HomeMy WebLinkAbout931_Update to Subdivision RegulationsTulsa County Clerk - EARLENE WILSON
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CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 931
AN ORDINANCE ADOPTING BY REFERENCE, THE OWASSO
SUBDIVISION REGULATIONS, AND REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, Title 11, Oklahoma Statutes, Section 45 -101 et seq. empower the City to
enact subdivision regulations; and
WHEREAS, The Owasso City Council deems it necessary for the carrying out of the
purpose of said acts and of promoting the health, safety and general welfare of the
community to enact an ordinance regulating the subdivision of land within Owasso; and
WHEREAS, The Owasso City Council has appointed a Planning Commission which
shall review all proposed subdivisions; and
WHEREAS, The Owasso Planning Commission conducted a public hearing relating to
the adoption of these Subdivision Regulations on October 13, 2008; and
WHEREAS, all requirements of Oklahoma Statutes, with regard to the adoption of this
ordinance have been met;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF OWASSO, OKLAHOMA:
SECTION ONE (1): That there is hereby adopted by the City Council of the City of
Owasso, Oklahoma, for the purposes of promoting the health, safety, and general welfare;
and to encourage the development of the community in accordance with the adopted
Land Use Master Plan; a Code known as the Subdivision Regulations of the City of
Owasso, Oklahoma, and the whole thereof, and the same are hereby adopted and
incorporated as full as if set out at length herein and from and after the effective date of
this Ordinance and all provisions thereof, shall be controlling, as set out therein within
the corporate limits of the City.
SECTION TWO (2): Rules and Regulations.
Upon adoption of this ordinance, the City Manager shall from time to time promulgate
additional Rules and Regulations for said Subdivision Regulations, or changes to existing
Rules and Regulations for said Subdivision Regulations as considered necessary. The
promulgation of such Rules and Regulations, in whole or in part, shall require the City
Manager to notify the City Council and Planning Commission in writing of the proposed
Rules and Regulations and shall require the exact language of the proposal be attached to
such notice. Such notice to the City Council shall be published in the consent agenda of a
City Council meeting for acknowledgement of Council receipt of the change(s). Upon
notification to the City Council and for a period of 30 days, the proposed Rules and
Regulations shall lay open and be subject to City Council action to disapprove either in
part or in whole. Absent action by the City Council to disapprove proposed Rules and
Regulations within the allotted time frame, such Rules and Regulations shall have the
force and effect of law.
SECTION THREE (3) Repealer
All ordinances or parts of ordinances, in conflict with this ordinance are repealed to the
extent of the conflict only.
SECTION FOUR (4): Severability
If any part or parts of this ordinance are held invalid or ineffective, the remaining portion
shall not be affected but remain in full force and effect.
SECTION FIVE (5): Declaring an Effective Date
The provisions of this ordinance shall become effective thirty (30) days from the date of
final passage as provided by state law.
SECTION SIX (6): Codification
The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance
to be codified in Part 12, Chapter 3, Subdivision Regulations.
PASSED by the City Council of the City of Owasso, Oklahoma on the 4th day of
November, 2008.
St en Cataudella, Mayor
APPROVED as to form and legality this 4th day of November, 2008.
Juli ombardi, City Attorney
PUBLISHER'S AFFIDAVIT
ORDINANCE NO. 931
PUBLICATION DATE(S)
11/18/08
CASE NUMBER: ORD NO. 931
AD NUMBER: 00070746
LEGAL NOTICE
STATE OF OKLAHOMA
COUNTY OF Tulsa I SS
1, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a daily newspaper of
general circulation in Tulsa, Oklahoma, a newspaper qualified
to publish legal notices, advertisements and publications as
provided in Section 106 of Title 25, Oklahoma Statutes 1971
and 1982 as amended, and thereafter, and complies with all
other requirements of the laws of Oklahoma with reference to
legal publications. That said notice, a true copy of which is
attached hereto was published in the regular edition of said
newspaper during the period and time of publication and not in
a supplement, on the ABOVE LISTED DATE(S)
Representative Signature
Subscribed to and sworn to me this 19th day of November, 2008.
Notary Public
NANCY CAROL MOORE
My commission number: 06011684
My commission expires: December 8, 2010
Customer #: 00000779
Customer: CITY OF OWASSO
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Publisher's Fee: 141.40 NANCY CAROL MOORE
• Notary Public • State of Oklahoma
Tulsa County
My Commwion Expires December 8, 2010
Commission # 06011684
70746
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
November 18, 2008.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 931
AN ORDINANCE ADOPTING BY REFERENCE, THE OWASSO SUBDIVI-
SION REGULATIONS, AND REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH.
WHEREAS, Title 11, Oklahoma Statutes, Section 45 -101 et seq. empower the
City to enact subdivision regulations; and
WHEREAS, The Owasso City Council deems it necessary for the carrying out
of the purpose of said acts and of promoting the health, safety and general wel-
fare of the community to enact an ordinance regulating the subdivision of land
within Owasso; and
WHEREAS, The Owasso City Council has appointed a Planning Commission
which shall review all proposed subdivisions; and
WHEREAS, The Owasso Planning Commission conducted a public hearing
relating to the adoption of these Subdivision Regulations on October 13, 2008;
and
WHEREAS, all requirements of Oklahoma Statutes, with regard to the adoption
of this ordinance have been met;
NOWTHEREFORE, BE IT ORDAINED BYTHE MAYOR AND CITY COUNCIL
OF THE CITY OF OWASSO, OKLAHOMA:
SECTION ONE (1): That there is hereby adopted by the City Council of the City
of Owasso, Oklahoma, for the purposes of promoting the health, safety, and
general welfare; and to encourage the development of the community in accor-
dance with the adopted Land Use Master Plan; a Code known as the
Subdivision Regulations of the City of Owasso, Oklahoma, and the whole there-
of, and the same are hereby adopted and incorporated as full as if set out at
length herein and from and after the effective date of this Ordinance and all pro-
visions thereof, shall be controlling, as set out therein within the corporate lim-
its of the City.
SECTION TWO (2): Rules and Regulations.
Upon adoption of this ordinance, the City Manager shall from time to time prom-
ulgate additional Rules and Regulations for said Subdivision Regulations, or
changes to existing Rules and Regulations for said Subdivision Regulations as
considered necessary. The promulgation of such Rules and Regulations, in
whole or in part, shall require the City Manager to notify the City Council and
Planning Commission in writing of the proposed Rules and Regulations and
shall require the exact language of the proposal be attached to such notice.
Such notice to the City Council shall be published in the consent agenda of a
City Council meeting for acknowledgment of Council receipt of the change(s).
Upon notification to the City Council and for a period of 30 days, the proposed
Rules and Regulations shall lay open and be subject to City Council action to
disapprove either in part or in whole. Absent action by the City Council to dis-
approve proposed Rules and Regulations within the allotted time frame, such
Rules and Regulations shall have the force and effect of law.
SECTION THREE (3) Repealer
All ordinances or parts of ordinances, in conflict with this ordinance are
repealed to the extent of the conflict only.
SECTION FOUR (4): Severability
If any part or parts of this ordinance are held invalid or ineffective, the remain-
ing portion shall not be affected but remain in full force and effect.
SECTION FIVE (5): Declaring an Effective Date
The provisions of this ordinance shall become effective thirty (30) days from the
date of final passage as provided by state law.
SECTION SIX (6): Codification
The City of Owasso Code of Ordinances is hereby amended by adding a new
ordinance to be codified in Part 12, Chapter 3, Subdivision Regulations.
PASSED by the City Council of the City of Owasso, Oklahoma on the 4th day
of November, 2008.
/s/ Stephen Cataudella, Mayor
ATTEST:
/s/ Sherry Bishop, City Clerk
(SEAL)
APPROVED as to form and legality this 4th day of November, 2008.
