Midwest City, Oklahoma Code of Ordinances Chapter 38: Subdivision Regulations

Transcription

1 2012 Midwest City, Oklahoma Code of Ordinances Chapter 38: Subdivision Regulations Adoption Date: 8/14/2012

2 Table of Contents Article I. General Provisions... 5 Section Preamble... 5 Section Authority... 5 Section Purpose... 5 Section Applicability... 7 Section Documents Comprising Subdivision Rules... 7 Section Compliance with City Plans and Ordinances... 7 Section Adoption and Amendment of Subdivision Regulations... 8 Section Fees... 8 Section Reserved... 8 Section Reserved... 8 Article II. Decision-Maker Authority... 9 Section General Provisions... 9 Section Responsible Official Assigned Section Summary Table of Applications and Decisions Section Reserved Section Reserved Article III. Plats Section General Subdivision and Platting Procedures Section Sketch Plat Section Preliminary Plat Section Final Plat Section Minor Plat Section Replat Section Amending Plat Section Correction of Errors in Plats, without Amending Plats Section Plat Vacation Section Reserved Section Reserved Article IV. Construction Plans and Procedures Section Construction Plans Section Pre-Construction Meeting Section Construction Release Section Timing of Public Improvements Section Inspection, Maintenance, and Acceptance of Public Improvements Section Reserved Section Reserved Table of Contents Page 2 of 176

3 Article V. Application Submittal and Processing Procedures for all Plats and Plans Section Definition of an Application Section Pre-Application Meeting Section General Application Contents Section Initiation and Complete Application Section Application Processing, Action, and Notification Following Decision Section Amendments and Expiration Section Reserved Section Reserved Article VI. Subdivision Standards Section General Policies Section Water and Wastewater Requirements Section Drainage and Environmental Standards Section Street Requirements Section Thoroughfare Screening Section Sidewalks Section Subdivision Design Section Subdivision Amenities Section Homeowners Association (HOA) Requirements Section Parks and Open Space Dedication Section Parks and Open Space Design and Trails Section Tree Preservation Section Retaining Wall Construction and Easements Section Reserved Section Reserved Section Reserved Section Reserved Article VII. Relief from Subdivision Standards Section Petition for Subdivision Waivers Section Subdivision Proportionality Appeal Section Vested Rights Petition Section Reserved Section Reserved Article VIII. Definitions Section Usage and Interpretation Section Definitions Article IX. Figures and Tables Table of Contents Page 3 of 176

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5 Article I. General Provisions Section Preamble Sec Orderly, Planned, Efficient and Economical City Development It is hereby declared to be the policy of the City to consider the subdivision of land and its subsequent development to be subject to control by the City pursuant to the Comprehensive Plan for the orderly, planned, efficient, and economic development of the City. Sec Public Health, Safety, and Welfare Safety Land shall not be subdivided unless it is of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace. Public Facilities and Improvements Land shall not be subdivided until public facilities and improvements or proper provision has been made for necessary improvements such as drainage, water, sanitary sewer, and transportation facilities. Sec Conformance Comprehensive Plan and Capital Improvement Program Existing and proposed Public Improvements shall conform to the intent of and be properly related to the policies of the Comprehensive Plan and the capital improvement program of the City. Supplement and Facilitate the Enforcement of Various Regulations It is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in the building and housing codes, the Zoning Ordinance, the Comprehensive Plan, the transportation plan map, the streets and sidewalks ordinance, the water and sewer ordinance and the capital improvement program of the City and other controlling provisions of the Midwest City Code and other applicable laws, rules, and regulations. Section Authority These subdivision regulations and minimum standards for land development are adopted under the authority granted by Title 11, Oklahoma Statutes, Section et seq., as well as other applicable statutes, ordinances or regulations of the City and the State of Oklahoma. Section Purpose Sec Protection of Public and Private Interest The development and subdivision of land, as they affect a City s quality of life, are activities for which regulation is a valid function of City government. The regulations contained within this Subdivision Ordinance are intended to protect the interests of the public and of private parties by granting certain rights and privileges. Sec Fair and Rational Procedures The requirements in this Subdivision Ordinance are also intended to establish a fair and rational procedure for developing and subdividing land such that land will be developed in accordance with existing physical, social, economic, and environmental conditions. Article I: General Provisions Page 5 of 176

6 Sec Provisions for Platting and Developing Subdivisions The provisions of this Subdivision Ordinance are intended to implement standards and requirements provided for herein, and shall be requirements for the platting and developing of Subdivisions within the City. Objectives The provisions of this Subdivision Ordinance are intended to implement the following objectives: (1) To protect and provide for the public health, safety, and general welfare of the City. (2) To guide the future growth and development of the City, in accordance with the Comprehensive Plan. (3) To provide for adequate light, air, and privacy, to ensure safety from fire, flood, and other danger, and to prevent overcrowding of the land and undue congestion of population. (4) To protect the character and the social and economic stability of all parts of the City and to encourage the orderly and beneficial development of all parts of the City. (5) To protect and conserve the value of land throughout the City and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings. (6) To guide public and private policy and action in order to provide adequate and efficient transportation systems, water and sewerage facilities, schools, parks, playgrounds, recreation, and other public services and facilities. (7) To provide the most beneficial relationship between the uses of land and buildings, and the circulation of traffic throughout the City, having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines. (8) To establish reasonable standards of design and procedures for subdivisions and re-subdivisions, in order to further the orderly layout and use of land; and to ensure proper legal descriptions and monumenting of subdivided land. (9) To ensure that public facilities are available and will have a sufficient capacity to serve the proposed Subdivision. (10) To prevent the pollution of air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources throughout the City in order to preserve the integrity, stability, and beauty of the community and the value of the land. (11) To provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of land as established in the Zoning Ordinance. Article I: General Provisions Page 6 of 176

7 Section Applicability Sec Development within the City Limits Subdivision Applicability Scenarios These subdivision regulations and development standards shall apply to the following forms of land subdivision within the City s corporate limits. (1) The division of land into two (2) or more tracts, lots, sites or parcels, any part of which when subdivided shall contain less than ten (10) acres in area; or (2) The division of land previously subdivided or platted into tracts, lots, sites or parcels of ten (10) acres or less in area; or (3) The dedication, vacation or reservation of any public or private easement through any tract of land regardless of the area involved, including those for use by public and private utility companies; or (4) The dedication or vacation of any street or alley through any tract of land regardless of the area involved. Section Documents Comprising Subdivision Rules The provisions of this Subdivision Ordinance, the standards governing constructed facilities applicable to Plats in other portions of the City Code of Ordinances, and the technical standards contained in the Engineering Standards Manual and Construction Details, constitute the subdivision rules of the City, which apply to Applications for Plat approval inside City limits. Section Compliance with City Plans and Ordinances Compliance with all City ordinances pertaining to the subdivision and development of land, and the Comprehensive Plan (where applicable), shall be required prior to approval of any Application pursuant to this Subdivision Ordinance. All such ordinances and the Comprehensive Plan shall be construed to mean those documents as they exist or may be amended. It is the property owner s responsibility to be familiar with, and to comply with, City ordinances, the Comprehensive Plan, and the provisions of this Subdivision Ordinance. Applicable City Code, Ordinances, and Plans Applicable City codes, ordinances, and plans with which all Applications must comply include, but are not limited to, the following. (1) Comprehensive Plan (including all associated maps and plans); (2) Zoning Ordinance; (3) Trails Master Plan; (4) Building Codes; (5) Drainage System Design Requirements; (6) International Fire Code; (7) Storm Water Quality and Land Disturbance Requirements; (8) Other Applicable portions of the City Code of Ordinances; (9) Applicable Fee Ordinance/Fee Schedule; (10) Park Dedication Ordinance; Article I: General Provisions Page 7 of 176

8 (11) Engineering Documents including: a. Engineering Standards Manual and Construction Details, and b. Other development-related engineering standards; (12) Federal, State, and Local Environmental Regulations. Section Adoption and Amendment of Subdivision Regulations The City Council may adopt, amend, and make public rules and regulations for the administration of these regulations to the end that the public is informed and that approval of Plats is expedited. Section Fees The following fees for filing Plats with the City shall be paid to the city clerk at the time of submission. Table 1: Fee Schedule Type of Plat Fee (1) Less than 10 acres--$ plus $2.00 per lot Preliminary Plat (2) 10 through 40 acres--$ plus $2.00 per lot (3) More than 40 acres--$ plus $2.00 per lot Final Plat $ Minor Plat $ Replat $ Amending Plat $ Section Reserved Section Reserved Article I: General Provisions Page 8 of 176

9 Article II. Decision-Maker Authority Section General Provisions Sec Source of Authority Officials and Decision-Makers Authority under this Subdivision Ordinance shall be vested in and delegated to the officials and Decision- Makers designated in this Article II and under the City's charter, and the City Code, and Oklahoma Statues Title 11. This authority shall be deemed supplemental to any other authority lawfully conferred upon the officials and Decision-Makers. Omission The omission of a citation in this Subdivision Ordinance to any authority conferred upon the officials and Decision-Makers under the City's charter, the City Code, or Oklahoma Statues, or the failure to identify in this article authority conferred by other provisions of this Subdivision Ordinance, shall not be construed as limiting the actions of such officials and Decision-Makers taken in accordance with and in reliance upon such authority. Sec Implied Authority The officials and Decision-Makers shall have all implied authority necessary to carry out the duties and responsibilities expressly delegated by Oklahoma Statues Title 11 and this Subdivision Ordinance, to the extent that the implied authority is not in conflict with the expressly delegated authority. Sec Limitation on Authority (C) City Policy It is the policy of the City that the standards and procedures applicable to development of property within the City limits are as stated in this Subdivision Ordinance, notwithstanding any representation by any City official summarizing, paraphrasing or otherwise interpreting such standards to the contrary, whether generally or as applied to development of a specific property. Likelihood of an Outcome (1) The Applicant shall not rely on any representation made by an employee of the City, a member of an appointed board or commission, or a member of the City Council concerning the likelihood of an outcome of that official's decision or the decision of an appointed board or commission or the City Council, on any Application that has yet to be filed or is pending before the City. (2) An official may, however, convey information concerning that official's position on a pending Application in accordance with his/her role as the Responsible Official for such Application or as the City staff contact person. Effect of Approval (1) The City's approval of an Application under the standards and procedures of this Subdivision Ordinance does not guarantee or ensure that development of the property in accordance with the standards will prevent, minimize or mitigate harm to adjoining property. (2) A person who undertakes development activities shall not rely on the City's approval of an Application as ensuring that the development activities will not result in harm to adjoining property. (3) The regulations contained in this Subdivision Ordinance constitute an exercise of the City's governmental authority, and approval of an Application shall not give rise to any liability on the part of the City or its officers, agents and employees, nor will an approval release the applicant from any Article II: Decision-Maker Authority Page 9 of 176

