HomeMy WebLinkAbout480_Part 12 Ch 3_ Subdivision Regulations & Design CriteriaTULSA COUNTS/ CLERK - 7OAN HASTINGS RCPT 87241 04107195 17:37:03
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CITY OF OWASSO, OKLAHOMA
ORDINANCE NUMBER 480
AN ORDINANCE RELATING TO PART 12, PLANNING,
ZONING AND DEVELOPMENT, CHAPTER 3, SUBDIVISION
REGULATIONS, SECTION 12 -301 SUBDIVISION
REGULATIONS ADOPTED, OF THE CODE OF ORDINANCES
OF THE CITY OF OWASSO, OKLAHOMA, REPEALING
SAME AND IN LIEU THEREOF ADOPTING NEW
SUBDIVISION REGULATION PROVISIONS DECLARING AN
WHEREAS, under the provisions of 11 O.S. Section 43 -101, the
City of Owasso, Oklahoma, for the purpose of promoting health,
safety, morals, or the general welfare of the community may
regulate and restrict, the height, number of stories and size of
buildings and other structures, the percentage of lot that may be
occupied, the size of yards, courts and other open spaces, the
density of population and the location and use of buildings,
structures and land for trade, industry, residence or other
purposes; and,
WHEREAS, the Planning Commission and the City Council of the
City of Owasso, Oklahoma, have in accordance with law held public
hearings on proposed Subdivision Regulations and as a result of
such public hearings it has been determined that the proposed
Subdivision Regulations would promote the health, safety, morals
and general welfare of the inhabitants of the City of Owasso,
Oklahoma.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF OWASSO, OKLAHOMA, THAT:
Section One: Part 12, Planning, Zoning and Development,
Chapter 3, Subdivision Regulations, Section 12 -301 Subdivision
Regulations Adopted, of the Code of Ordinances of the City of
Owasso, Oklahoma, wherein the subdivision regulations were adopted
pursuant to Ordinance Number 310, dated September 1, 1981, as well
as all amendments thereto, be and same hereby are expressly
repealed.
Section Two: There is hereby adopted and incorporated by
reference as Part 12, Planning, Zoning and Development, Chapter 3,
Subdivision Regulations, Section 12 -301 Subdivision Regulations
Criteria which shall provide as follows:
Subdivision Regulations
Chapter 1. General Provisions
Chapter 2. Subdivision Plat Procedures
Chapter 3. Subdivision Design Standards
Chapter 4. Subdivision Construction Procedures
Chapter 5. Fees
Chapter 6. Change of Limits of Access
Chapter 7. Lot Splits
Chapter 8. Building Permits
Chapter 9. Definitions and Usage
At least three (3) copies of each Subdivision Regulation shall be
on file with the City Clerk. The violation of any of the foregoing
shall be considered an offense and punished in accordance with the
provisions of 1 -108 of this Code.
Section Three: By reason of the fact the proposed Subdivision
Regulations would promote the health, safety, morals and general
welfare of the inhabitants of the City of Owasso, Oklahoma, an
emergency is hereby declared to exist whereby the provisions of
this ordinance shall take effect immediately upon passage and first
publication, as provided by law.
PASSED AND APPROVED this 18th day of October, 1994, with the
Emergency Clause approved separately.
CITY OF OWASSO, OKLAHOMA
By: Jerry Duke, Mayor
ATTEST: Marcia Boutwell, City Clerk
APPROVED AS TO FORM: Ronald D Cates, City Attorney
Affidavit Of PubficatI011
STATE OF 01MAHOMA, TULSA COUNTY, ss:
Bill 11. Retherford, of lawful age, being duly sworn
arid authorized, says that he is the publisher of the
Published In the Owasso Reporter,
OWASSO REPORTER a weekly
Owasso, Tulsa County, Okla-
homa,October 27,1994
printed in the city of OWASSO
OWASSO, OKLAHOMA
hilsa County, Oklahoma, a newspaper qualified to
ORDINANCE NUMBER 430
AN ORDINANCE RELATING
publish legal notices, advertisements and publications
TO 12, PART
ING AND DEVELPLANNINGOPMENT,
CHAPTER 3, SUBDIVISION REG-
as provided in Section 106 of Title 25, Oklahoma
ULATOONS, SECTION 12-301
SUBDIVISION REGULATIONS
1) ADOPTED, OF THE CODE OF
Statutes 1971 and 1983 as aniended, and thereafter,
ORDINANCES OF THE CITY OF
OWASSO, OKLAHOMA,
REPEALING SAME AND IN LIEU
It and complies with all other requirements of the laws
THEREOF ADOPTING NEW SUB-
DIVISION REGULATION PROVI-
Of Oklahoma with reference to legal publications.