/s/ Julie Lombardi, City Attorney
APPROVED BY COUNCIL
MEMORANDUM NOV 0 4 2008
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ORDINANCE FOR THE UPDATE TO THE OWASSO SUBDIVISION
REGULATIONS
DATE: October 29, 2008
BACKGROUND:
Last adopted on October 18, 1994, the Owasso Subdivision Regulations provide for the arrangement of
parcels of land in Owasso for residential, office, commercial, and industrial uses and for public needs, such
as streets, easements, etc. How land is divided for these various uses impacts the health, safety, economy,
and quality of life in the city to a large degree. In an effort to ensure that Owasso's quality of life regulations
are maintained in a fashion that keeps up with the modern realities of the community, the staff has
undertaken an update to the subdivision regulations.
CITY COUNCIL AND PLANNING COMMISSION REVIEW:
At their October 13, 2008 meeting, the Planning Commission conducted a public hearing to discuss the
subdivision regulations update. At the public hearing, the Planning Commission voted 4 — 0 to recommend
approval of the proposed code. Subsequently, the Owasso City Council approved the proposed update at
their regular meeting on October 21, 2008.
STAFF RECOMMENDATION:
The staff recommends City Council approval of Ordinance No. 931, formally documenting Council action
taken October 21, 2008 to approve the update to the subdivision regulations.
ATTACHMENTS:
1. Proposed Ordinance No. 931
2. Subdivision Regulations
Proposed Changes of the Owasso Subdivision Regulations
CHAPTER 1. GENERAL PROVISIONS
1.1 TITLE
These Regulations shall hereafter be known, cited and referred to as the Subdivision
Regulations of the City of Owasso, Oklahoma.
1.2 PURPOSE AND INTENTIONS
1.2.1 Purpose: The arrangement of parcels of land in Owasso for residential, office,
commercial and industrial uses and for public needs, such as streets and easements, etc.
will to a large degree determine the health, safety, economy and quality of life in the city.
Such amenities are a public concern. These Regulations and standards for the subdivision
of land are intended to insure the development and maintenance of a safe, healthy,
attractive and efficient community and provide for the conservation of its human and
physical resources.
1.2.2 Intentions: These Regulations are specifically intended to:
A. Establish a subdivision process that is as expeditious and efficient as possible while
providing for public health, safety and general welfare.
B. Harmoniously relate development of the various tracts of land to the existing
community and facilitate the future development of adjoining tracts.
C. Provide that the cost of improvements which primarily benefit the tract of land being
developed be 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
Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by
such development or unusual conditions that the strict application of the requirements
contained in these Regulations result in substantial hardship or inequity, the Planning
Commission may vary or modify, except as otherwise indicated, such requirements of
design, but not of procedure or improvements, so that the subdivider may develop his
property in a reasonable manner, but so that at the same time, the public welfare and
interests of the City are protected and the purpose and intentions of these regulations are
preserved. Such modification may be granted upon written request of the subdivider
stating the reason for each modification and may be waived by three- fourths (3/4) vote of
the members of the Planning Commission present, subject to the acceptance of the plat
and the dedications thereon by the City Council. Variance of the Zoning Code must be
granted by the Owasso Board of Adjustment.
1.8 PROMULGATION OF RULES AND REGULATIONS
Upon adoption of this ordinance, the City Manager shall present Rules and Regulations
relating to the implementation of the intent of the Subdivision Regulations to the City
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Council for adoption by resolution. Provided, however, that the City Manager shall from
time to time promulgate such additional Rules and Regulations, or changes to existing
Rules and Regulations as considered necessary. The promulgation of such Rules and
Regulations, in whole or in part, shall require the City Manager to notify the City
Council, Planning Commission, and Board of Adjustment in writing of the proposed
Rules and Regulations and shall require the exact language of the proposal be attached to
such notice. Such notice to the City Council shall be published in the consent agenda of a
City Council meeting for acknowledgement of Council receipt of the change(s). Upon
notification to the City Council and for a period of 30 days, the proposed Rules and
Regulations shall lay open and be subject to City Council action to disapprove either in
part or in whole. Absent action by the City Council to disapprove proposed Rules and
Regulations within the allotted time frame, such Rules and Regulations shall have the
force and effect of law.
1.9 SEPARABILITY OF PROVISIONS
If any section, clause, paragraph, provision or portion of these regulations shall be held
invalid or unconstitutional by any court of competent jurisdiction, such holding shall not
affect any other section, clause, paragraph, provision or portion of these Regulations.
1.10 PENALTY
Any person or persons, firm, or corporation, who shall violate any of the provisions of
these Regulations, or shall fail to comply therewith, or with any of the requirements
thereof, shall be deemed guilty of an offense and, upon conviction thereof, shall be fined
not more than $200.00 and costs and/or 30 days imprisonment. 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 Fire Chief,
G. the City Project Manager,
H. the County Engineer of the involved county,
I. an Owasso Public Works Authority representative,
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J. a natural gas company representative,
K. an electric company representative,
L. a cable television company representative,
M. a telephone company representative, and
N. a Planning Commission representative
1.12 TECHNICAL ADVISORY COMMITTEE ON PLATS - DUTIES
It shall be the responsibility of the Technical Advisory Committee (TAC) to meet
together on the call of the City Planner, who shall serve as chairperson, to review and
study all preliminary plats, final plats and lot splits and to submit its findings and
recommendations to the Planning Commission.
CHAPTER 2. SUBDIVISION PLAT PROCEDURES
2.1 PROCESS
2. 1.1 Requirement: Whenever any subdivision of land is proposed, before any permit for
the erection of a structure in such proposed subdivision shall be granted, the owner of the
land or his agent shall apply for and secure both Planning Commission and City Council
approval of a final plat for such proposed subdivision.
2.1.2 Procedure: The proposed subdivision shall be processed as follows:
A. Pre -plat conference,
B. Application for Preliminary Plat (proposed subdivisions containing only one lot may
begin with step F of this list),
C. Technical Advisory Committee (TAC) review of the Preliminary Plat,
D. Planning Commission review of the Preliminary Plat,
E. Revision of the Preliminary Plat, if required,
F. Application for the Final Plat,
G. Submission of Construction Plans for approval to Public Works and DEQ,
H. TAC review of the Final Plat,
I. Planning Commission review of the Final Plat,
J. Obtain Public Works and DEQ approval of the Construction Plans,
K. City Council review and approval of the Final Plat,
L. Certification of the Final Plat,
M. Record the certified Final Plat with the appropriate County officials, and return file -
stamped original plats to the City Planner,
O. Pre - Construction Conference,
P. Construction of subdivision improvements in accordance with the approved
Construction Plans,
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Q. Council acceptance of subdivision improvements.
2.2 PRE -PLAT CONFERENCE
A pre -plat conference shall be held between the Subdivider and the City Planner to
discuss Zoning Code requirements, subdivision design requirements, platting procedures
and improvements construction.
2.3 PRELIMINARY PLAT
2.3.1 Purpose: The purpose of the Preliminary Plat is to provide an interim step in the
procedure when the Subdivider shall submit a proposed preliminary plat containing the
information required in paragraph 2.3.2 hereof. It is at this point that the items discussed
at the Pre -plat conference are shown and the development is examined to see if it
conforms to the Subdivision Regulations.
2.3.2 Preliminary Plat Contents: The Preliminary Plat shall be drawn at a scale of one
hundred (100) feet to one inch or larger. All printing shall be clear and legible. All sheets
shall be of a consistent size of twenty -four (24) inches by thirty six (36) inches or
smaller. Each sheet shall be sealed by a registered professional engineer. The Preliminary
Plat shall contain or be accompanied by the following information:
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.
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L. The location of every existing or abandoned oil or gas well or dry hole drilled in
search of oil or gas as shown by the records of the Oklahoma Corporation Commission
and by such records as may be on file with the Planning Commission.