10 liability for harm arising out of development of the property under applicable law. (D) No Waivers, Unless Specified (1) Except as expressly provided for in this Subdivision Ordinance, no official, board or commission of the City, or the City Council, shall have authority to waive any requirement or standard for an Application. (2) Any attempted waiver of a requirement or standard for an Application in contravention of this Article II shall hereby be deemed null and void, and, upon discovery, shall be grounds for revocation of a permit or approved Application. Sec Conflicting Provisions Interpretation Interpretation of Conflicting Provisions If any of the provisions of this Subdivision Ordinance are in apparent conflict, the Director of Community Development shall, after due consideration as to the purpose and intent of each conflicting provision, make a determination as to which provision shall apply. Appeal of an Interpretation of Conflicting Provision The Director of Community Development shall make every effort to be fair and consistent in such interpretations, and his/her decision may be appealed to the City Council, unless otherwise noted. Section Responsible Official Assigned Sec Responsible Official The Responsible Official shall be the Director of a designated City department who is assigned responsibility under this Subdivision Ordinance for taking the following actions with regard to a particular type of Application authorized under this Subdivision Ordinance: Actions (1) Accepting the Application for filing, and processing the Application; (2) Reviewing and making recommendations concerning the Application; (3) Seeking advice of other City departments, and coordinating any recommendations from such departments concerning the Application; (4) Determining a request for exemption; (5) Preparing reports to and advising any board, commission or the City Council that has responsibility for making recommendations on or deciding the Application; (6) Promulgating additional or modified policies, standards and administrative rules for adoption by the City Council that apply to the Application; (7) Initiating enforcement actions concerning compliance with the standards applicable to the Application and the conditions imposed thereon; and (8) Taking all other actions necessary for administration of the provisions of this Subdivision Ordinance with respect to the Application or petition. Sec Delegation The Responsible Official may delegate the official s authority under this Subdivision Ordinance to subordinate officials, who shall thereupon be deemed the Responsible Official for purposes of carrying out the delegated duties. Article II: Decision-Maker Authority Page 10 of 176

11 Section Summary Table of Applications and Decisions The following table is for illustrative purposes only and if a conflict occurs between this table and the text of this Subdivision Ordinance, then the text shall govern. Table 2: Applications and Decisions Article/Section Application/Decision City Engineer Director of Community Development Planning Commission City Council Article II.Sec Interpretation of Conflicting Provisions Approve Article II.Sec Appeal of an Interpretation of Conflicting Provision Approve Article V.Sec Date and Notification for the Pre-Application Meeting Approve Article V.Sec Waiver of Right to 60-Day Action Approve Article III.Section Sketch Plat Review Article III.Section Preliminary Plat Review Article III.Sec Preliminary Plat Extension Approve Approve (Dual Approval Required) Approve (Dual Approval Required) Article III.Sec (D)(1) Appeal of the Director s Preliminary Plat Extension Decision Approve Article III.Sec (D)(2) Appeal of the Commission s Preliminary Plat Extension Decision Approve Article III.Sec (C) Determination between Minor and Major Amendments to Preliminary Plats Approve Article III.Section Final Plat Review Article III.Sec Minor Plat Review Article III.Sec Replat Review Article III.Sec Amending Plat Approve Approve (Dual Approval Required) Approve (Dual Approval Required) Approve (Dual Approval Required) Approve (Dual Approval Required) Approve (Dual Approval Required) Approve (Dual Approval Required) Article III.Sec Deferral to the Planning Commission of an Amending Plat Decision Approve Article III.Sec Appeal to City Council of an Amending Plat Decision made by the Planning Commission Approve Article III.Section 38-23(3) Plat Correction Certificate Approve Article III.Sec Plat Vacation Prior to Recordation Recommend Approve Article IV.Sec Construction Plans Approve Article IV.Sec Extension of Construction Plans Approve Article IV.Section Pre-Construction Meeting Approve Article II: Decision-Maker Authority Page 11 of 176

12 Table 2: Applications and Decisions Article/Section Application/Decision City Engineer Director of Community Development Planning Commission City Council Article IV.Section Construction Release Approve Article IV.Sec (C) Letter of Final Acceptance Approve Article V.Sec Date and Notification for the Pre-Application Meeting Approve Article V.Sec Waiver of Right to 60-Day Action Approve Article VI.Sec (D) Tree Canopy Management Plan Review Article VI.Sec Tree Mitigation Plan Review Article VII.Sec Minor Subdivision Waiver Approve Approve Approve (Dual Approval Required) Approve (Dual Approval Required) Approve (Dual Approval Required) Approve (Dual Approval Required) Article VII.Sec (1) Appeal to the Planning Commission/City Council of a Minor Subdivision Waiver Decision Approve (First Appeal) Approve (Second Appeal) Article VII.Sec Major Subdivision Waiver Approve Article VII.Sec (1) Appeal to the City Council of a Major Subdivision Waiver Decision Approve Article VII.Section Subdivision Proportionality Appeal Review Recommend Approve Article VII.Sec Decision by the Responsible Official on a Vested Rights Petition Approve Approve Article VII.Sec (C) Decision by the Commission on a Vested Rights Petition Approve Article VII.Sec (D) Article VII.Sec (E) Decision by the City Council on a Vested Rights Petition Appeal to the City Council of a Decision on a Vested Rights Petition Approve Approve Section Reserved Section Reserved Article II: Decision-Maker Authority Page 12 of 176

13 Article III. Plats Section General Subdivision and Platting Procedures Sec Types of Plats Table 3: Types of Plats (below) lists the various type of Plats and the purpose for each Plat. Table 3: Types of Plats Section Plat Purpose Section Section Section Sketch Plat Preliminary Plat Final Plat As the prerequisite to the submission of any and all Plat Applications, the purpose of a Sketch Plat is to serve as a visual aid to the Applicant and Director of Community Development during the Pre- Application Meeting (Section 38-35). The Sketch Plat shall be used to identify major development considerations such as utilities, roadways, drainage concerns, comprehensive plan elements, specific neighborhood characteristics, and historic information. As the first stage in the platting approval process, the purpose of a Preliminary Plat is to determine the general layout of the subdivision, the adequacy of public facilities needed to serve the intended development, and the overall compliance of the land division with applicable requirements of this Subdivision Ordinance. As the second stage in the platting approval process, the purpose of a Final Plat is to ensure that the proposed Subdivision and development of the land is consistent with all standards of this Subdivision Ordinance pertaining to the adequacy of public facilities; that Public Improvements to serve the Subdivision or development have been installed and accepted by the City or that provision for such installation has been made; and that all other requirements and conditions have been satisfied or provided for to allow the Final Plat to be recorded. Section Minor Plat The purpose of a Minor Plat is to provide a limited means for simple land division under certain circumstances, which result in minimal lot creation. In circumstances where adequate infrastructure, easements, and Right-of-Way already exist and the extension of any City facilities to serve any lot within the Subdivision is not required, then a Minor Plat may be suitable as an instrument to subdivide one (1) lot into three (3) or fewer lots. In agreement with the intent of this Subdivision Ordinance, Minor Plats are intended to ensure that public facilities are available and will have sufficient capacity to serve the proposed Subdivision. Additionally, Minor Plats are intended to ensure the future growth and development of the entire City by ensuring new development does not hinder the provision of public facilities and services to neighboring and nearby properties. Section Replat The purpose of a Replat is to resubdivide all or any part of a previously platted subdivision, that is beyond the definition of an Amending Plat and which does not require the vacation of the entire preceding Plat. Section Amending Plat The purpose of an Amending Plat shall be to provide an expeditious means of making minor revisions to a recorded Plat. The Amending Plat allows these minor revisions without the need of filing a Plat Correction Certificate. Furthermore, the Amending Plat goes beyond the scope of a Plat Correction Certificate and provides a means to relocate any lot line or to combine lots. An Amending Plat does not allow for the creation of new lots and is designed only to modify existing recorded Plats. Article III: Plats Page 13 of 176

14 Sec Plats Required for Land Subdivision A Final Plat or Minor Plat shall be approved prior to any land division that is subject to these regulations and prior to commencement of any new development. Sec Replats and Amending Plats Replat A Replat in accordance with State Law and the provisions of Section Replat shall be required any time a platted, recorded lot is further divided or expanded, thereby changing the boundary and dimensions of the property. Amending Plat In the case of minor revisions to recorded Plats or lots, an Amending Plat may also be utilized if in accordance with Section Amending Plat. Sec Exemptions The following land divisions are exempt from the requirements of this Subdivision Ordinance that apply to Plats. Cemeteries Use of existing cemeteries complying with all State and local laws and regulations. Division of Land Created by Order of a Court A division of land created by order of a court of competent jurisdiction. However, prior to construction of improvements, a Plat meeting the requirements of this Subdivision Ordinance shall be approved and recorded prior to the issuance of permits. Sec Zoning (C) Conformance with Existing Zoning All Applications shall be in conformance with the existing zoning on the property. Request to Rezone First If an Applicant seeks to amend the zoning for the property, the request to rezone the land shall be submitted and approved prior to acceptance of an Application for filing, unless as otherwise provided below. (1) The Applicant may request approval from the Director of Community Development to submit an Application simultaneous with the zoning change request, in which case the Application for the zoning amendment shall be acted upon first, provided that the Application is accompanied by a properly executed Waiver of Right to 60-Day Action (due to the more lengthy time frame necessary to advertise and process zoning Applications). (2) In the event that the requested zoning amendment is denied, the Application shall also be rejected or denied. Zoning Ordinance Site Plan Approval Where Site Plan approval is required by the Zoning Ordinance prior to development, no Application for a Final Plat approval shall be accepted for filing until a Site Plan has been approved for the land subject to the proposed Plat. Article III: Plats Page 14 of 176