SIONS DECLARING AN EMER-
GENCY
flint said notice, a true copy of which is attached
PASSED AND APPROVED this
18th day of October, 1994,wfth the
Emergency Clause approved sep-
hereto, was published in the regular edition of said
arately.
CITY OF OWASSO,
newspaper during the period and time of publication
OKLAHOMA
By: Jerry Duke
Jerry Duke, Mayor
and not ill a supplement, on the following dates:
SEAL
OCTOBER 27 Ing 4
ATTEST.,
/s/Marcla Boutwell
Marcia Boutwefl, City Clerk
APPROVED AS TO FORM:
Subscrib6d and sworn to before me this 27th
/sfRonald D Cates
Ronald D Cates, City Attorney
day of October 1994
Notary Public
My, Commission expires: March 20, 1997
PUBLISHER'S FEE $15.10
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM TIMOTHY D. ROONEY
INTERIM COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: OWASSO SUBDIVISION REGULATIONS
DATE: October 12, 1994
BACKGROUND:
Between 1989 and 1992, the Owasso Planning Commission reviewed each chapter and each
exhibit of the current subdivision regulations, including a very generalized deisgn criteria
document. Based upon this review and concerns raised by council members, citizens, and staff,
it was determined that these documents were not sufficient to properly address the development
concerns of the community.
OWASSO SUBDIVISION REGULATION REVIEW COMMITTEE - A subdivision regulation
review committee was established in October of 1992 which consisted of Tim Rooney, City
Planner; Richard Hall, former City Planner; Rohn Munn, Engineering Techinician: John
McElhenney, INCOG Engineer; Irving Frank, INCOG Planner; Mike Augustine, former City
Planner and Public Works director; and Steve Compton, Assistant City Manager for Community
Development. This committee rewrote the subdivision regulations and prepared a preliminary
draft document for review by the Planning Commission. this preliminary draft document was
reviewed by the Planning commission at three separate public hearings (February 18, March
18, and April 15, 1993). At the April 15, 1993 meeting, a final draft document was approved
by the Planning commission for submission to the public and development community for input.
Letters were then sent to over 50 different developers, builders, and engineers who have a
history of developing or building in Owasso informing them that copies of the proposed
subdivision regulations were available for their review. Fourteen responses were received
resulting in three changes being made to teh final draft. The final draft was approved by the
Planning Commision on September 16, 1993 (see attached memorandum dated 9-9-93).
Since the Planning Commission's last approval in September of 1993, staff along with several
members of the development community have been fine tuning the Subdivision Regulations and
reviewing the processes and procedures laid out within them. In September of 1994, after
several review meetings, a final document and its contents were agreed upon.
On October 11, 1994, the Owasso Planning Commission reviewed the proposed subdivision
regulations (the fifth time reviewed by that Commission) and voiced no concerns regarding the
proposed regulations as submitted.
Please note that the proposed subdivision regulations do not include the design criteria document.
The design criteria, a document which specifies the standards at which subdivision improvements
are to be installed, has also been reviewed by the Planning Commission and is in a similar fine
tuning stage. When the Owasso Design Criteria is adopted, the Owasso subdivision regulations
and the owasso design critia will be the two most important development documents in
owasso and will provide both direction and standards for all future development.
