLAT, PRELIMINARY: The drawing or drawings described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for approval. . PRE -PLAT CONFERENCE: A meeting between the Subdivider and the City Planner to discuss the procedure for approval of a subdivision plat, provisions of the Zoning Code, requirements as to general layout of streets, reservations of land, street improvements, drainage, sewerage, fire protection, availability of existing services and utilities and similar matters. PRE - CONSTRUCTION CONFERENCE: A meeting among the developer, the subdivider or designee, contractors and the city staff prior to improvements construction. seefien. REGISTERED ENGINEER: An engineer properly registered and licensed in the State of Oklahoma. REGISTERED LAND SURVEYOR: A land surveyor properly registered and licensed in the State of Oklahoma. IMPROVENffiNTS in this seetiefl. REVERSE FRONTAGE: That side of a lot abutting on a street or way which no access is available for the lot. See FRONTAGE and DOUBLE FRONTAGE in this section. RIGHT -OF -WAY: A parcel of land, usually a strip, occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water line, sanitary or storm sewer facility, or for any other public use. The use of the term right -of -way for land platting purposes in connection with these regulations shall mean that every right -of -way hereafter established and shown on a final plat is to be separate and distinct from the lots and parcels adjoining such right -of -way and not included within the dimensions or areas of such lots or parcels. Rights -of -way intended for any use involving maintenance by a public agency shall be dedicated to public use by the owner of the land which is being subdivided. iris seetion.. SEPARATE INSTRUMENT: A document that dedicates land or accomplishes some other task and is filed of record separately from the original subdivision plat documents. SETBACK: The distance between a building and the nearest street right -of -way line or property line. Also see BUILDING SETBACK LINE in this section. STREET: A public or private right -of -way which affords the primary means of access to abutting property or serves as a thoroughfare for vehicular traffic, or both, but excluding alleys. 41 STREET, ARTERIAL: A thoroughfare Plan which carries a significant portion of the interurban vehicle traffic at moderate speeds with some traffic stops. Also see STRE�, PR CkR-YARTE4UAbaF1E1 STREET, COLLECTOR: A street intended to move traffic from minor to arterial streets, including the principal entrance and circulation street or streets of a development. STREET, CUL -DE -SAC: A minor street with only one outlet and having a terminal for the safe and convenient reversal of traffic movement including all emergency and service vehicles. STREET, MAJOR: Highways, arterial and collector streets. STREET, MINOR (LOCAL): A trafficway of limited length that is not classified as a Major Street or highway, providing direct access to abutting tracts of land and access to more heavily traveled streets. &*eughfare designated Ifighway e a y e rate of speed STREET, ornnl mAnv ARTERIAL. A t1...........1.Fme designated an the 11.f_._.. &F and Highway Dl.. ..,1,:..1, a ....:F:,. nt . of fi F h b hi 1 FC bAt ha*ing tmffie step.' STREET, SERVICE ROAD: A minor street which is parallel and adjacent to major streets, trafficways, highways or railroad rights -of -way and which provides access to abutting properties and protection from through traffic. SUBDIVIDER: A person undertaking the subdivision or resubdivision of a lot, tract or parcel of land into two or more lots, or other subdivision of land for the purpose of transfer of ownership or development, whether immediate or future, including all changes in lot lines. SUBDIVISION: Any division of land into four (4) more lots, tracts or parcels for the purpose of transfer of ownership or development, whether immediate or future, or any resubdivision of land. TECHNICAL ADVISORY COMMITTEE (T.A.C.): A committee composed of public officials and utility company representatives to review and study all plats and minor subdivision proposals and make recommendations concerning those subdivisions to the Planning Commission. ZONING CODE: A city ordinance regulating land use in the city. 42