15 Sec Plat Approval Process & Staff Review Two-Stage Process (1) The platting process involves two approval stages: Submission and approval of a Preliminary Plat and the subsequent submission and approval of a Final Plat. (2) Exceptions to the requirement of a Preliminary Plat. A Preliminary Plat is not required when a Minor Plat is submitted (Section Minor Plat). Staff Review Unless otherwise specified under the regulations for a specific type of plat: (1) The Director of Community Development shall be the Responsible Official for a Plat, and shall be responsible for the initial review of a Plat for conformance with this Subdivision Ordinance and any other applicable ordinances of the City. (2) The Director of Community Development shall review all Applications for completeness (refer to Section Initiation and Complete Application) based on a checklist supplied by the Director of Community Development. (3) The Director of Community Development shall then review all Applications that are deemed complete for conformance with this Subdivision Ordinance and with other applicable City regulations. Section Sketch Plat Sec Purpose Visual Aid The purpose of a Sketch Plat shall be to serve as a visual aid to the Applicant and Director of Community Development during the Pre-Application Meeting (Section 38-35). Identify Major Development Considerations The Sketch Plat shall be used to identify major development considerations such as utilities, roadways, drainage concerns, comprehensive plan elements, specific neighborhood characteristics, and historic information. Sec Sketch Plat for Pre-Application Meeting A Sketch Plat shall be prepared by the Applicant. The Applicant shall bring the Sketch Plat to the Pre-Application Meeting, but is not required to submit the Sketch Plat prior to the Pre-Application Meeting. Sec Sketch Plat Standards The Sketch Plat shall be a freehand pencil sketch or computer drawn sketch to approximate scale showing streets, lots, public areas, and other significant features. Article III: Plats Page 15 of 176

16 Section Preliminary Plat Sec Purpose The purpose of a Preliminary Plat shall be to determine the general layout of the subdivision, the adequacy of public facilities needed to serve the intended development, and the overall compliance of the land division with applicable requirements of this Subdivision Ordinance. Applicant has Pre-Application Meeting with Staff Sec Accompanying Materials Preliminary and Other Types of Plans An Application for a Preliminary Plat shall be accompanied by the following: Preliminary Plat Submitted by Applicant (1) Preliminary Storm Water Management Plan (Sec ); (2) Preliminary Drainage Plan (Sec ); (3) Preliminary Utility Plan (Sec ); (4) Approved dedication of parks/open space or fees (Section 38-51), if necessary; (5) Preliminary Site Development Plan; (6) Street Layout Plan; "Determination of Completeness" performed by City Staff and establishes the application's "Official Filing Date" (C) (7) Street Signage and Striping Plan; (8) Tree Canopy Management Plan or Tree Mitigation Plan; and (9) Other plans if deemed necessary for thorough review by the Director of Community Development or the City Engineer. Multiple Plans Multiple plans may be shown on one sheet per the Director of Community Development s approval. Current Title Commitment Planning Commission acts within 60 Days from Official Filing Date The Applicant shall furnish with the Application to the City a current title commitment issued by a title insurance company authorized to do business in Oklahoma, a title opinion letter from an attorney licensed to practice in Oklahoma, or some other acceptable proof of ownership, identifying all persons having an ownership interest in the property subject to the Preliminary Plat. Sec Review Action by the Director of Community Development City Council Acts within 60 Days from Planning Commision Decision Figure 1: Preliminary Plat The Director of Community Development shall: (1) Initiate review of the Plat and accompanying plans as noted in Sec (2) Request written comments from other City departments. (3) Upon determination that the Application is ready to be acted upon, schedule the Preliminary Plat for consideration on the agenda of the next available meeting of the Commission. Article III: Plats Page 16 of 176

17 Sec Approval Action by the Planning Commission The Commission shall: (1) Review the Preliminary Plat Application, the findings of the Director of Community Development, and any other information available. a. From all such information, the Commission shall determine whether the Preliminary Plat conforms to the regulations of this Subdivision Ordinance. (2) Act within sixty (60) calendar days following the Official Filing Date of the Preliminary Plat Application, unless the Applicant submits a Waiver of Right to 60-Day Action. a. If no decision is rendered by the Commission within the sixty (60) day period described above or such longer period as may have been agreed upon, the Preliminary Plat, as submitted, shall be deemed approved by the Commission. (3) Take one of the following actions: a. Approve the Preliminary Plat; b. Approve the Preliminary Plat with conditions, which shall mean that the Preliminary Plat shall be considered to have been approved once such conditions are fulfilled; or c. Deny the Preliminary Plat. Sec Approval Action by the City Council The City Council shall: (1) Review the Preliminary Plat Application, the findings of the Director of Community Development and decision from the Commission, and any other information available. a. From all such information, the City Council shall determine whether the Preliminary Plat conforms to the regulations of this Subdivision Ordinance. (2) Act within sixty (60) calendar days following the action of the Planning Commission, unless the Applicant submits a Waiver of Right to 60-Day Action. a. If no decision is rendered by the City Council within the sixty (60) day period described above or such longer period as may have been agreed upon, the Preliminary Plat, as submitted, shall be deemed to be approved. (3) Take one of the following actions: a. Approve the Preliminary Plat; b. Approve the Preliminary Plat with conditions, which shall mean that the Preliminary Plat shall be considered to have been approved once such conditions are fulfilled; or c. Deny the Preliminary Plat. Article III: Plats Page 17 of 176

18 Sec Criteria for Preliminary Plat Approval The following criteria shall be used to determine whether the Preliminary Plat Application shall be approved, approved with conditions, or denied. Approval Criteria (1) The Preliminary Plat is consistent with all zoning requirements for the property, including any applicable planned unit development (PUD) zoning standards; (2) The proposed provision and configuration of Public Improvements including, but not limited to, roads, water, wastewater, storm drainage, park facilities, open spaces, habitat restoration, easements and Right-of-Way are adequate to serve the development, meet applicable standards of this Subdivision Ordinance, and conform to the City's adopted master plans for those facilities; (3) The Preliminary Plat has been duly reviewed by applicable City staff; (4) The Preliminary Plat conforms to design requirements and construction standards as set forth in the Engineering Standards Manual and Construction Details; (5) The Preliminary Plat is consistent with the adopted Comprehensive Plan; and (6) The proposed development represented on the Preliminary Plat does not endanger public health, safety, or welfare. Sec Effect of Preliminary Plat Approval Continuation of the Development Process The approval of a Preliminary Plat by the City Council shall allow the Applicant to proceed with the development and platting process by submitting Construction Plans and a Final Plat. General Approval of Layout Only Approval of the Preliminary Plat shall be deemed general approval of the subdivision s layout only, and shall not constitute approval or acceptance of Construction Plans or a Final Plat. Sec Preliminary Plat Expiration (C) Two-Year Validity (1) The approval of a Preliminary Plat shall remain in effect for a period of two (2) years following the date of approval, during which period the applicant shall submit and receive approval for Construction Plans and a Final Plat for the land area shown on the Preliminary Plat. (2) If Construction Plans and a Final Plat Application have not been approved within the two (2) year period, the Preliminary Plat shall expire. Phased Developments - Partial Construction Plans & Final Plat If Construction Plans and a Final Plat for only a portion of the land area shown on the Preliminary Plat are approved by the end of the two (2) year period, then the Preliminary Plat for the remainder of the land not included on the Construction Plans or Final Plat shall expire on such date. Relationship to Construction Plans A Preliminary Plat shall remain valid for two (2) years or the period of time in which approved Construction Plans are valid, whichever is greater. Article III: Plats Page 18 of 176

19 (D) Action on Final Plat (E) Should a Final Plat Application be submitted within the two (2) year period, but not be acted upon by the City Council within the two (2) year period, the Preliminary Plat shall expire unless an extension is granted as provided in Sec Preliminary Plat Extension. Void If Not Extended If the Preliminary Plat is not extended as provided in Sec Preliminary Plat Extension, it shall expire and shall become null and void. Sec Preliminary Plat Extension A Preliminary Plat may be extended for a period not to exceed one (1) year beyond the Preliminary Plat s expiration date. A request for extension shall be submitted to the Director of Community Development in writing at least thirty (30) calendar days prior to expiration of the Preliminary Plat, and shall include reasons why the Preliminary Plat should be extended. (C) Preliminary Plat Extension Decision by the Director of Community Development (1) The Director of Community Development will review the extension request and shall approve it, approve it with conditions, or deny the extension request within thirty (30) calendar days following the Official Filing Date of the request. (2) Should the Director of Community Development fail to act on an extension request within thirty (30) calendar days, the extension shall be deemed to be approved. Extension Considerations In considering an extension, the Director of Community Development shall consider whether the following conditions exist: (1) A Final Plat has been submitted and/or approved for any portion of the property shown on the Preliminary Plat; (2) Construction Plans have been submitted and/or approved for any portion of the property shown on the Preliminary Plat; (3) Construction is occurring on the subject property; (4) The Preliminary Plat complies with new ordinances that impact the health, safety and general welfare of the community; and/or (5) There is a need for a park, school or other public facility or improvement on the property. Extension Conditions (1) In granting an extension, the Director of Community Development may impose such conditions as are needed to ensure that the land will be developed in a timely fashion and that the public interest is served. (2) Any extension may be predicated upon compliance with new development regulations and/or the applicant waiving any vested rights. Article III: Plats Page 19 of 176