A copy of the final draft of the Subdivision Regulations was forwarded to you in the October
4, 1994 council packet and there have been no changes since that time. If you need an
additional copy, please do not hesitate to contact me.
RECOMMENDATION:
Staff feels that the subdivision regulations are an excellent product of extensive review by staff
and the development community and have had ample opportunity for imput from the public.
Staff is recommending City Council approval of Ordinance No. 480 which would formally adopt
the new subdivision regulations.
ATTACHMENTS:
1. 9-9-93 memorandum from Mr. Rooney.
2. 1-6-94 memorandum from Mr. Rooney.
3. Ordinance No. 480.
ENCLOSURES:
1. Final Draft of the Owasso Subdivision Regulations.
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: RODNEY J RAY
CITY MANAGEIN
SUBJECT: REQUEST FOR EMERGENCY CLAUSE TO BE ATTACHED TO
ORDINANCE #480
DATE: October 14, 1994
Oklahoma state law provides for municipal ordinances to become effective thirty days after their
passage and publication in a newspaper of general local circulation. The law, however, provides
for an exception in cases wherein the delay of an ordinance's effective date would have a
negative financial impact, or would result in unnecessary cost to the City, or have an otherwise
substantial effect adverse on the public health and welfare. In those cases, the statutes allow the
municipal governing body to "attach" an "emergency clause" to the ordinance.
The attachment of an emergency clause allows the ordinance to become effective immediately
upon publication of the ordinance. The ordinance can then be fully enforced by the appropriate
officials.
As a matter of practice, the City of Owasso does not use emergency clauses very often. It has
been the practice to reserve the use of the emergency clause to those situations that truly need
immediate actions. While many cities, and most state legislatures, have begun to use the
emergency clause on routine ordinances and legislation, it has been the consensus that its use
in our City should be reserved for its original purpose, and emergency.
Ordinance #480 has been under development for two years. Its product is the adoption of new
regulations governing the process of governing of subdividing land within the City's limits. The
new rules and regulations contain several changes in that process that will more effectively
protect the public's interest. In some cases, there are requirements that, if not immediately
enforced, will result in future cost to the taxpayers. Additionally, there are new provisions that
-extend the protection of the public's interest through bonding requirements, permits, etc for a
longer period of time, thus promoting the financial interest of the City by avoiding future costs
to the taxpayer. Since there are several subdivisions being planned, the staff believes to delay
ORDINANCE #480 EMERGENCY CLAUSE
October 14, 1994
Page 2
the implementation of these regulations would result in those subdivisions not being covered,
thus creating a financial burden on the City.
REQUEST:
This request is for Council approval of the attachment of an "emergency clause" (Section Three
of the ordinance) to Ordinance #480 in order that the public interest and financial integrity be
protected.
The staff has consulted with the City Attorney and will recommend Council approval of the
attachment of an "emergency clause" to Ordinance #480.
ATTACHMENT.
See Ordinance #480 contained with the previous agenda item.