M. The location of facilities and land to be considered for dedication to public use, or to
be reserved for use of all property owners in the subdivision and any conditions of such
dedications or reservations.
N. All proposed lots consecutively numbered, their dimensions, and all building setback
lines.
O. All blocks consecutively numbered.
P. Any other information as may be deemed by the Planning Commission as reasonably
necessary for the full and proper consideration of the proposed subdivision.
Q. Draft of Restrictive Covenants.
R. List of abutting property owners.
2.3.3 Application: The Subdivider shall submit twenty -four (24) copies of the
Preliminary Plat to the City Planner no later than the first business day of the month of
the TAC meeting at which the plat will be reviewed. The Preliminary Plat shall be
accompanied by an application, the forms for which shall be supplied by the City
Planner, and a fee as established by resolution.
2.3.4 Review of Preliminary Plats:
A. The City Planner upon receipt of the preliminary plat and fees shall:
1. Distribute copies of the Preliminary Plat to the Technical Advisory Committee,
2. Set the plat on the TAC and Planning Commission agendas,
3. Review the plat for conformance with the Zoning code and these Regulations,
4. Prepare recommendations for submission to the TAC and Planning Commission.
5. Notify abutting property owners by First Class Mail.
B. The Technical Advisory Committee shall review the Preliminary Plat and make
recommendations to the Planning Commission.
C. The Planning Commission, at a public hearing, shall accept, accept with
modifications, or continue to a date certain the preliminary plat.
Such Planning Commission action will be conveyed to the subdivider in writing within
five (5) days after the meeting at which such plat was considered. The subdivider shall be
notified of the reasons for such action and what requirements will be necessary for the
final plat to meet the approval of the Commission.
The acceptance of the preliminary plat does not constitute an acceptance of the
subdivision, but is deemed to be an authorization to proceed with the preparation of the
final plat.
2.3.5 Preliminary Plat Expiration: The approval of a Preliminary Plat shall be effective
for a period of one (1) year from the date of approval by the Planning Commission, at the
end of which time approval of the final plat must have been obtained from the City
Council. Unless the City Planner grants an extension in writing, any Preliminary Plat not
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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 the first business day of the
month of the TAC meeting at which the plat will be reviewed. The Final Plat shall be
accompanied by an application, the forms for which shall be supplied by the City
Planner, and a fee as established by ordinance. Requests for Exceptions to these
Regulations or requirements of the Preliminary Plat shall be submitted in accordance
with these Regulations.
2.4.2 Contents: The Final Plat shall show:
A. The name of the subdivision, city, county and state. The subdivision name shall not
duplicate or too closely approximate the name of any existing subdivision in Tulsa or
Rogers Counties.
B. The name and address of the owner(s) of record, the subdivider(s) and the registered
engineer or land surveyor preparing the plat. Official seals of the engineer or surveyor
are required.
C. The accurate legal description of the subdivision referenced to section, range and
township, based on an accurate traverse, giving angular and linear dimensions which
must mathematically close, the allowable error of closure on any portion of a final plat
shall be one (1) foot in five thousand (5,000).
D. The location of monuments shown in reference to existing United States Coastal and
Geodetic Survey data or the nearest established street lines, including true angles and
distances to such reference points or monuments.
E. The date of preparation of the plat, north arrow and scale (written and graphic
presentation).
F. The key or location map showing location and name of subdivisions within the mile
section.
G. The total acreage and total number of lots of the subdivision shown near the key or
location map.
H. The names of all adjacent subdivisions and the names, locations and widths of all
existing streets, easements, drainageways, and other public ways adjacent to the property.
I. Location of lots, streets, public highways, alleys, parks, building lines, limits of no
access and other features, with accurate dimensions in feet and decimals of feet and
distances, angles and/or bearings. Where these lines follow a curve, the central angle, the
radius, point of curvature, length of curve and length of intermediate tangents shall be
shown.
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J. The blocks numbered consecutively throughout the entire subdivision and the lots
numbered consecutively throughout each block, with areas to be excluded from platting
marked "reserved" or "not for public use."
K. Locations and accurate dimensions of all property to be offered for dedication for
public use, and all property reserved for the common use of the property owners within
the subdivision, with purpose indicated. This includes, but is not limited to, dedication of
streets and alleys, parks, drainageways, or other areas dedicated or reserved for public
use.
L. The names of all streets to be dedicated.
M. The dimensions of all lots and lot lines, and the bearings of those lot lines not parallel
or perpendicular to the street right -of -way line.
N. Location and dimensions of all easements to be dedicated. All easements shall be
denoted by fine dashed lines, clearly identified, and if already on record, the recorded
reference of such easements. The width of an easement with sufficient ties to locate it
definitely with respect to the subdivision must be shown.
O. Easements located outside the boundaries of the plat, required for plat approval. Proof
of executed easements shall be provided to the city upon request of a permit to construct.
P. The deeds of dedication for all rights -of -way, easements and other properties and any
deed restrictions applicable to the subdivision shall be shown.
Q. The location of every oil or gas well, or abandoned oil or gas well, or dry hole drilled
in search of oil or gas, as certified by the records of the Oklahoma Corporation
Commission submitted to the Planning Commission.
R. All lots located in a one hundred (100) year flood plain area of special flood hazard
shall have the building pad elevation provided on each lot on a copy of the final plat prior
to recording the final plat. That pad elevation shall be a minimum of one (1) foot above
the said one hundred (100) year flood elevation as identified by Federal Emergency
Management Agency (FEMA) or other authority.
S. A copy of any private restrictions affecting the subdivision or any part thereof attached
to each plat.
T. Reference to any separate instruments which directly affect land being subdivided,
including restrictive covenants, filed in the office of the county recorder of deeds.
U. Any other information as may be deemed by the Planning Commission as reasonably
necessary for the full and proper consideration of the proposed subdivision.
2.4.3 Technical Advisory Committee Action: The Technical Advisory Committee shall
review the Final Plat to ensure that all requirements have been satisfied. If any required
items are not shown on the Final Plat, the TAC shall identify the requirements on a copy
of the Final Plat, which shall be retained by the City Planner.
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.
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, all with the
appropriate stamps, signatures and plat number from the County Clerk's office. Unless
instructed otherwise by the City Planner, the Developer is required to also to the City
Planner.
C. After the final plat has been executed by all required officials, the City Planner shall
distribute copies to appropriate officials, agencies or departments and utility companies
and retain file copies in the offices of the City Clerk and City Planner.
2.4.9 Approval and Recording of Plats Required: No plat or other land subdivision
instrument shall be filed in the office of the County Clerk until it shall have been
approved by the City Council as required. A Final Plat shall be filed within six (6)
months of the approval of the City Council. Failure to record the plat within six (6)
months of the date of the City Council approval shall void all approvals thereto, unless a
written extension is granted by the City Planner.
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2.5 FEES
Preliminary Plat application fee, Final Plat application fee, Lot Split Application fee
inspection fees and other pertinent fees shall be paid in accordance with the fee schedule
as established by resolution 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.
3.1 GENERAL
Subdivision design shall reflect the provisions of the Zoning Code, Owasso Engineering
Design Criteria, other city ordinances and these regulations to the end that each subdivision
will relate harmoniously with adjacent areas and the community in an orderly, safe, efficient
and attractive manner.
3.2 STREETS
3.2.1 Access:
A. Each lot of a subdivision shall be provided with access to a public street or
approved private street or highway to assure convenience of the lot owner as
well as to provide for the layout of utilities, waste removal, deliveries and
emergency services.
B. Lots shall not generally derive access from major streets. Provisions
restricting ingress and egress to streets may be required by the Planning
Commission and City Council to assure traffic safety and to relieve
congestion at intersections.