20 (D) Appeal of the Denial of the Preliminary Plat Extension (1) Appeal of the Director s Preliminary Plat Extension Decision a. The denial of an extension by the Director of Community Development may be appealed to the Commission. b. A written request for such appeal shall be received by the Director of Community Development within fourteen (14) calendar days following the denial. c. The Commission shall hear and consider such an appeal within thirty (30) calendar days following Director of Community Development s receipt of the appeal request. (2) Appeal of the Commission s Preliminary Plat Extension Decision a. The denial of an extension by the Commission may be appealed to the City Council. b. A written request for such appeal shall be received by the Director of Community Development within fourteen (14) calendar days following the denial. c. The City Council shall hear and consider such an appeal within thirty (30) calendar days following Director of Community Development s receipt of the appeal request. d. The decision of the City Council is final. Sec Amendments to Preliminary Plats Following Approval (C) Minor Amendments to Preliminary Plats (1) Minor amendments to the design of the subdivision subject to an approved Preliminary Plat may be incorporated in an Application for approval of a Final Plat without the necessity of filing a new Application for re-approval of a Preliminary Plat. (2) Minor amendments may only include: a. Minor adjustments in street or alley alignments, lengths and paving details, and b. Minor adjustments to lot lines that do not result in creation of additional lots or any nonconforming lots, provided that such amendments are consistent with applicable approved prior Applications. Major Amendments to Preliminary Plats All other proposed changes (not list above in (2)b) to the design of the subdivision subject to an approved Preliminary Plat shall be deemed major amendments that require submittal and approval of a new Application for approval of a Preliminary Plat (including new fees, new reviews, new Official Filing Date, etc.) before approval of Construction Plans and/or a Final Plat. Determination between Minor and Major Amendments to Preliminary Plats The Director of Community Development shall make a determination of whether proposed amendments are deemed to be minor or major, thereby requiring new submittal of a Preliminary Plat. Article III: Plats Page 20 of 176

21 Section Final Plat Sec Purpose The purpose of a Final Plat is to ensure: (C) Consistency with Standards That the proposed Subdivision and development of the land is consistent with all standards of this Subdivision Ordinance pertaining to the adequacy of public facilities, Provide for Public Improvements That Public Improvements to serve the Subdivision or development have been installed and accepted by the City or that provision for such installation has been made, and Other Requirements and Conditions That all other requirements and conditions have been satisfied or provided for to allow the Final Plat to be recorded. Sec Exceptions A Final Plat is not required when a Minor Plat is submitted (refer to Section Minor Plat). Applicant has Pre-Application Meeting with Staff Final Plat Submitted by Applicant "Determination of Completeness" performed by City Staff and establishes the application's "Official Filing Date" Sec Ownership Proof of Ownership Required The Applicant shall furnish with the Application to the City a current title commitment issued by a title insurance company authorized to do business in Oklahoma, a title opinion letter from an attorney licensed to practice in Oklahoma, or some other acceptable proof of ownership, identifying all persons having an ownership interest in the property subject to the Final Plat. Owner Signatures The Final Plat shall be signed by each owner, or by the representative of the owners authorized to sign legal documents for the owners, effectively denoting that they are consenting to the platting of the property and to the dedications and covenants that may be contained in the Final Plat. Sec Prior Approved Preliminary Plat Required The Final Plat and all accompanying data shall conform to the approved Preliminary Plat or as the Preliminary Plat may have been subsequently amended (Sec Amendments to Preliminary Plats Following Approval). Sec Accompanying Material An Application for a Final Plat shall be accompanied by the following: (1) Letter of Final Acceptance (Sec (C)) (2) Record Drawings (Sec ) (3) Maintenance Bond (Sec ) Planning Commission acts within 60 Days from Official Filing Date City Council Acts within 60 Day from Planning Commision Decision Figure 2: Final Plat Process Article III: Plats Page 21 of 176

22 Sec Review Action by the Director of Community Development The Director of Community Development Shall: (1) Initiate review of the Final Plat and materials submitted; (2) Request written comments from other City departments, if deemed necessary; and (3) Upon determination that the Application is ready to be acted upon, schedule the Final Plat for consideration on the agenda of the next available meeting of the Commission. Sec Approval Action by the Planning Commission The Commission shall: (1) Review the Final Plat Application, the findings of the Director of Community Development, and any other information available. a. From all such information, the Commission shall determine whether the Final Plat conforms to the regulations of this Subdivision Ordinance. (2) Act within sixty (60) calendar days following the Application s Official Filing Date, unless the Applicant submits a Waiver of Right to 60-Day Action. a. If no decision is rendered by the Commission within the sixty (60) day period or such longer period as may have been agreed upon, the Final Plat, as submitted, shall be deemed to be approved by the Commission. (3) Take one of the following actions: a. Approve the Final Plat; b. Approve the Final Plat with conditions, which shall mean that the Final Plat shall be considered to have been approved once such conditions are fulfilled; or c. Deny the Final Plat. Sec Approval Action by the City Council The City Council shall: (1) Review the Final Plat Application, the findings of the Director of Community Development, the decision from the Commission, and any other information available. a. From all such information, the City Council shall determine whether the Final Plat conforms to the regulations of this Subdivision Ordinance. (2) Act within sixty (60) calendar days following the action of the Planning Commission on the Final Plat, unless the Applicant submits a Waiver of Right to 60-Day Action. a. If no decision is rendered by the City Council within the sixty (60) day period or such longer period as may have been agreed upon, the Final Plat, as submitted, shall be deemed to be approved. (3) Take one of the following actions: a. Approve the Final Plat; b. Approve the Final Plat with conditions, which shall mean that the Final Plat shall be considered to have been approved once such conditions are fulfilled; or c. Deny the Final Plat. Article III: Plats Page 22 of 176

23 Sec Criteria for Final Plat Approval The following criteria shall be used to determine whether the Final Plat Application shall be approved, approved with conditions, or denied: Prior Approved Preliminary Plat (1) The Final Plat conforms to the approved Preliminary Plat except for Minor Amendments to Preliminary Plats that are authorized under Sec and that may be approved without the necessity of revising the approved Preliminary Plat; (2) All conditions imposed at the time of approval of the Preliminary Plat, as applicable, have been satisfied; (3) The Construction Plans conform to the requirements of Section and have been approved by the City Engineer; (4) Where Public Improvements have been installed, the improvements conform to the approved Construction Plans and have been approved for acceptance by the City Engineer; (5) The final layout of the Subdivision or development meets all standards for adequacy of public facilities contained in this Subdivision Ordinance; (6) The Final Plat conforms to design requirements and construction standards as set forth in the Engineering Standards Manual and Construction Details; and (7) The Final Plat conforms to the Director of Community Development s subdivision Application checklist, which will include a Site Development Plan. Sec Procedures for Final Plat Recordation upon Approval The Applicant shall supply to the Director of Community Development the required number of signed and executed copies of the Final Plat that will be needed to file the Plat, upon approval, at the County (in the County s required format) at least twenty (20) calendar days prior to the City Council meeting at which it will be considered for approval. General (1) Signatures After approval of the Final Plat, the Director of Community Development shall procure the appropriate City signatures on the Final Plat. (2) Recording Upon Performance The Final Plat shall be recorded after: a. The Final Plat is approved by the City Council; b. All required Public Improvements have been completed and accepted by the City; c. Digital files of the Final Plat and all Record Drawings have been submitted by the Applicant and received by the City; and d. All County filing requirements are met. Submittal of Final Plat Where Improvements Installed Where all required Public Improvements have been installed prior to recording of the Final Plat, the Applicant shall meet all requirements in accordance with Article IV Construction Plans and Procedures. Article III: Plats Page 23 of 176

24 (C) Update of Proof of Ownership If there has been any change in ownership since the time of the Proof of Ownership provided under Sec Ownership, the Applicant shall submit a new consent agreement executed by each owner consenting to the platting of the property and the dedications and covenants contained in the Final Plat. Sec Effect of Final Plat Approval The Approval of a Final Plat: (1) Supersedes any prior approved Preliminary Plat for the same land; and (2) Approval also authorizes the recordation of the Final Plat; however, recordation shall occur only upon completion and acceptance of all Public Improvements or the posting of security as required in Article IV Construction Plans and Procedures. Sec Final Plat Revisions Prior to Recording/Recordation Errors Only Any Final Plat that has been approved by the City Council, but not recorded with the County Clerk, which is found to contain erroneous descriptions or are otherwise defective on their face may be corrected by the Applicant and approved by the Director of Community Development. Sec Final Plat Revisions Following Recording/Recordation Revisions may only be processed and approved as a Replat (Section 38-21) or Amending Plat (Section 38-22), as applicable. Article III: Plats Page 24 of 176