SUBDIVISION
REGULATIONS
FOR THE CITY
OF OWASSO
TIHE
crrY
OF
OWASSO
OKLAHOMA
OCTOBER 1994
Adopted by the Owasso City Council
by Ordinance No. 480
on 10-18, 1994
ACKNOWLEDGMENTS
OWASSO CITY COUNCIL
Mary Lou Bamhouse
Charles Burris
Jerry Duke
Danny Ewing
Joe Ramey
OWASSO PLANNING COMMISSION
Dewey Brown
Jerry Cole
Ray Haynes
Gary Wells
Charles Willey
Pat Imbriano
TABLE OF CONTENTS
CHAPTER 1. GENERAL PROVISIONS ............................. 1
1.1 TITLE ............ ............................... 1
1.2 PURPOSE AND INTENTIONS ............................ 1
1.3 AUTHORITY ........ ............................... 2
1.4 JURISDICTION ...... ............................... 2
1.5 SUBDIVISION PLAT REQUIREMENT AND WAIVER ............ 2
1.6 PLAT VACATION AND ALTERATIONS ..................... 2
1.7 VARIANCE OF REGULATIONS .......................... 2
1.8 AMENDMENT OF REGULATIONS ........................ 3
1.9 SEPARABILITY OF PROVISIONS ......................... 3
1.10PENALTY ......... ............................... 3
1.11 TECHNICAL ADVISORY COMMITTEE ON PLATS - MEMBERSHIP ... 3
1.12 TECHNICAL ADVISORY COMMITTEE ON PLATS - DUTIES ...... 4
1.13 PLANNING COMMISSION - MEMBERSHIP ................... 4
1.14 PLANNING COMMISSION - DUTIES ........................ 4
CHAPTER 2. SUBDIVISION PLAT PROCEDURES ..................... 5
2.1 PROCESS .......... ............................... 5
2.2 PRE -PLAT CONFERENCE .............................. 5
2.3 PRELIMINARY PLAT .. ............................... 5
2.4 FINAL PLAT ........ ............................... 8
2.5 FEES ............... .............................12
2.6 PLANNED UNIT DEVELOPMENT ......................... 12
CHAPTER 3. SUBDIVISION DESIGN STANDARDS .................... 13
3.1 GENERAL ............ .............................13
3.2 STREETS ............ .............................13
3.3 ALLEYS ............. .............................17
3.4 SIDEWALKS ........ ............................... 17
3.5 EASEMENTS .......... .............................18
3.6 LOTS ............... .............................18
3.7 BLOCKS ............. .............................19
3.8 BUILDING LINES ..... ............................... 19
3.9 FLOOD PLAIN AREAS . ............................... 20
3.10 OIL AND GAS WELLS . ............................... 20
3.11 HILLSIDE DEVELOPMENT ............................. 21
3.12 PLANNED UNIT DEVELOPMENT ........................ 21
3.13 STORM WATER DETENTION ........................... 21
CHAPTER 4. SUBDIVISION CONSTRUCTION PROCEDURES 22
4.1 IMPROVEMENTS SHALL MEET ESTABLISHED STANDARDS 22
4.2 IMPROVEMENTS REQUIRED 22
4.3 CONSTRUCTION PLANS 23
4.4 CITY ENGINEER REVIEW 23
4.5 SUBMISSION AND APPROVAL OF CONSTRUCTION PLANS BY CITY
ENGINEER 24
4.6 SUBMISSION OF CONSTRUCTION PLANS TO DEPARTMENT OF
ENVIRONMENTAL QUALITY 24
4.7 PRE CONSTRUCTION CONFERENCE 24
4.8 CONSTRUCTION OF PUBLIC UTILITIES AND FACILITIES 24
4.9 INSPECTION AND CERTIFICATION 24
4.10 AS -BUILT CONSTRUCTION PLANS 24
4.11 ACCEPTANCE OF IMPROVEMENTS 25
4.12 MAINTENANCE SURITY 25
CHAPTERS
FEES 26
5.1 AREA PARK, RECREATION, AND CULTURAL REQUIREMENTS .26
5.2 EMERGENCY SIREN FEE 30
CHAPTER
6. CHANGE OF LIMITS OF ACCESS 32
6.1 INTENTIONS 6.2 32
APPLICATION 32
CHAPTER
7. LOT SPLITS
7.1 INTENTIONS 34
34
7.2 APPLICATION PROCEDURE 34
7.3 CITY PLANNER REVIEW 7.4
TECHNICAL ADVISORY COMMITTEE
34
REVIEW
35
7.5 PLANNING COMMISSION REVIEW 35
7.6 APPROVAL GUIDELINES 35
CHAPTER
8. BUILDING PERMITS 37
8.1 INTENTIONS 37
CHAPTER
9. DEFINITIONS AND USAGE 38
9.1 USAGE
9.2 38
WORDS AND TERMS DEFINED
38
CITY OF 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 borne 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.