C. Double frontage lots and reversed frontage lots shall be avoided except
where necessary to provide separation of residential development from
traffic arterials or to overcome specific disadvantages of topography or
orientation.
3.2.2 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.
3.2.3 Abutting Railroad or Highway Right -of -Way: Where a subdivision abuts or
contains a railroad right -of -way or limited access highway right -of -way, the
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Planning Commission and City Council may require a street approximately parallel
to and on each side of such right -of -way at a distance suitable for the appropriate use
of the intervening land. Such distances shall also be determined with regard for the
requirements of approach grades and grade separation.
3.2.4 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.
3.2.5 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.
3.2.6 Reserve Strips: Reserve strips controlling access to streets shall be prohibited except
where approved by the Planning Commission and City Council.
3.2.7 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.
3.2.8 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.
3.2.9 Street Offsets: Street offsets with center -line offsets of less than one hundred fifty
(150) feet shall not be allowed.
3.2.10 Dedication of Right -of Way: Whenever an arterial is located adjacent to the outer
edge of a subdivision, one -half (1 /z) of the right -of -way necessary to widen the
arterial to five lanes shall be dedicated, if it is determined by the Planning
Commission and City Council that such dedication is equitable and feasible for the
other half of the right -of -way from the adjacent property. Half -street dedications on
minor streets are prohibited.
3.2.11 Cul -de -sac Streets: All dead -end streets having a length of more than one hundred
fifty (150) feet shall terminate in a cul -de -sac which has a circular turn- around
having a minimum right -of -way radius of fifty (50) feet and a pavement radius of
forty (40) feet. No such cul -de -sac street shall be more than six hundred (600) two
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thousand five hundred (2,500) feet in length measured from the entrance to the
center of the turn- around.
3.2.12 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 (1 /z) mile, and offsets which are
likely to induce continuing of traffic flow beyond that distance shall be avoided.
3.2.13 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 City Planner shall review the address plat and inform
the subdivider of any corrections of the address ranges. The subdivider shall
make the corrections, if any, and shall submit with final plat three (3) copies
of the final address plat. The City Planner shall be responsible for the
coordination of addressing lots and changing the addresses of lots.
3.2.14 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.
3.2.15 Street Layout:
A. Local roads shall be curved whenever possible to avoid uniformity of lot
appearance. All streets shall be arranged so as to obtain as many as possible
of the building sites at, or above, the grades of the streets. Unless by reason
of topographical uniqueness or hardship, a variance is approved by the
Owasso Board of Adjustment, all building sites shall be situated above the
grades of the streets. Grades of streets shall conform as closely as possible
to the original topography. A combination of steep grades and curves shall
be avoided. Specific standards are contained in the Owasso Engineering
Design Criteria.
B. All streets shall be properly integrated with the existing and proposed system
of thoroughfares and dedicated right -of -way as already established.
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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.
3.2.16 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
Arterial 100 feet *
Commercial or Industrial
Collector 80 feet
Residential Collector 60 feet **
Residential 50 feet
Frontage or Service 40 feet
Commercial Alley 30 feet
Residential Alley 20 feet
Cul -de -sac Radius 50 feet
* Arterial Streets shall show an additional twenty -six (26) feet of right -of-
way width for one hundred (100) feet in each direction from Arterial Street
intersections to allow for right turn lanes.
** Collector Streets shall show an additional thirteen (13) feet of right -of-
way width for one hundred (100) feet in each direction from Arterial Street
intersections to allow for a center turn lane.
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3.2.17 Paving Width: The minimum paving width for all streets shall conform to the
Owasso Design Criteria.
3.2.18 Grades: The grades of streets shall conform to the requirements of the Owasso
Design Criteria.
3.2.19 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 not required for residential zoned properties, but when
provided shall not be less than twenty (20) feet in width of right -of -way.
3.3.3 Alignment: Horizontal changes in alignment shall be gradual and at intersection
corners shall have a radius of twenty (20) feet to permit safe vehicular 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. Subdivisions shall include sidewalks located in such a manner that pedestrian
access is provided to adjacent land. Subdivisions in RE Residential and AG Agricultural
zoning districts are not required to have sidewalks if the development contains a pedestrian
trail in a common area or reserve area connecting the development with adjacent properties.
3.5 EASEMENTS
3.5.1 General: In the dedication of easements and rights -of -way, the developer shall
stipulate that no building, structure, or other above or below ground obstruction shall
be placed, constructed, installed or permitted on such easement or rights -of -way
shown in such a manner that will interfere with the installation, operation,
maintenance, repairing, removing, or replacing of utilities.
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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 PUBLIC AREAS AND OPEN SPACES
Public parks, playgrounds, school sites and other public areas and open spaces shall
be provided in accordance with the requirements and standards set forth in the
comprehensive plan and in the ordinances relating thereto.
3.6 LOTS
3.6.1 Access: Every lot shall abut a street dedicated to the public or a private street of an
approved Planned Unit Development or other approved access (See Section 4.2.1
A.).
3.6.2 Double Frontage: Subdivisions should be designed so that lots do not front on two
parallel streets except where a row of lots is designed to separate residential
development from through traffic or overcome specific disadvantages of terrain and
orientation (See Section 4.2.1 Q.
3.6.3 Zoning Code Requirements: Lot dimensions, yard sizes, building setback line
dimensions, and lot areas shall conform to the minimum requirements of the Zoning
Code.
3.6.4 Corner Lots: Lots at the intersections of streets should exceed minimum Zoning
Code area requirements to provide adequate building areas and required building
setbacks from intersecting streets.
3.6.5 Lot Depth: Excessive lot depth in relation to lot width is prohibited. The maximum
lot depth shall not be greater than the quotient of the lot width divided by 0.45
(45 %). In other words, the maximum lot depth = lot width / 0.45.
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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.
Width: Blocks for residential use shall have sufficient width to provide for two (2) tiers of
lots of appropriate depth, except on the boundaries of a proposed subdivision or where it is
important to separate residential development from other types of development or through
traffic. Blocks intended for commercial, office or industrial uses should be of a width
suitable for the intended use, with due allowance for off - street parking and loading facilities.
Blocks for such uses should normally not exceed six hundred (600) feet in length.
3.8 BUILDING LINES AND ELEVATIONS
3.8.1 Zoning Code requirements: Building lines shall be provided for all subdivision plats
in accordance with the requirements of the Zoning Code district in which the
subdivision is located unless varied by the Board of Adjustment or superseded as
specified by the Planned United Development text.
3.8.2 Zero Lot Lines: In areas of the subdivision where zero lot lines are permitted,
appropriate provisions in plats and restrictive covenants may be permitted.
3.8.3 Restrictions on Plat: Restrictions requiring buildings to be located within the
building lines shown on the plat shall be set forth on the plat or on a separate
recorded instrument.
3.8.4 Pad Elevations: Minimum building pad elevations shall be shown on each lot
included in the final plat.
3.9 FLOOD PLAIN AREAS
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
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B. The intended use of the land is permitted by city ordinances or permitted by
Variance or Special Exception as outlined by city ordinance.
3.10 OIL AND GAS WELLS
3.10.1 Setback from Producing Wells: Where there is found to be a producing oil or gas
well which is within the boundaries of a proposed subdivision, there shall be a
building setback line so placed on the plat to prevent the erection construction of a
building within one hundred fifty (150) feet of such well.
3.10.2 Setback from or Plugging of Abandoned Wells: Where there is found to be an
abandoned oil or gas well which is not adequately plugged according to the
standards established by the state law and the Oklahoma Corporation Commission,
which well is within the boundaries of a proposed subdivision, said well shall be
adequately plugged according to said standards and so certified by the Oklahoma
Corporation Commission before the plat of such addition is given final approval. In
lieu of plugging such wells, a building setback line shall be so placed on the plat to
prevent the construction of a building within one hundred fifty (150) feet of such
well. In any event, a certificate or clearance shall be obtained from the Oklahoma
Corporation Commission as to the existence of any wells reflected in their records.