25 Section Minor Plat Sec Purpose The purpose of a Minor Plat is to provide a limited means for simple land division under certain circumstances, which result in minimal lot creation. In circumstances where adequate infrastructure, easements, and Right-of-Way already exist and the extension of any City facilities to serve any lot within the Subdivision is not required, then a Minor Plat may be suitable as an instrument to subdivide one (1) lot into three (3) or fewer lots. In agreement with the intent of this Subdivision Ordinance, Minor Plats are intended to ensure that public facilities are available and will have sufficient capacity to serve the proposed Subdivision. Additionally, Minor Plats are intended to ensure the future growth and development of the entire City by ensuring new development does not hinder the provision of public facilities and services to neighboring and nearby properties. Sec Applicability An Application for approval of a Minor Plat may be filed when all of the following circumstances apply. Minor Plat Circumstances (1) The proposed division results in three (3) or fewer lots; (2) All lots in the proposed Subdivision front onto an existing public or approved private street and the construction or extension of a street or alley is not required to meet Subdivision Ordinance requirements; (3) All lots meet the Zoning Ordinance area regulations and standards (minimum frontage, etc.); and (4) The Plat does not require the extension of any City infrastructure, easements, and Right-of-Way to serve any lot within the proposed Subdivision. Sec Minor Plat Requirements To be considered a Minor Plat it must also meet the following requirements: Minor Plat Requirements (1) The proposed Plat shall be for the subdivision of one (1) lot into three (3) or fewer lots. (2) No parcel of land shall have more than one Minor Plat approved during any five (5) year period. (3) The proposed Plat shall meet all Zoning Ordinance requirements. (4) The proposed Plat shall meet all Subdivision Ordinance requirements (e.g., Improvement of Substandard Streets, per Sec (2)). (5) Private wells and private wastewater treatment facilities that meet the current City health standards shall be considered adequate when existing public water and sewer lines are not within the required area for utility extension and connection as specified in the City Code of Ordinances. Sec Application Requirements Same as a Final Plat The requirements for the submittal of a Minor Plat shall be the same as the requirements for a Final Plat, as outlined in Section Final Plat. Article III: Plats Page 25 of 176

26 (C) Preliminary Plat Not Needed As stated in Sec (2), a Preliminary Plat is not required when a Minor Plat is submitted. Application Preparation An Application shall be prepared by a Land Surveyor, Registered or an Engineer, Professional. Sec Review and Approval Process Review Action and Approval Action Same as Final Plat The review and approval processes for a Minor Plat shall be the same as the review and approval processes for a Final Plat per Section Minor Plat Review Criteria The following criteria shall be used to determine whether the Application for a Minor Plat shall be approved, approved with conditions, or denied. (1) The Minor Plat is consistent with all zoning requirements for the property (if applicable), and all other requirements of this Subdivision Ordinance that apply to the Minor Plat; (2) All lots to be created by the Minor Plat already are adequately served by improved public street access and by all required City utilities and services and by alleys, if applicable; (3) The ownership, maintenance and allowed uses of all designated easements have been stated on the Minor Plat; and (4) The plat does not require the extension of any City infrastructure, easements, and Right-of-Way to serve any lot within the proposed Subdivision. Sec Procedures for Minor Plat Recordation Following Approval The procedures for recordation of a Minor Plat shall be the same as the procedures for recordation of a Final Plat, as outlined in Sec Procedures for Final Plat Recordation upon Approval. Sec Revisions to a Minor Plat Following Approval Revisions may only be processed and approved as a Replat or Amending Plat, as applicable. Sec Example of a Suitable Lot for the Minor Plat Process Figure 3: Example of a Suitable Lot for the Minor Plat Process shows a multi-acre parcel with all infrastructure already constructed and that could be divided in three (3) individual lots. New Lot Line Original Lot Line Figure 3: Example of a Suitable Lot for the Minor Plat Process Article III: Plats Page 26 of 176

27 Section Replat Sec Purpose & Applicability A Replat of all or a portion of a recorded Plat may be approved without vacation of the recorded Plat, if the Replat meets the following criteria: Replat Criteria (1) The Replat is signed and acknowledged by the owners of the property being replatted; and (2) The Replat does not propose to amend or remove any covenants or restrictions previously incorporated in the recorded plat. Sec Partial Replat Application If a Replat is submitted for only a portion of a previously platted Subdivision, the Replat must reference the previous Subdivision name and recording information, and must state on the Replat specific lots that are being changed along with a detailed Purpose for Replat statement. Sec Construction Management Requires Construction If the Subdivision as replatted requires construction of additional improvements, the provisions of Article IV Construction Plans and Procedures shall apply. Does Not Require Construction If the Subdivision as replatted does not require any appreciable alteration or improvement of utility installations, streets, alleys, building setback lines, etc., then no Construction Plans shall be required. Sec Review and Approval Process Review Action and Approval Action Same as Final Plat The review and approval processes for a Replat shall be the same as the review and approval processes for a Final Plat per Section Responsible Official The Director of Community Development shall be the Responsible Official. Sec Procedures for Recordation Following Approval The procedures for recordation of a Replat shall be the same as the procedures for recordation of a Final Plat, as outlined in Sec Procedures for Final Plat Recordation upon Approval. Sec Effect Upon approval and recording of the Replat, it is controlling over the previously recorded Plat for the portion replatted. Article III: Plats Page 27 of 176

28 Section Amending Plat Sec Purpose The purpose of an Amending Plat shall be to provide an expeditious means of making minor revisions to a recorded Plat. The Amending Plat allows these minor revisions without the need of filing a Plat Correction Certificate. Furthermore, the Amending Plat goes beyond the scope of a Plat Correction Certificate and provides a means to relocate any lot line or to combine lots. An Amending Plat does not allow for the creation of new lots and is designed only to modify existing recorded Plats. Sec Applicability The procedures for an Amending Plat shall apply only if the sole purpose of the Amending Plat is to achieve one or more of the following purposes. Amending Plat Purposes (1) Error Correction and Administrative a. Correct an error in a course or distance shown on the preceding Plat. b. Add a course or distance that was omitted on the preceding Plat. c. Correct an error in a real property description shown on the preceding Plat; d. Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments. e. Show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding Plat. f. Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving Plats, including lot numbers, acreage, street names, and identification of adjacent recorded Plats. g. Correct an error in courses and distances of lot lines between two adjacent lots if: 1. Both lot owners join in the Application for amending the Plat; 2. Neither lot is abolished; 3. The amendment does not attempt to remove recorded covenants or restrictions; and 4. The amendment does not have a material adverse effect on the property rights of the other owners in the Plat. (2) Relocated Lot Lines a. Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement. b. Relocate one or more lot lines between one or more adjacent lots if: 1. The owners of all those lots join in the Application for amending the Plat; 2. The amendment does not attempt to remove recorded covenants or restrictions; and 3. The amendment does not increase the number of lots. (3) Replatting (No Increase in the Number of Lots Allowed) a. Combine one or more existing lots if: 1. The owners of all those lots join in the Application for amending the Plat; Article III: Plats Page 28 of 176

29 2. The amendment does not attempt to remove recorded covenants or restrictions; and 3. The amendment does not have a material adverse effect on the property rights of the other owners in the Plat; b. Replat one or more lots fronting on an existing street if: 1. The owners of all those lots join in the Application for amending the Plat; 2. The amendment does not attempt to remove recorded covenants or restrictions; 3. The amendment does not increase the number of lots; and 4. The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities. Sec Correction Certificates Prohibited with a Use of an Amending Plat Correction certificates are prohibited as an instrument for use within this Section Amending Plat, but may be used pursuant to Section Correction of Errors in Plats, without Amending Plats. Sec Notice The approval and issuance of an Amending Plat shall not require notice, hearing, or approval of other lot owners. Sec Review Action by the Director of Community Development The Director of Community Development shall: (1) Initiate review of the Plat and materials submitted. (2) Request written comments from other City departments, if deemed necessary. Sec Approval Action by the Director of Community Development The Director of Community Development shall: (1) Determine whether the Amending Plat meets the regulations of this Subdivision Ordinance. (2) Act within sixty (60) calendar days following the Application s Official Filing Date, unless the Applicant submits a Waiver of Right to 60-Day Action. (3) Take one of the following actions: a. Approve the Amending Plat; b. Approve the Amending Plat with conditions, which shall mean that the Amending Plat shall be considered to have been approved once such conditions are fulfilled; or c. Defer the Amending Plat to the Planning Commission for consideration prior to expiration of the required 60-day approval period unless a Waiver of Right to 60-Day Action is submitted in accordance with Sec Waiver of Right to 60-Day Action. Article III: Plats Page 29 of 176

30 Sec Deferred Approval Action by the Planning Commission Deferral to the Planning Commission of an Amending Plat Decision (1) Per Sec (3) (above), if the Director of Community Development defers the Amending Plat Application to the Planning Commission, the Commission shall consider the Application at a regular meeting no later than sixty (60) from the Application s Official Filing Date. (2) The Planning Commission shall, upon simple majority vote, take one of the following actions: a. Approve the Amending Plat; b. Approve the Amending Plat with conditions, which shall mean that the Amending Plat shall be considered to have been approved once such conditions are fulfilled; or c. Deny the Amending Plat. Sec Appeal to City Council Appeal to City Council of an Amending Plat Decision made by the Planning Commission (1) Initiation of an Amending Plat Appeal a. The Applicant may appeal the decision of the Commission by submitting a written notice of appeal to the Director of Community Development within fourteen (14) calendar days following the date of the Commission s decision. b. The Applicant shall submit a letter stating the reasons for the appeal, citing the specific applicable section(s) of the Subdivision Regulations, shall be submitted by the Applicant. (2) City Council Decision The City Council shall consider the appeal at a public meeting no later than thirty (30) calendar days after the date on which the notice of appeal is submitted to the Director of Community Development. a. The City Council may affirm, modify, or reverse the decision by simple majority vote. b. The decision of the City Council is final. Sec Criteria for Amending Plat Approval Sec Applicability shall be used to determine whether the Application for an Amending Plat shall be approved, approved with conditions, or denied. Sec Procedures for Recordation Following Approval The procedures for recordation of an Amending Plat shall be the same as the procedures for recordation of a Final Plat, as outlined in Sec Procedures for Final Plat Recordation upon Approval. Sec Effect Upon approval, an Amending Plat shall be recorded and is controlling over the previously recorded Plat without vacation of that Plat. Article III: Plats Page 30 of 176