1.3 AUTHORITY
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
or 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
2
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 (N) 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 AMENDMENT OF REGULATIONS
The City Council may, from time to time, adopt, amend and make public rules and
regulations for the administration of these Regulations to the end that the public is informed and
that approval of plats is expedited. These Regulations may be enlarged or amended by the City
Council after public hearing, due notice of which shall be given as required by law.
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 shall be liable for a fine as provided by law. 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 Police Chief,
G. the Fire Chief,
H. the City Project Manager,
I. the School District Superintendent,
J. the County Engineer of the involved county,
K. a health department representative from the involved county,
L. an Owasso Public Works Authority representative,
M. a natural gas company representative,
N. an electric company representative,
O. a cable television company representative, and
P. a telephone company 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.
1.13 PLANNING COMMISSION - MEMBERSHIP
The Planning Commission shall consist of five members who are residents of the City
of Owasso and who shall be nominated by the Mayor and confirmed by the vote of the City
Council of Owasso. The chairman shall be elected biennially at the first meeting of the
Commission after July 1st of the even numbered year by the membership of the Planning
Commission.
1.14 PLANNING COMMISSION -DUTIES
It shall be the responsibility of the Planning Commission to meet together on the second
Tuesday of each month unless otherwise set by the Commission, to review and study all
preliminary plats, final plats and lot splits for conformity to the Subdivision Regulations and to
submit its findings and recommendations to the City Council. Special meetings may be held on
call of the chairman.
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
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,
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,
O. Pre - Construction Conference,
P. Construction of subdivision improvements in accordance with the approved
Construction Plans,
Q. City Council acceptance of improvements and submission of maintenance bond,
R. Return file- stamped original plats to the City Planner,
S. Submission of As Builts within six (6) months of filing of the final plat.
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:
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 unplatted 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.
J. 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.
6
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 thirty -one (31) calendar days prior to the Planning
Commission 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 a fee as established by ordinance.
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.
7
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 approve, approve with
modifications, continue to a date certain or disapprove the preliminary plat.
Approval or disapproval of the preliminary plat will be conveyed to the
subdivider in writing within five (5) days after the meeting at which such plat was
considered. If the preliminary plat is disapproved, the subdivider shall be notified
of the reasons for such action and what requirements will be necessary to meet
the approval of the Commission.
The approval 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. 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 thirty-one (3 1) calendar days prior
to the Planning Commission 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.
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 requested easements have been identified. Each Utility
company shall sign a copy of the Final Plat indicating its acceptance of the location of
easements and covenants language. If easements are requested that are not shown on the
Final Plat, the utility company shall identify the additional easements requested on a copy
of the Final Plat, which shall be retained by the City Planner. The signature of the
utility company representative on the Final Plat shall constitute the utility company's
release of the plat for filing without the need for any further approval by the utility
company.
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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 carry 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 these
eleven (11) copies shall be on mylar suitable for filing at the office of the County
Clerk.
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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, one (1)
mylar reproducible and seven (7) signed paper copies, all with the appropriate
stamps, signatures and plat number from the County Clerk's office. The
Developer is encouraged to submit Computer -Aided Design (CAD) files 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.
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 ordinance 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.
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CHAPTER 3. SUBDIVISION DESIGN STANDARDS
3.1 GENERAL
Subdivision design shall reflect the provisions of the Zoning Code, the Owasso Major
Street and Highway Plan, 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.
3.2.2 Street Plan: Major streets shall be planned to conform with the Owasso Major Street and
Highway Plan.
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 -Wak 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.
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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 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 a major street is located adjacent to the outer
edge of a subdivision, one -half (1/2) of the right -of -way shown on the Owasso Major
Street and Highway Plan 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) feet in length measured
from the entrance to the center of the turn- around.
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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 (Ih) mile, and offsets which are likely to induce
continuing of traffic flow beyond that distance shall be avoided.
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 Official 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.
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 corners at minor street intersections shall have a
minimum radius of twenty five (25) feet. Right -of -way corners 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. 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 standards of these regulations.
B. All streets shall be properly integrated with the existing and proposed system of
thoroughfares and dedicated right -of -way as established on the Major Street and
Highway Plan.