3.10.3 Access: Access shall be provided and so indicated on the face of the plat for all
unplugged wells for the purpose of maintenance and rework.
3.11 HILLSIDE DEVELOPMENT
The development of hillside areas or any area with a slope of greater than eight
percent (8 %) shall be designed to minimize grading and filling and retain natural ground
cover. Areas with slope in excess of twenty percent (20 %) shall be utilized as open space or
developed in accordance with a Planned Unit Development as defined by the Zoning Code.
3.12 PLANNED UNIT DEVELOPMENT
When a subdivision is developed as a Planned Unit Development in accordance with
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 DRAINAGE AND DETENTION
Every subdivision shall be provided with a storm water drainage system adequate to
serve the area being platted. Such storm water drainage system shall be designed so that
property located downstream from and upstream from the subdivision shall not be
injuriously affected by the construction, operation, or maintenance of such system. Storm
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water detention and drainage systems shall be designed according to the Owasso Design
Criteria. The covenants of each subdivision shall require that the subdivision's homeowners
association be responsible for the maintenance of the overland lot -to -lot stormwater
drainage and detention facilities.
3.14 HOMEOWNERS ASSOCIATIONS
For every residential subdivision platted and developed in Owasso after the passage
of these regulations, a homeowners association shall be created. Enforcement of the
subdivision's covenants, and ownership and control over the subdivision's common areas
shall be transferred to the homeowners association by the time that 85% of the lots within
the subdivision have received building permits.
CHAPTER 4. SUBDIVISION CONSTRUCTION PROCEDURES
4.1 IMPROVEMENTS SHALL MEET ESTABLISHED STANDARDS
All improvements shall be designed and installed in accordance with the Owasso Design
Criteria established by the City Engineer and approved by the City Council. The City
Engineer may establish special standards in excess of the Owasso Design Criteria which
are generally applicable to safely accommodate unusual circumstances or the heavy
commercial and industrial use of streets, utilities, water, sewer and other public
improvements.
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.
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4.2.5 Monuments and Markers: The location of all permanent markers shall be shown on
the face of the Final Plat. Permanent reference markers shall be placed according to the
specifications of the Owasso Design Criteria.
4.2.6 Public Water Supply: Where an approved public water supply is reasonably
accessible, the subdivider shall install water lines and fire hydrants to connect with such
water supply and make it available for each lot within the subdivided area. The Final Plat
shall not receive City Council approval until it is certified by the Health Department that
there has been compliance with the regulations of the Oklahoma State Department of
Health and where indicated, meets other jurisdictional governing bodies' requirements.
4.2.7 Stormwater Drainage and Detention Facilities:
The subdivider shall provide a stormwater drainage system that is designed and
constructed in accordance with the Owasso Design Criteria.
4.2.8 Rural Roadside Drainage Standards:
A. Definition:
Roadside ditches are engineered channels constructed along the sides of the roadway and
located either wholly or partly within the street right -of -way. The purpose of these ditches
is to collect storm water runoff from the roadway and adjacent tributary areas and convey
the accumulated runoff to acceptable outlet points.
B. Permitted Uses:
Unless provided for by special exemption by the City Engineer, roadside ditches are
permissible only in subdivisions within RE residential and AG agricultural zoning
districts. Maintenance of roadside ditches shall be the responsibility of the Homeowners
Association of the subdivision, and shall be included within the covenants of the
subdivision.
C. Easements:
Roadside ditches located within the street right -of -way do not require a drainage
easement. Roadside ditches located otherwise shall have a dedicated drainage easement
extending from the street right -of -way to two feet outside of the top of the outside bank
(backslope) of the channel.
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D. Design Procedures:
Design of roadside ditches should be based on a clear understanding of the generally
recognized principles of open channel flow. Unless otherwise noted or excepted, the
design of roadside ditches shall conform with the previous requirements of 0509 "Open
Channels." The Engineer may require additional analysis or documentation before
approving atypical or non - conforming designs.
E. Design Goals:
Roadside ditches shall:
Accommodate the design runoff in a mariner which assures the safety of motorists.
Provide sufficient conveyance to prevent damage to adjacent properties.
Drain subsurface water from the base of the roadway to prevent saturation and loss of
support for the pavement.
Minimize long -term maintenance requirements by including design features that minimize
deterioration from velocity- induced scour, sediment deposition at low velocity and
ponding at runoff.
Mitigate erosion and other adverse environmental or aesthetic effects.
F. Design Storm:
Engineered channels shall be designed to completely contain the 1 % return frequency
(100 -year) storm within the boundaries of the drainage easement. Channels shall be stable,
free from erosion damage and shall allow free drainage of the roadway base material
during the 10% return frequency (10 -year) storm.
G. Design Capacity:
The hydraulic capacity of the ditch should be such as to insure that the high water
elevation at the 10 -year (10% return frequency) design flow will be below the bottom of
the roadway base course.
A pipe conveyance system shall be required when the design discharge exceeds the ditch
capacity.
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H. Flow Velocity:
The maximum velocity for the 100 -year flood peak flow shall not exceed 5.0 feet per
second for Type I ditches and 6.0 feet per second for Type II and Type III ditches. Type I
and Type II ditches shall be designed with a maximum Froude Number of 0.8. Type III
ditches shall be designed with a maximum Froude Number of 0.9. No grass lined or
composite ditch or channel having a Froude Number of 1.0 or greater along any portion of
its alignment will be approved.
Minimum velocity in a channel having a Manning's roughness coefficient less than or
equal to 0.015 shall be 2.5 feet per second to avoid excessive sedimentation.
I. Typical Section:
The shape of a roadside channel section should minimize vehicular impact and provide a
traversable section for errant vehicles leaving the traveled way. The ideal channel section,
from a safety standpoint, will have flattened side slopes and a curved, parabolic transition
to the channel bottom.
Ditch foreslopes for grass -lined ditches shall be designed with grades not to exceed 4
horizontal to 1 vertical. Ditch backslopes should be designed with the same grade; but
may be approved up to 3 horizontal to 1 vertical depending on right -of -way or drainage
easement constraints. For maintenance purposes, no grass -lined channel steeper than 3:1
will be approved.
Channel slopes shall not exceed the angle of repose of the soil and/or lining. Side slopes
for channel linings other than grass will be approved based on the physical and hydraulic
properties of the material. No roadside channel having a sideslope steeper than 2.5
horizontal to 1 vertical will be approved, regardless of the lining material
J. Horizontal Alignment/Alignment Changes:
Channel alignment changes shall be achieved by curves having a minimum radius of:
R=V 2 *W/81) where:
R = Minimum radius on centerline in feet
V = Design velocity (10 -year) of flow in feet per second
W = Width of charnel at water surface in feet
D = Depth of flow in feet
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or three (3) times the maximum top width at the design flow (10 -year) depth, whichever is
larger.
The Engineer may require additional analysis at bends to determine the possible need for
additional freeboard or protection from velocity induced erosion.
K. Vertical Alignment/Longitudinal Slope:
In many cases, the grade of the side ditch will follow the profile grade of the roadway.
These template ditches are generally constrained not only in profile grade, but also in
alignment and cross section by the geometric and safety standards applicable to the
project. In addition, maximum and minimum allowable velocities will define the upper
and lower bounds of the longitudinal slope.
For special ditches whose slope differs from that of the profile grade, the Engineer may
require a minimum slope of 0.2% to prevent ponding. Drop structures or ditch checks may
be required to limit velocity where slopes exceed 2.5 %. Steeper longitudinal slopes may
be allowed when the ditch is flowing partially full.