31 Section Correction of Errors in Plats, without Amending Plats (C) District Court Remedy Any recorded Subdivision Plat which has been erroneously described on any record in the chain of title to said Plats, or are otherwise defective on their face may be corrected pursuant to the provisions of Sections through of Title 11 of the Oklahoma Statutes. Plat Correction Certificate The following provisions are prescribed by Section of Title 11 of the Oklahoma Statutes. (1) Original Land Surveyor Correction Certificate a. If a municipal Plat or Plat of an addition or subdivision that is executed and filed in the office of the County Clerk fails to identify or correctly describe the land to be platted, the Registered Land Surveyor who prepared said Plat may execute a correction certificate stating the nature of the error and cure said defect. b. The surveyor shall refer to said Plat by correct book and page number in which said Plat is recorded by the County Clerk. c. Said certificate shall be dated and signed by said registered land surveyor. (2) Non-Original Land Surveyor Correction Certificate If the Registered Land Surveyor who originally certified said Plat pursuant to the provisions of O.S. Title 11, Section is not available, or if said Plat was not prepared by a Registered Land Surveyor, a correction certificate as provided for in (1) above of this section may be executed by any Registered Land Surveyor, provided said correction certificate states the reasons why the Registered Land Surveyor who prepared the Plat was not available or that said Plat was not originally prepared by a Registered Land Surveyor. (3) Approval of a Plat Correction Certificate Prior to recording the correction certificate in the office of the County Clerk, the certificate shall be approved by the City Council, provided that such certificate shall be approved by the City Council if the correction alters or otherwise affects a Right-of-Way or easement of the City. Certificate Recordation Per O.S. Title 11, Section E., the certificate authorized by the provisions of this section shall be retained by the County Clerk and shall be recorded as a correction in the County plat book. (D) After Recordation (1) Per O.S. Title 11, Section F., a certificate filed pursuant to the provisions of this section shall be prima facie evidence of the statements contained in said certificate and shall be received into evidence for that purpose. (2) No such certificate shall have the effect of destroying or changing any vested rights that were acquired based upon an existing plat despite the errors or defects contained in said plat. (3) The provisions of this section shall not prohibit any interested party from commencing an action in the district court pursuant to the provisions of Sections through of this title. Article III: Plats Page 31 of 176

32 Section Plat Vacation The procedure for nullification of an unrecorded plat is as follows. Sec Plat Vacation Prior to Recordation The owner of any Plat or any part of any Plat may nullify or void the same by Application at any time prior to the recordation of said Plat, by a written instrument, a copy of which shall be attached to said Plat declaring it to be null or void. (C) Review Process The Planning Commission and City Council shall review such an instrument in the same manner as platting or subdivision. Review and Approval The Applicant shall execute and acknowledge such a written instrument and submit it for review and recommendation by the Planning Commission and for approval by the City Council. Plat Vacation Upon being duly recorded or filed with the city clerk, said instrument shall operate to destroy the force and the effect of the approval of the Plat so nullified, and to divest all public rights in the streets, alleys, and public grounds, and all dedications or easements laid out or described in said Plat. Sec Plat Vacation After Recordation Per State Law The procedures for vacating a recorded Plat shall be in accordance with Title 11 Oklahoma Statutes, Section et seq., as amended. Section Reserved Section Reserved Article III: Plats Page 32 of 176

33 Article IV. Construction Plans and Procedures Section Construction Plans Sec Purpose To require that mandatory Public Improvements be installed to serve a development in accordance with all the Subdivision Ordinance standards, including all standards within the City Code of Ordinances. Sec Submitting Plans Plans shall be submitted in accordance with the Director of Community Development s requirements, as provided in the Application. Incomplete Construction Plans shall not be accepted and such plans shall be returned to the Applicant. Sec Responsible Official and Decision Authority for Construction Plans Review and Approval Action The City Engineer shall be the Responsible Official for review and approval of Construction Plans. Decision-Maker Options The City Engineer shall approve, approve subject to modifications, or deny Construction Plans. Sec Approval Required & Timing of Construction Prior to Final Plat Approval Construction Plans shall be prepared by an Engineer, Professional and must be approved in accordance with this Article IV prior to the approval and/or recordation of the Final Plat, unless otherwise stated within this Subdivision Ordinance. Sec Criteria for Approval The City Engineer shall approve Construction Plans if: (1) The plans are consistent with the approved Preliminary Plat; and (2) The plans conform to the subject property s zoning and Planned Unit Development standards (including zoning design standards), and to the standards for adequate public facilities, contained in this Subdivision Ordinance and all other applicable City codes. Sec Effect of Approved Construction Plans Approval of Construction Plans authorizes the Applicant to: Pre-Construction Meeting Schedule a Pre-Construction Meeting in accordance with Section Pre-Construction Meeting; and Construction Release Apply for a Construction Release in accordance with Section Construction Release. Preliminary Plat Approved Construction Plans (C.P.) Pre-Application Meeting C.P. Submitted to City Engineer (C.E.) C.E. Reviews and Approves C.P. Pre-Construction Meeting Held Construction Release given by C.E. Developer Constructs Improvements Letter of Acceptance given by C.E. Final Plat Submitted If Approved, Final Plat filed with the County Figure 4: Construction Plan Process Article IV: Construction Plans Page 33 of 176

34 Sec Expiration Date for Construction Plans Six (6) Months The approval of Construction Plans shall remain in effect for a period of six (6) months from the date of approval, or for the duration of construction of the project, provided that Progress Towards Completion of the project continues to be demonstrated, unless the Construction Plans are extended in accordance with Sec Extension of Construction Plans. Sec Extension of Construction Plans Construction Plans may be extended for a period of six (6) additional months beyond the expiration date. A request must be made in writing to the City Engineer for such extension prior to expiration of the plans, and shall include reasons why the plans should be extended. (C) Decision by the City Engineer (1) The City Engineer will review the extension request, and shall approve, approve with conditions, or deny the extension request within thirty (30) calendar days following the Official Filing Date. (2) Should the City Engineer fail to act on an extension request within thirty (30) calendar days, the extension shall be deemed to be approved. Extension Criteria The City Engineer shall extend Construction Plans approval for a period of six (6) additional months beyond the Plans expiration date if: (1) The Construction Plans comply with new ordinances that impact the health, safety and general welfare of the City; and (2) Demonstrable Progress Towards Completion has been made to proceed with construction or required improvements. Conditions In granting an extension, the City Engineer may impose such conditions as are needed to ensure that the land will be developed in a timely fashion and that the public interest is served. Any extension may be predicated upon compliance with new development regulations and/or the Applicant waiving any Vested Rights. Article IV: Construction Plans Page 34 of 176

35 Section Pre-Construction Meeting Sec Requirement The Applicant(s) shall attend a Pre-Construction Meeting with the City Engineer following the approval of Construction Plans and prior to commencement of any construction on the property. Sec Purpose Discussion of Procedures The purpose of the Pre-Construction Meeting is to discuss administrative, communication, and operating procedures for project construction prior to Construction Release. Review of Criteria A list of typical inspection items, procedures, and acceptance criteria for items in public Right-of-Way and easements will also be furnished to the Applicant. Sec Notice The Applicant shall receive written notice from the City Engineer that Construction Plans have been approved and that the project is eligible for a Pre-Construction Meeting. Sec Effect Following the Pre-Construction Meeting and upon approval of the Construction Plans and full compliance with all pre-construction requirements, the City Engineer shall authorize Construction Release, allowing the Applicant to commence with construction of the project. Section Construction Release Sec Requirements for Construction Release Upon approval of the Preliminary Plat and the Construction Plans, receipt of all documentation (e.g., insurance information, bonds, etc.) and fees required, and after the Pre-Construction Meeting with City staff, the City Engineer shall release the plans for construction if all City requirements pertaining to construction have been met. Sec Construction Release Expiration and Extension Expiration, and possible extension, of the Construction Release shall be the same as for the Construction Plans (see Sec Expiration Date for Construction Plans and Sec Extension of Construction Plans). Article IV: Construction Plans Page 35 of 176

36 Section Timing of Public Improvements Sec Completion Prior to Final Plat Approval & Recordation Construction Required Prior to Final Plat Approval and Recordation Completion of all required Public Improvements, in accordance with the approved Preliminary Plat and the approved Construction Plans, shall occur prior to Final Plat approval and recordation. Final Plat Shall not be Accepted A Final Plat shall not be accepted for filing, nor shall it be considered for approval, prior to completion of all required Public Improvements. Sec Phased Development If the development is being platted and constructed in phases, improvements shall be completed as platted areas are approved and phases are constructed. Also, refer to Sec Preliminary Plat Expiration for details regarding phased development and Preliminary Plat validity. Sec Easements for Utility Providers Secure all Necessary Easements The Applicant is responsible for contacting all utility providers prior to beginning construction, and for securing all necessary easements prior to Final Plat approval and recordation. Written Certification The Applicant s engineer shall provide the City Engineer with written certification that all necessary easements are secured for the various utility providers, and such easements shall be shown on the Final Plat with the recording information for each. Sec Off-Site Easements Acquire Off-Site Easements All necessary off-site easements required for installation of required off-site Public Improvements to serve the development shall be acquired by the Applicant prior to the Pre-Construction Meeting (see Section 38-28), or prior to approval and recordation of the Final Plat, whichever occurs first. Conveyance and Recordation Off-site easements shall be conveyed and recorded at the County by an instrument approved by the City. Article IV: Construction Plans Page 36 of 176