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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 to provide
convenient and safe access to property.
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
Primary Arterial 120 feet *
Secondary 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.
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** 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.
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 encouraged but not required for residential zoned properties, and
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 turning 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 should include sidewalks located in such a manner that pedestrian
access is provided to adjacent land uses such as parks, schools, commercial centers and the like.
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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,
erected, 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.
3.5.2 Width: Easements shall be of a minimum width of twenty-two (22) feet, eleven (11) feet
on each rear lot line 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 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.
IN
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 (45 %). In
other words, the maximum lot depth = lot width / 0.45.
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
Planning Commission and City Council 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
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.
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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.
3.9 FLOOD PLAIN AREAS
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 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 erection 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.
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.
M
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
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 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 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.
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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.
4.2 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 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.
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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 Sanitary Sewer System:
A. Where a publicly approved sanitary sewer is reasonably accessible, the
subdivision and each lot within shall be provided with a connection thereto. 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 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 immediate
connection is not possible and until such connection with the sewer system can
be made, the use of private sewage treatment facilities may be permitted,
provided such disposal facilities are installed and maintained in accordance with
the regulations and requirements of the City Engineer and the Oklahoma State
Department of Health.
4.2.9 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
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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
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.
4.8 CONSTRUCTION OF PUBLIC UTILITIES AND FACILITIES 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
`z, !
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 knows 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 IMPROVEMENTS
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 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.
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CHAPTER 5. FEES
5.1 AREA PARK RECREATIONAL AND CULTURAL REOUIREMENTS
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 purposes, for carrying persons and property on its own structure, and
for being drawn by a motor vehicle.
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.
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5.1.3 Fee Structure
A. Fee Imposed: A 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 at the following rate:
B. Fee Schedule: Seventy-five dollars ($75.00) per each dwelling unit, plus twenty-
five ($25.00) per each bedroom in said dwelling unit.
Twenty -five dollars ($25.00) per each additional bedroom resulting from
enlargement, expansion, remodeling or alteration of an existing dwelling unit.
C. Fees on Building Permits
1. No person, firm or corporation shall receive or be entitled to receive the
building permit for construction of a residence structure or mobile home lot in the
City unless and until the fee provided for in this section is paid on each such
building permit issued.
2. Nothing contained in this section shall relieve or be interpreted as relieving
any person, firm or corporation from complying with all other ordinances, laws,
rules, regulations of the City or of any other governmental agency where they are
now in force or hereafter enacted, regulating and governing the issuance of
building permits for the construction of residence structures, mobile home lots
and /or commercial business structures in the City.
3. All persons, firms and corporations, who or which are subject to payment of
the fee established in this Ordinance must pay such fee, unless and until such
persons, firms or corporations are relieved of the payment of such fee by the City
Council in the manner provided for in this section.
D. Number of Bedrooms: The number of bedrooms in each unit of a proposed
development shall be determined from the building plans filed, and shall include
as bedrooms all rooms, however labeled on the plans, other than living rooms,
dining rooms, dens, kitchens, and bathrooms, which are suitable for use as or are
suitable for conversion to bedrooms. The number of bedrooms attributable to a
unit shall include not only those areas so labeled on the plans, but may include
as well any area in a dwelling unit which, because of its size, location, facilities,
or relationship to other areas of the dwelling unit, is deemed divisible so as to
create one or more additional bedrooms.
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5.1.4 Park and Recreational Capital Fund
A. Creation: There is hereby created and established a park and recreation capital
fund. All fees collected under this Ordinance shall be placed in this account to
be used exclusively for this use herein described.
B. Use of Funds
1. All 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 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.
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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
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
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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.
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.
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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: Sixteen dollars ($16.00) 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.
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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.
6.2 APPLICATION
The owner shall submit the change of limits of access application to the City Planner on
forms provided by the Planner, pay the application fee and shall submit drawings of the
proposal.