Vertical profiles for roadside ditches shall be shown on the roadway drawings. Grades of
special ditches shall be indicated adjacent to their profile. Velocities for the 10 -year and
100 -year design events shall be included in the design data. Hydraulic and Energy
Gradelines shall be included in the design data.
L. Freeboard:
Freeboard is not required for roadside ditches that conform to the design capacity and
section described in 0509.2 E and shown in the standard drawings. Additional freeboard
may be required at the outside of horizontal bends based on velocity and superelevation
considerations.
The designer shall exercise care that the 100 -year (I% return frequency) design flow will
be no less than 2.0 feet below the finished floor of any adjacent dwelling or structure.
M. Roughness Coefficient:
The roughness coefficient, "n", for use in Manning's equation for open channel flow, shall
be based on the channel characteristics of each particular design. The table shown in
0509.1 C serves as a reference of possible values. Other values for specific characteristics
may be considered if derived from reliable references. Manning's "n" for composite
channels must reflect the relative surface area of the different materials.
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N. Invert:
Ditch invert protection shall be used when design velocities exceed 5 feet per second.
Ditch invert protection will be used at the upstream and downstream ends of all culverts.
O. Lining:
Linings for roadside ditches may be classified as either flexible or rigid. The difference
between flexible and rigid channel linings is their response to changing channel shape.
Flexible linings are able to conform to changes in the channel shape while rigid linings
will not. Where flexible linings are capable of withstanding design velocities, they are
preferred over rigid linings. Flexible linings are constructed of the following materials:
i. Sod or seeded grasses
ii. Erosion control blankets
iii. Turf reinforcement blankets
iv. Machined rip -rap
V. Wire- enclosed rock (gabions or mattresses)
Rigid linings may consist of either cast -in -place concrete or grouted rip -rap. The use of
rigid linings for roadside ditches is discouraged.
P. Erosion Control:
The designer shall verify that both temporary and permanent vegetative linings are suited
to the hydraulic conditions of the channel for which they are specified and are capable of
resisting erosion until they are permanently established. Sod should be placed parallel to
the direction of flow and should be secured in place with pins or staples. Seeded grasses
should incorporate erosion control blankets to insure soil stability until permanent
vegetation is established. Ditches subject to highly erosive flows may require the use of
permanent turf reinforcement mats.
The temporary erosion control plan during construction shall be sufficient to prevent
sedimentation of drainageways, drainage structures and flood plain areas that could result
in reduced flow capacity, excessive bank erosion, erosion around structures or damage to
adjoining property.
The permanent erosion control plan shall be sufficient to:
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• Permanently stabilize all disturbed areas with permanent vegetation, including slopes
and embankments.
• Prevent erosion from exit velocities at outlets of culverts
• Prevent gullying and scouring of roadside ditches and open channels from excessive
shear stress through vegetation, linings, retention blankets, drop structures, etc. both
during and after the vegetation establishment period.
• Protect the integrity of all structural improvements and prevent excessive continuing
sedimentation from unstable right -of -way areas into drainage structures, channels and
roadway ditches.
Reference 0604.7 "Vegetative Best Management Practices" for additional information and
criteria.
Q. DRIVEWAY CROSSINGS
Minimum Size:
Driveway culverts shall be sized to pass the 10 -year (10% return frequency) ditch flow
capacity without overtopping the driveway. The minimum size for driveway culverts shall
be 18 inches in diameter for round pipe or an equivalent cross - sectional area for arch or
elliptical shapes. Culverts shall be designed using inlet control.
Construction Material:
Construction materials listed in 0510.2 A are acceptable for driveway culvert construction.
In addition, corrugated metal pipe (CGMP) conforming to ODOT Standard Specifications
for Highway Construction (1999 or latest edition) Section 726.02 (b) 1 and 2 shall be
acceptable. Driveway culverts constructed of High Density Polyethylene (HDPE) Pipe are
acceptable only if the driveway is constructed of concrete of no less than 6 inches thickness.
Minimum Cover:
Driveway culverts shall be provided with the minimum cover recommended by the pipe
structural design requirements or 1 foot, whichever is greater.
Minimum Slope:
A minimum slope shall be provided to maintain a minimum velocity of 2.5 feet per second
through the culvert for the design flow.
Culvert End Treatments:
All driveway culverts shall be provided with end treatments on the upstream and
downstream ends of the culvert to protect and maintain the integrity of the culvert opening.
ODOT Standard Sloped Concrete End Treatments conforming to ODOT Standard Drawing
R -80 (AE -DE) are acceptable. Other end sections must be submitted to the Engineer for
approval.
Design and Construction of Driveway Culverts:
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Additional information must be included in the drainage report and on the construction
drawings for new subdivisions where the use of roadside ditches and driveway culverts is
proposed. Driveway culverts shall be sized for each lot in the subdivision based on the
tributary area at the downstream lot line. The construction drawings shall include
information regarding sizes, materials, locations, lengths, grades and end treatments for all
driveway culverts. Typical driveway crossing/culvert details shall be included in the
drawings.
Maintenance:
Maintenance responsibilities for driveway culverts shall be included and explained in the
subdivision covenants.
4.2.9 Sanitary Sewer System:
A. Unless an exemption is granted in writing by the City Engineer, all lots platted within
the Owasso city limits shall be provided with a connection to sanitary sewer. All
connections shall be subject to the approval of the City Engineer and be in accordance
with the regulations of the Oklahoma State Department of Health.
B. Where a public sanitary sewer system is not reasonably accessible but where plans for
the installation of private sanitary sewers in the vicinity of the subdivision have been
prepared and approved by the Oklahoma State Department of Health, the subdivider
shall install sewers in conformity with such plans.
4.2. 10 Utilities: All utilities shall be installed within easements specified on the
subdivision plat.
4.3 CONSTRUCTION PLANS
The Subdivider shall submit six (6) sets (one marked set of which will be returned to the
applicant) each of the Construction Plans for streets, drainage and detention, sanitary
sewer and water systems, including off -site systems and erosion control. The
Construction Plans shall show basic horizontal configurations, connections to existing
utilities, sizes and locations of proposed lines, proposed street widths and horizontal
curves, locations of storm sewers and detention facilities.
Six (6) sets of prints of the proposed plans and specifications for all improvements
required by these regulations shall be prepared by a qualified registered engineer and
filed with the City Engineer.
4.4 CITY ENGINEER REVIEW
Upon completing his review, the City Engineer shall submit his comments to the
Subdivider. All comments suggesting revision shall be accompanied by a reference to
appropriate sections of the Subdivision Regulations or Design Criteria. The City
Engineer's comments shall be delivered to the Subdivider. The return to the Subdivider
of the construction plans by the City Engineer, along with the City Engineer's comments,
if any, shall constitute a permit for the construction of public improvements; provided,
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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
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As -Built plans need to be submitted to the City Engineer within ninety (90) days of
acceptance of all improvements by the City Council.
The As -Built Construction Plans shall certify:
A. That all required improvements are complete,
B. That the subdivision improvements are in compliance with these regulations and the
Owasso Design Criteria,
C. That the subdivider 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.
CHAPTER 5. FEES
5.1 AREA PARK, RECREATIONAL, AND CULTURAL REQUIREMENTS
All residential subdivision plats having a dwelling unit density of greater than one unit
per acre shall dedicate, according to the requirements hereinafter specified, a fee to be
utilized by the residents of the subdivision and the City of Owasso.
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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.
5.1.3 Fee Structure
A. Fee Imposed: A $300 (or a sum approved by the City of Owasso after the adoption of
these regulations) recreation development fee is hereby imposed on the privilege of
constructing any residential dwelling unit or mobile home lot in the City of Owasso and
every person to whom a permit to construct a residential dwelling unit is issued, shall pay
to the City of Owasso such fee.