37 Section Inspection, Maintenance, and Acceptance of Public Improvements Sec Inspection of Public Improvements (C) Timing and Contact (1) The City Engineer shall inspect the construction of improvements while in progress, as well as upon completion. (2) The Applicant, or his contractor, shall maintain contact with the City Engineer during construction of improvements. Conformance with Construction Plans (1) Construction shall be in accordance with the approved Construction Plans. (2) Any significant change in design required during construction shall be made by the Applicant's engineer, and shall be subject to approval by the City Engineer. Corrections to Improvements If the City Engineer finds, upon inspection, that any of the required Public Improvements have not been constructed properly and in accordance with the approved Construction Plans, then the Applicant shall be responsible for completing and/or correcting the Public Improvements to bring such into compliance. Sec Maintenance during Construction The Applicant shall maintain all required Public Improvements during construction of the development. Sec Submission of Record Drawings (C) Certification The City shall not accept dedication of required Public Improvements until the Applicant's engineer has certified to the City Engineer, through submission of detailed Record Drawings of the project and filed copies of any off-site easements that the Public Improvements have been built in accordance with the approved Construction Plans. Acceptance and Recordation of Public Improvements (1) The City shall not accept improvements until the Final Plat is approved by the City and recorded at the County. (2) Each record drawing sheet shall show all changes made in the Construction Plans during construction and on each sheet there shall be a record stamp bearing the signature of the engineer and date. (3) Detailed requirements for such drawings are available from the City Engineer. Digital Files Digital files of all the Record Drawings shall be submitted by the Applicant and received by the City. Article IV: Construction Plans Page 37 of 176

38 Sec Acceptance or Rejection of Improvements by the City Engineer (C) Responsible Official The City Engineer shall be responsible for inspecting all required Public Improvements shown in the Construction Plans and for accepting completed subdivision improvements intended for dedication to the City. Final Inspection After completion of all improvements, franchise utilities, grading, and erosion control the City Engineer and other designated representatives (as applicable) will perform a final inspection before recommending acceptance of the Public Improvements. Letter of Final Acceptance If all improvements are completed, inspected, tested (if applicable), and determined by the City to be in conformance with this Subdivision Ordinance, City standards and specifications, and Construction Plans, then the City Engineer shall issue a Letter of Final Acceptance to the applicant, thereby notifying the Applicant of the City s intended acceptance contingent on the approval of the Final Plat. (D) Meaning of Acceptance (E) Acceptance of the improvements shall mean that the Applicant has transferred all rights to all the Public Improvements to the City for title, use, and maintenance. Rejection The City Engineer shall reject those improvements that fail to comply with the Construction Plans and City s standards and specifications. The City shall enforce the guarantee provided by the Maintenance Bond(s). Sec Disclaimer Approval of a Preliminary Plat or Final Plat, or Construction Plans by the City Engineer, shall not constitute acceptance of any of the Public Improvements required to serve the Subdivision or development. No Public Improvements shall be accepted for dedication by the City except in accordance with this Section. Sec Maintenance Bond Per requirements established and maintained by the City Engineer, the Applicant shall furnish Maintenance Bonds to the City for Public Improvements. Section Reserved Section Reserved Article IV: Construction Plans Page 38 of 176

39 Article V. Application Submittal and Processing Procedures for all Plats and Plans Section Definition of an Application An Application is defined as the package of materials, including but not limited to an Application Form, a Plat, completed checklist, Construction Plans, special drawings or studies, and other informational materials, that is required by the City to initiate City review and approval of a development project. Section Pre-Application Meeting Sec Purpose (C) Exchange Information The Pre-Application Meeting is intended to allow for the exchange of non-binding information between the Applicant and City staff to ensure that the Applicant is informed of pertinent City development regulations and processes. Discuss Development Additionally, the Pre-Application Meeting provides an opportunity for the Applicant and City staff to discuss major development considerations such as utilities, roadways, drainage concerns, comprehensive plan elements, specific neighborhood characteristics, and historic information. Efficient and Orderly Review Process This exchange of information is intended to promote an efficient and orderly review process. Sec Prerequisite for Application Submission: Meet with City Staff Prior to the official submission of an Application for review and consideration, the Applicant(s) shall attend a Pre- Application Meeting with City staff. Sec Meeting Request and Date Meeting Request Submitted (1) To schedule a Pre-Application Meeting, the Applicant shall make a request for a Pre-Application Meeting with the Director of Community Development. (2) Such request shall describe the type of development desired and/or the type of Application that the Applicant intends to submit. Date and Notification for the Pre-Application Meeting (1) A Pre-Application Meeting will be held within fourteen (14) calendar days following the Applicant s request. (2) A Pre-Application Meeting shall be held at least seven (7) calendar days prior to the submission of an Application. (3) The Applicant shall be notified by the Director of Community Development of the scheduled Pre- Application Meeting time and place for the requested meeting. Sec Effect Following the Pre-Application Meeting, the Applicant may proceed with the submittal of an Application. Article V: Application Submittal and Processing Procedures for all Plats and Plans Page 39 of 176

40 Section General Application Contents Sec Application Contents Application Form Required All Applications shall be submitted on an Application Form supplied by the Director of Community Development with the required information as stated on the Application Form. Incomplete Applications Incomplete Applications shall not be accepted for filing and shall not be considered officially filed. Sec Application Timing Submittal Deadlines The Director of Community Development shall establish submittal deadlines for all Applications decided by the City. Submission for Review and Consideration An Application must be considered complete and officially filed in accordance with Section Initiation and Complete Application prior to being processed for review and consideration. Sec Application Preparation An Application shall be prepared by a Land Surveyor, Registered or an Engineer, Professional, with all Construction Plans being prepared by an Engineer, Professional. Sec Fees Fees Required (1) Every Application shall be accompanied by the prescribed fees set forth in Table 1: Fee Schedule. (2) The prescribed fee is not refundable. (3) If an Application is submitted without the correct fee, the Application is an incomplete Application. Sec Modification of Applications Prior to Approval The Applicant may modify any complete Application following its filing and prior to the expiration of the period during which the City is required to act on the Application. Modifications Requested by the City If the modification is for revisions requested by the City and the modification is received at least eleven (11) calendar days prior to the time scheduled for decision on the Application, then the Application shall be decided within the original period for decision (from the original Official Filing Date) prescribed by this Subdivision Ordinance. Other Modifications Require a Waiver of Right to 60-Day Action In all other instances, submittal of a modified Application shall be accompanied by a properly executed Waiver of Right to 60-Day Action in order to allow City staff adequate time to review the new information and modifications, and shall extend the time for deciding the Application for a period equal to the time specified in this Subdivision Ordinance to decide the original Application, commencing on the Official Filing Date of the modified Application. Article V: Application Submittal and Processing Procedures for all Plats and Plans Page 40 of 176

41 Section Initiation and Complete Application Sec Applicability The procedures within this Article V shall apply to all Applications that are required by the City and submitted in accordance with this Subdivision Ordinance. Sec Initiation by Owner Owner or Owner s Representative An Application required under this Subdivision Ordinance may be initiated only by the owner of the land subject to the Application or by the owner's duly authorized representative. Notarized Statement If the Applicant is a representative of the property owner, the Application shall include a written and notarized statement from the property owner, such as a duly executed Power of Attorney, authorizing the representative to file the Application on the owner's behalf. Sec Determination of Completeness Every Application shall be subject to a determination of completeness by the Responsible Official for processing the Application. An Application must be complete in order to be accepted for review by the City. Incomplete Applications will not be accepted and will be returned to the Applicant. (C) Acceptance Standards (1) An Application shall only be accepted by the Responsible Official for processing when it is accompanied by all documents required by, and prepared in accordance with, the requirements of this Subdivision Ordinance. (2) A typographical error shall not, by itself, constitute an incomplete Application. Acceptance Procedures (1) The determination of completeness of an Application shall be conducted in accordance with an Application checklist supplied by the Responsible Official. (2) The Application will be reviewed at the City s applicable service counter with the Applicant present. (3) Incomplete applications will not be accepted and will be immediately returned to the present Applicant. (4) Applications received by mail will be reviewed in the same manner and the Applicant shall be notified in writing, via phone, or via electronic mail within fourteen (14) calendar days if the submitted Application is incomplete and has not been accepted. Acceptance shall not Constitute Compliance A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Subdivision Ordinance. (D) Acceptance shall not Guarantee Approval It is not guaranteed that an accepted, complete Application will be approved, if after the Application is deemed complete it is determined that the Application does not comply with this Subdivision Ordinance. Article V: Application Submittal and Processing Procedures for all Plats and Plans Page 41 of 176

42 Sec Waiver of Right to 60-Day Action (C) Applicability The Waiver of Right to 60-Day Action applies only to the decision time for Plats. Responsible Official The Director of Community Development shall be the Responsible Official for a Waiver of Right to 60- Day Action. Request An Applicant may submit in writing a Waiver of Right to 60-Day Action to the decision time for Plats. (D) Date Received (E) (1) If the Applicant is requesting a Waiver of Right to 60-Day Action, it must be received by the Director of Community Development on or before the seventh (7th) calendar day prior to the meeting at which action would have to be taken (based on the 60-day requirement) on the Plat Application. (2) Waiver requests that are not received by that day shall not be considered properly submitted and action shall be taken on the Plat Application at such meeting as scheduled. Requirements/Standards Maintained (1) Submission of a Waiver of Right to 60-Day Action, and acceptance of such by the City as part of a Plat Application, shall not be deemed in any way a waiver to any requirement within this Subdivision Ordinance. (2) A waiver (Major Subdivision Waiver or Minor Subdivision Waiver) from requirements herein is a separate process (see Article VII Relief from Subdivision Standards). Sec Official Filing Date Establishment Date The Official Filing Date shall be deemed as the date the Application is accepted as complete by the Responsible Official in the manner prescribed by Sec Determination of Completeness. Review Period Begins If applicable, the time period for processing and deciding an Application shall commence on the Official Filing Date. Article V: Application Submittal and Processing Procedures for all Plats and Plans Page 42 of 176

43 Section Application Processing, Action, and Notification Following Decision Sec Action by Responsible Official Review Action The Responsible Official for an Application shall initiate internal (i.e., City) review and assessment of the Application following the City s development review procedures. Advising Action The Responsible Official shall also, to the extent possible, work with the Applicant by advising on and communicating revisions that may be necessary to bring the Application into compliance with City regulations in preparation for consideration by the appropriate Decision-Maker. Sec Decisions Options for an Application The Decision-Maker for the Application shall approve, approve with conditions, or deny the Application within the time period prescribed by this Subdivision Ordinance. Sec Conditions Attached to a Decision The Decision-Maker may attach such conditions to the approval of an Application as are reasonably necessary to ensure compliance with all applicable requirements of this Subdivision Ordinance. Sec Notification of Decision within 14 Days The City shall send written notice within fourteen (14) calendar days following the date of a decision on an Application. Article V: Application Submittal and Processing Procedures for all Plats and Plans Page 43 of 176