6.2.1 Copies of Drawing: Twenty-four (24) copies of a scaled drawing shall accompany the
application and the maximum size of the drawing is encouraged to be 8 I/2 inches by 14
inches on forms supplied by the City Engineer.
6.2.2 Specifications: The drawing shall include the proposed changes and all existing curb
cuts, buildings, drives, parldng areas, easements, and other relevant items with their
distances from lot lines and adjacent streets.
6.3 PROCESS
6.3.1 City Staff: The Staff shall review 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. Staff comments and
recommendations shall be forwarded to the Technical Advisory Committee (TAC).
6.3.2 Technical Advisory Committee: The City Planner shall present the application at a
regular TAC meeting where the change of access may be reviewed by the Committee.
The recommendation of the TAC shall be compiled with that of the city staff and
transmitted to the Planning Commission.
6.3.3 Planning Commission: The Planning Commission shall review the proposed change of
access and either recommend approval, approval with conditions or denial. The
recommendation of the Planning Commission shall be forwarded to the City Council.
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6.3.4 City Council: The City Council shall review the proposed change of access and either
approve, approve with conditions or disapprove. Upon approval the Mayor or Vice -
Mayor shall sign the approval documents.
6.3.5 Filing of Documents: The owner shall file the approval documents with the appropriate
county clerk and shall return a certified copy of the approval documents to the City
Planner.
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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 P1an,,Major Street and Highway 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: 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 81/2" by 14 ". If drawings
are larger than 81 /z" 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.
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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.
7.4 TECHNICAL ADVISORY COMMITTEE REVIEW
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. Corner 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.
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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 unless the approval of the City Engineer is
obtained.
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
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.
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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 Ap rn oval. 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.
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.
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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" 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.
m
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.
COLLECTOR STREET: See STREET, COLLECTOR in this section.
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.
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.
CUL -DE -SAC STREET: See STREET, CUL -DE -SAC in this section.
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.
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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, 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.
FINAL PLAT: See PLAT, FINAL in this section.
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.
IMPROVEMENTS. 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.
till
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.
MAJOR STREET: See STREET, MAJOR in this section.
MAJOR STREET AND HIGHWAY PLAN: The map established by the City Council by
ordinance showing area major streets and highways, their required rights -of -way and any
amendments or additions adopted by the City Council.
MAYOR: The Chief elected official of the City of Owasso, Oklahoma.
MINOR STREET: See STREET, MINOR (LOCAL) in this section.
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
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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.
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.
PRELIMINARY PLAT: See PLAT, PRELIMINARY in this section.
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.
PRIMARY ARTERIAL STREET: See STREET, PRIMARY ARTERIAL in this section.
PUBLIC IMPROVEMENTS: See IMPROVEMENTS, PUBLIC and IMPROVEMENTS in this
section.
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.
REQUIRED IMPROVEMENTS: See IMPROVEMENT, REQUIRED and IMPROVEMENTS
in this section.
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.
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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.
SECONDARY ARTERIAL STREET: See STREET, SECONDARY ARTERIAL in this
section.
SEPARATE INSTRUMENT: A document that dedicates land or accomplishes some other task
and is filed of record separately from the original subdivision plat documents.
SERVICE ROAD OR STREET: See STREET, SERVICE in this section.
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.
STREET. ARTERIAL: A thoroughfare designated on the Major Street and Highway
Plan which carries a significant portion of the interurban vehicle traffic at moderate
speeds with some traffic stops. Also see STREET, PRIMARY ARTERIAL and
STREET, SECONDARY ARTERIAL in this section.
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 as shown on the Owasso
Major Street and Highway Plan.
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.
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STREET. PRIMARY ARTERIAL: A thoroughfare designated on the Major Street and
Highway Plan which carries a portion of both intrrurban and interurban vehicle traffic
at a moderate rate of speed with some traffic stops.
STREET. SECONDARY ARTERIAL: A thoroughfare designated on the Major Street
and Highway Plan which carries a significant portion of the interurban vehicular traffic
having traffic stops.
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 undertaldng 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.
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