5.1.4 Park and Recreational Capital Fund
A. All fees collected under this Ordinance shall be placed in the Parks and Recreation
Capital Fund.
B. Use of Funds
1. All Parks Development fees collected under this Ordinance shall be used and
expended for the acquisition, purchase, developing, improving and equipping public
parks, playgrounds, cultural and recreational facilities located in the corporate limits of
the City of Owasso and shall never be used for operating public park facilities, or any
other purpose.
2. All Parks Development fees collected under this Ordinance shall also be used for the
development of any of the above described facilities constructed or installed within or
upon public property owned by the City of Owasso or property in which the City has a
leasehold interest or where the City is given a right to use the same for public playground
or recreational purposes. All such funds shall be spent in areas reasonably close to where
they are collected.
C. Purchase of Land: At such time as the Council, based upon the recommendations of
the Planning Commission, determines that there are sufficient funds achieved from a
certain area in the Park and Recreation Capital Fund for the acquisition, purchase,
developing, improving and equipping public parks, playgrounds, cultural and
recreational facilities located in the corporate limits of the City of Owasso, the Council
shall cause negotiations to be undertaken to purchase the site by mutual agreement or by
condemnation proceedings. The principal and interest deposited and kept in the Park
Capital Fund shall be used solely for the purposes of purchasing land for area parks,
recreation and cultural uses.
5.1.5 Place of Payment: The residential development fee shall be paid at the time of
purchase of the building permit in the office of the Building Inspection Department of
the City of Owasso.
5.1.6 Refund of Fees: Any fee paid to the City under this Ordinance for any residential
dwelling unit which is not constructed shall be refunded upon application of the applicant
and a showing to the satisfaction of the Building Inspector that the building or unit has
not been constructed or construction commenced and that the building permit issued for
the building or unit has been canceled or surrendered or otherwise does not authorize the
construction of the building or unit.
5.1.7 Exemptions: The fee imposed under this Article shall not apply to the following:
A. Construction or reconstruction of a residential dwelling unit which was damaged or
destroyed by fire, flood, or other cause over which the owner had no control (provided
that compliance with any building code or other ordinance requirement of the City of
Owasso or of any other applicable law shall not be deemed a cause over which the owner
has no control), but only if the number of bedrooms in the dwelling unit is increased,then
the fee imposed under this ordinance shall apply to such increased number of bedrooms.
B. Enlargement, expansion, remodeling and/or alteration of a residential dwelling unit
but only if the number of bedrooms therein is not increased. If the number of bedrooms
in the dwelling unit is increased, then the fee imposed under this ordinance shall apply to
such increased number of bedrooms.
5.1.8 Provision for the Dedication of Lands in Lieu of Fees: The City Council, at its sole
option, may accept the dedication or reservation of suitable sites for area parks,
playgrounds, cultural facility or other public recreational area providing that the land to
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.
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In any event, land must be free and clear of any mortgages or liens at the time of such
dedication or conveyance.
B. The value of real estate dedicated for recreation or cultural purposes shall be
determined as the price of the land at the time of purchase by the land owner who is
making application for subdivision. Usability of land for development should be
considered when establishing the price (for example, development of flood prone land is
restricted by ordinance).
C. If agreement cannot be reached as to the credit for the real estate, an arbitration
procedure shall be invoked. The City and the applicant shall each select the name of one
arbitrator and shall immediately thereafter notify each other in writing of the name and
address of the person so selected. The two arbitrators so selected and named shall agree
upon and select a third arbitrator. The decision of the arbitration panel shall be final.
5.1.9 Private Recreation Facilities Credit: When a master plan of development allocates
space for a private recreational facility, with usage not open to the general public, to
serve three or more residential dwelling units such as, but not limited to, the following:
swimming pool, tennis court, recreational building or center, recreational facility area,
developed open space, or combination of any of the above, the Council may waive part
or all of the fee established by this Article. The size, quality and design of such facility
which will entitle such dwelling units to a credit on the fee otherwise required, and the
amount of such credit shall be determined by negotiation between the parties. If
agreement cannot be reached, an arbitration procedure, specified in Section 4.11.8.C,
shall be invoked.
5.1.10 Residential Planned Unit Development Credit: The City Council, in the case of a
Residential Planned Unit Development, may waive part or all of the fee established in
this Article. Such waiver may be granted when, in the opinion of the Council, common
areas, created and developed in a Residential Planned Unit Development pursuant to
Chapter 8 of the zoning Code; Article II, 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.
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5.2 EMERGENCY SIREN FEE
In order to provide adequate warning of severe weather for newly developing areas of
Owasso, an emergency siren fee shall be assessed on each acre of a newly created
subdivision. The emergency siren fee shall be assessed before the approval of the final
plat by the City Council and shall be considered a condition for plat approval.
5.2.1 Fees
A. Fee Imposed: An emergency siren fee is hereby imposed on the privilege of
subdividing any land within the City of Owasso and every person subdividing land
within the City of Owasso, shall pay to the City of Owasso such fee at the following rate:
B. Fee Schedule: Thirty -five ($35), unless a different amount is required by the City of
Owasso after the adoption of these regulations, per each acre subdivided.
C. Use of Funds: All fees collected under this Ordinance shall be used and expended for
the acquisition and/or purchase of emergency sirens only.
5.2.2 Place of Payment: The emergency siren fee shall be paid prior to recording the
subdivision plat. Said fee shall be paid in the Office of the City Planner.
5.2.3 Refund of Fees: Any fee paid to the City under this Ordinance for any subdivision
which is not recorded shall be refunded upon application of the applicant. Application for
refund must be received by the City Planner within two (2) years of the date of City
Council approval.
5.3 SANITARY SEWER PAYBACK FEES
In order to provide reimbursement to the City of Owasso for the cost of extending
sanitary sewer lines to drainage basins in various parts of the community, sanitary sewer
payback fees shall be assessed on a per acre basis to new residential and commercial
subdivisions that connect to municipally- funded sanitary sewer mains. These various
sanitary sewer payback fees shall be payable upon approval of the final plat.
CHAPTER 6. CHANGE OF LIMITS OF ACCESS
6.1 INTENTIONS
When land has been platted under this Regulation, or under other applicable law, and the
owner of all land affected proposes to add limits of no access to the plat, or to remove or
otherwise alter limits of no access on the plat, such action shall not require replatting, nor
shall it require vacation of the old plat.
6.2 APPLICATION
The owner shall request the change of limits of access in writing to the City Planner, pay
the application fee and shall submit drawings of the proposal. The Technical Advisory
Committee shall review the proposed change of access and evaluate whether the
proposed changes would increase problems with the public traffic flow, utility easements
and the implementation of various plans adopted by the City, or would create problems
with the flow of traffic on private streets owned by persons other than the applicant. The
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Community Development Department shall review the proposed change of access and
either approve, approve with conditions or disapprove.
6.3 Specifications: The drawing shall include the proposed changes and all existing curb
cuts, buildings, drives, parking areas, easements, and other relevant items with their
distances from lot lines and adjacent streets.
CHAPTER 7. LOT SPLITS
7.1 INTENTIONS AND DEFINITION
This chapter is intended to provide for a simplified method of regulation of the
subdivision of small numbers of lots while still requiring that such subdivision meets all
the requirements of applicable ordinances and regulations.
A lot split is a minor subdivision of previously subdivided land. The Planning
Commission may approve a lot split that creates not more than three (3) lots fronting on
an existing, dedicated street, not involving any new street or road, or the extension of
municipal facilities, or the creation of any public improvements, and not adversely
affecting the remainder of the parcel or adjoining property, and not in conflict with any
provision or portion of the Comprehensive Plan, Zoning Ordinance (unless approved by
the Board of Adjustment) or these regulations.
7.2 APPLICATION PROCEDURE
The subdivider shall submit the lot split application to the City Planner on forms
provided by the Planner, pay the application fee in an amount as provided by ordinance,
and shall submit drawings of the proposal in accordance with the following
requirements:
7.2.1 Copies: Unless instructed otherwise by the City Planner, one AutoCAD electronic
copy and three copies of a scaled drawing shall accompany the application.
7.2.2 Specifications: The drawings shall include all existing and proposed lot lines, all
existing easements, all existing buildings and improvements and their distances from lot
lines, adjacent streets and their widths, and a north arrow and scale. At the discretion of
the Planning Commission, a detailed survey prepared by a registered land surveyor may
be required.
7.2.3 Size: The subdivider is encouraged to limit drawing sizes to 8' /z" 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.
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.
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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.
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
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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.
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.
CHAPTER 8. BUILDING PERMITS
8.1 INTENTIONS
Building permits shall be issuable after completion of the following items:
A. Final Plat Recorded. The final plat shall have been approved by the City Council,
certified, recorded with the appropriate county clerk, and certified originals returned to
the City Planner as provided herein.
B. City Engineer Approval. The City Engineer shall have approved the construction
plans for water, sanitary sewer, storm sewer and streets.
C. Health Department Approval. The Oklahoma Department of Health shall have issued
certification numbers for the water and sanitary sewer plans.
D. Water and Sanitary Sewer. The water and sanitary sewer utilities shall have been
constructed per approval plans, inspected by the City Engineer and accepted for
maintenance by the City Council or another political subdivision having jurisdiction over
said utilities. Further, the Subdivider shall have delivered a two year maintenance bond
to the Public Works Director as required herein. Upon acceptance of water and sanitary
sewer utilities, up to 10% of the lots in a residential subdivision may be made eligible for
building permits.
E. Streets and Storm Sewer. Construction plans shall have been approved by the City
Engineer and either:
(1) the street and storm sewer improvements have been accepted for maintenance by the
City Council and a two year maintenance bond delivered to the Public Works Director;
or (2) the subdivider has delivered to the Public Works Director a two -year performance
bond or other surity for these improvements.
CHAPTER 9. DEFINITIONS AND USAGE
9.1 USAGE
For the purpose of these Regulations, certain terms and words are to be used and
interpreted as defined in this Chapter. Where terms are not defined, they shall have their
ordinarily accepted meanings or such as the context may imply.
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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.
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.
CONSTRUCTION PLAN: The maps or drawings prepared by a registered professional
engineer accompanying a subdivision plat and showing the specific location and design
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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.
DEDICATE: To set apart a portion of the area of a subdivision to a specific use(s) or to
the public or to a specific group.
DETENTION: The act of detaining stormwater as outlined in the Owasso Design
Criteria.
DEED OF DEDICATION: That portion of a plat that dedicates an area of a subdivision.
DESIGN CRITERIA: Engineering standards used in the design and construction of
subdivision improvements.
DEVELOPER: The owner of land proposed to be subdivided or a designee.
DEVELOPMENT: A tract of land which is subdivided and provided with all necessary
utilities and public improvements.
DISTRICT COURT: The District Court of Tulsa County, Oklahoma or Rogers County,
Oklahoma.
DOUBLE FRONTAGE: A situation in which a lot has access on two streets that do not
intersect.
EASEMENT: Authorization by a property owner for the use by another, and for a
specific purpose, of any designated part of his property.
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.
9M
IMPROVEMENTS, REQUIRED: Any improvement required by the Planning
Commission and City Council as a condition of approval of a subdivision plat.
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.
MAYOR: The Chief elected official of the City of Owasso, Oklahoma.
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 IMTROVEMENTS: See IMPROVEMENTS, OFF -SITE in this section.
OWNER: A person or any other legal entity having legal title to or sufficient proprietary
interest in the land sought to be subdivided under these regulations.
PERMIT TO CONSTRUCT: A Permit required by the City of Owasso, Oklahoma
before any subdivision improvement construction is commenced.
PLANNED UNIT DEVELOPMENT (PUD): A discretionary type of development for a
tract of land under single ownership or control, based upon an approved development
plan permitting flexibility of principal land uses, lot sizes and accessory uses not
otherwise available under conventional development standards.
PLANNING COMMISSION: The Owasso Planning Commission as established in
accordance with state law by city ordinance.
PLAT, FINAL: The final map or record of a subdivision and any accompanying
material, as described in these regulations, based on a Preliminary Plat with revisions, if
any, to be submitted to the Planning Commission and City Council for approval, denial,
or approval with conditions.
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.
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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.
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.
REVERSE FRONTAGE: That side of a lot abutting on a street or way which no access
is available for the lot. See FRONTAGE and DOUBLE FRONTAGE in this section.
RIGHT -OF -WAY: A parcel of land, usually a strip, occupied or intended to be occupied
by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water
line, sanitary or storm sewer facility, or for any other public use. The use of the term
right -of -way for land platting purposes in connection with these regulations shall mean
that every right -of -way hereafter established and shown on a final plat is to be separate
and distinct from the lots and parcels adjoining such right -of -way and not included
within the dimensions or areas of such lots or parcels. Rights -of -way intended for any
use involving maintenance by a public agency shall be dedicated to public use by the
owner of the land which is being subdivided.
SEPARATE INSTRUMENT: A document that dedicates land or accomplishes some
other task and is filed of record separately from the original subdivision plat documents.
SETBACK: The distance between a building and the nearest street right -of -way line or
property line. Also see BUILDING SETBACK LINE in this section.
STREET: A public or private right -of -way which affords the primary means of access to
abutting property or serves as a thoroughfare for vehicular traffic, or both, but excluding
alleys.
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, 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.
STREET, SERVICE ROAD: A minor street which is parallel and adjacent to major
streets, trafficways, highways or railroad rights -of -way and which provides access to
abutting properties and protection from through traffic.
SUBDIVIDER: A person undertaking the subdivision or resubdivision of a lot, tract or
parcel of land into two or more lots, or other subdivision of land for the purpose of
..�
transfer of ownership or development, whether immediate or future, including all
changes in lot lines.
SUBDIVISION: Any division of land into four (4) more lots, tracts or parcels for the
purpose of transfer of ownership or development, whether immediate or future, or any
resubdivision of land.
TECHNICAL ADVISORY COMMITTEE (T.A.C.): A committee composed of public
officials and utility company representatives to review and study all plats and minor
subdivision proposals and make recommendations concerning those subdivisions to the
Planning Commission.
ZONING CODE: A city ordinance regulating land use in the city.
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
APPROVED BY COUNaL
NOV 042008
SUBJECT: ORDINANCE FOR THE UPDATE TO THE OWASSO SUBDIVISION
REGULATIONS
DATE: October 29, 2008
BACKGROUND:
Last adopted on October 18, 1994, the Owasso Subdivision Regulations provide for the arrangement of
parcels of land in Owasso for residential, office, commercial, and industrial uses and for public needs, such
as streets, easements, etc. How land is divided for these various uses impacts the health, safety, economy,
and quality of life in the city to a large degree. In an effort to ensure that Owasso's quality of life regulations
are maintained in a fashion that keeps up with the modern realities of the community, the staff has
undertaken an update to the subdivision regulations.
CITY COUNCIL AND PLANNING COMMISSION REVIEW:
At their October 13, 2008 meeting, the Planning Commission conducted a public hearing to discuss the
subdivision regulations update. At the public hearing, the Planning Commission voted 4 — 0 to recommend
approval of the proposed code. Subsequently, the Owasso City Council approved the proposed update at
their regular meeting on October 21, 2008.
STAFF RECOMMENDATION:
The staff recommends City Council approval of Ordinance No. 931, formally documenting Council action
taken October 21, 2008 to approve the update to the subdivision regulations.
ATTACHMENTS:
1. Proposed Ordinance No. 931
2. Subdivision Regulations