44 Section Amendments and Expiration Sec Amendments/Revisions to an Approved Application Unless another method is expressly provided by this Subdivision Ordinance, any request to amend or revise an approved Application shall be considered a new Application, which must be decided in accordance with the procedures governing the original Application and the standards in effect at the time such new Application is filed with the City. Sec Time of Application Expiration (C) Application Expiration Two (2) Years Unless otherwise expressly provided by this Subdivision Ordinance, an approved Application shall automatically expire two (2) years following the approval date of the Application (see Sec Expiration Date for Construction Plans for expiration of Construction Plans), and shall become null and void, and all activities under the Application thereafter shall be deemed in violation of this Subdivision Ordinance, if: (1) The Applicant fails to satisfy any condition that was imposed by this Subdivision Ordinance or as part of the approval of the Application or that was made under the terms of any Development Agreement, within the time limits established for satisfaction of such condition or term; or (2) The Applicant fails to submit a subsequent complete Application required by this Subdivision Ordinance within the time so required. Applications with No Time Limit If no time limit for satisfaction of conditions is specified in the decision on the Application, the time shall be presumed to be two (2) years following the date the Application was approved. Applications with Vested Right Upon a different date being determined pursuant to a Vested Rights Petition, an Application approved prior to the effective date of this Subdivision Ordinance shall expire in accordance with the terms of the regulations in effect at the time the Application was filed. Section Reserved Section Reserved Article V: Application Submittal and Processing Procedures for all Plats and Plans Page 44 of 176

45 Article VI. Subdivision Standards Section General Policies Sec Purpose Statement This section (Section 38-42) establishes the City's two (2) universal policies for subdivision related Public Improvements. The first policy requires that all Public Improvements be in conformance with City plans and codes. This conformance policy enables the Subdivision Ordinance to be a critical tool for enforcing all City standards as new development occurs. The second policy requires all new development to have adequate public facilities to serve the needs of the development. This responsibility is placed on the owner or developer of the land to protect the public health, safety, and welfare of the City as the development occurs. Sec Conformance to Plans and Codes (C) Public Improvements Conform to Plan and Codes Proposed Public Improvements serving new development shall conform to and be properly related to the public facilities elements of the City's adopted Comprehensive Plan, Trails Master Plan, other adopted master plans for public facilities and services, and applicable capital improvements plans, various chapters of the City Code, the Engineering Standards Manual and Construction Details, and shall at a minimum meet the service levels specified in such plans. Thoroughfares Conform to the Comprehensive Plan and Codes (1) Thoroughfares Based on the Comprehensive Plan a. All Plats and corresponding Construction Plans shall provide for thoroughfares as shown in the Comprehensive Plan. b. The alignment and Right-of-Way width of all proposed thoroughfares shall be in general conformance with the Comprehensive Plan. 1. Minor adjustments to thoroughfare alignments may be allowed without amending the Comprehensive Plan if the Director of Community Development believes the new alignment meets the spirit and intent of the Comprehensive Plan or Trails Master Plan and will not compromise public safety or traffic efficiency. 2. In addition to the standards of this Subdivision Ordinance, the engineering design and construction of all proposed thoroughfares shall be in conformance with the Engineering Standards Manual and Construction Details, and the Trails Master Plan, and shall be subject to approval by the City Engineer. Such approvals shall be required prior to any Plat approval. (2) Comprehensive Plan Amendment If a significantly different roadway alignment or type (from what is shown within the Comprehensive Plan) is proposed, then the Comprehensive Plan and its thoroughfare plan shall be amended prior to any Plat approval. Water and Wastewater Systems Conform to Plans and Codes (1) The design and construction of the water system and wastewater system to serve a development shall be in conformance with: a. The City's master plans for water and wastewater facilities, b. The Engineering Standards Manual and Construction Details, and c. Chapter 43 and other chapters of the City Code. Article VI: Subdivision Standards Page 45 of 176

46 (2) The design and construction of the water system and wastewater system to serve a development shall be subject to approval by the City Engineer prior to approval of the Construction Plans and the Final Plat. (D) Storm Drainage Standards (1) The design and construction of the storm drainage system to serve a development shall be in conformance with but not limited to: a. The City's master plans for storm water drainage; b. Chapter 13 (Drainage and Flood Control), Chapter 43 (Water, Sewer, Sewage Disposal, and Storm Water Quality) and other chapters of the City Code; and c. The Engineering Standards Manual and Construction Details. (2) The design and construction of the storm drainage system to serve a development shall be subject to approval by the City Engineer prior to approval of the Construction Plans and the Final Plat. Sec Adequate Public Facilities Requirements Adequate Services for Areas Proposed for Development (1) General Requirement a. Land proposed for development in the City shall be served adequately by essential public facilities and services, including but not limited to: 1. Water distribution, 2. Wastewater collection and treatment, 3. Roadways, 4. Pedestrian circulation, 5. Storm drainage conveyance, and 6. Park and recreational facilities. b. Land shall not be approved for platting or development until adequate public facilities necessary to serve the development exist or provisions have been made for the facilities, whether the facilities are to be located within the property being developed or off-site. (2) Street Access for all Lots Required A Plat will not be approved unless all of the proposed lots have direct access to an improved or approved public or private street built to the City's minimum design and paving standards, or to an approved Public Way that is connected to an improved public street. (3) Water A Plat will not be approved unless all of the proposed lots are connected to an approved public water system that is capable of providing adequate water for health and emergency purposes. a. Water Flow from Two (2) Directions or Sources Required Except for lots along an approved cul-de-sac, all lots shall be provided service connections from a looped water main providing water flow from two (2) directions or sources, unless water flow is supplied by a larger line as determined by the City Engineer. Article VI: Subdivision Standards Page 46 of 176

47 b. Fire Flow Requirements Water service shall be sufficient to meet the fire flow requirements of the proposed development, except where a suitable alternative means of fire protection is approved by the Fire Chief. c. Phasing of Development (4) Wastewater The City may require the phasing of development and/or improvements to the water system to ensure adequate fire protection. A Plat will not be approved unless all of the proposed lots are served by an approved means of wastewater collection and treatment. a. Discharge within Capacity The projected wastewater discharge of a proposed development shall not exceed the proposed capacity of the wastewater system. b. Phasing of Development The City may require the phasing of development and/or improvements to the sanitary sewer system to maintain adequate wastewater capacity. (5) Storm Drainage A Plat will not be approved unless all of the proposed lots have adequate storm drainage. a. Impacts to Adjoining, Upstream or Downstream Properties 1. Increased storm water runoff attributable to new development shall not cause impacts to adjoining, upstream, or downstream properties. 2. Impacts are defined as an increase in runoff between pre- and post-development. b. Mitigation of Excess Runoff Where the projected runoff from a new development exceeds runoff from pre-development conditions, the City may require: 1. The phasing of development, 2. The use of control methods such as retention or detention, 3. Obtaining off-site drainage easements, and/or 4. The construction of off-site drainage improvements as means of mitigation. Property Owner s Responsibilities to Provide Adequate Services The property owner shall be responsible for, but not limited to, the following. (1) Dedication and Construction of Improvements The property owner shall dedicate all rights-of-way and easements for, and shall construct and extend, all necessary on-site and off-site Public Improvements for water distribution, wastewater collection and treatment, streets, storm drainage conveyance, and other improvements that are necessary to adequately serve each phase of a proposed development at service levels that are consistent with the City's applicable master facilities plans and construction design standards. Article VI: Subdivision Standards Page 47 of 176

48 (2) Substandard Streets a. Where a substandard street abuts or traverses a proposed development, the City may require the property owner to dedicate additional Right-of-Way and to improve the street to the City's current design and construction standards as set forth in the Comprehensive Plan and Engineering Standards Manual and Construction Details. b. Such requirements to improve the substandard street to the City's current standards shall only be imposed following careful review of factors including, but not limited to: 1. The impact of the new development on the street; 2. The timing of the development in relation to the need for the street; and 3. The likelihood that adjoining property will develop in a timely manner. c. In the case of frontage or service roads for state or federally designated highways, the entire abutting Right-of-Way shall be dedicated and improved to that agency s applicable construction design standards if such improvement is approved by the agency. (Also, refer to Section Street Requirements.) (3) Facilities Impact Studies a. The City may require that a developer prepare a Traffic Impact Analysis (TIA), flood or drainage study or downstream assessment, or other facilities impact study(ies) in order to assist the City in determining whether a proposed development will be supported with adequate levels of public facilities and services concurrent with the demand for the facilities created by the development. b. The study(ies) shall identify, at a minimum: 1. The adequacy and capacities of existing facilities; 2. The nature and extent of any current deficiencies; and 3. The Public Improvements that will be needed to meet adequate levels of service assuming development at the intensity proposed in the Application. c. The study(ies) shall be subject to review and approval by the City Engineer prior to approval of the Preliminary Plat and the Construction Plans. d. The City also may require, at the time of approval of a subsequent Application (e.g., Final Plat), an update of a facilities impact study(ies) approved in connection with a prior Application (e.g., Preliminary Plat). (4) Future Extension of Public Facilities The property owner shall make provisions for future expansion of the public facilities as needed to serve future developments. If oversizing of public facilities is deemed necessary by the City Engineer for future developments, then the City may participate in such oversizing costs as part of a Development Agreement. (5) Operations and Maintenance of the Public Facilities The property owner shall provide for all operations and maintenance of the public facilities, or shall provide proof that a separate entity will be responsible for the operations and maintenance of the facilities. (6) Approvals from Utility Providers The property owner shall obtain all necessary approvals from the applicable utility providers other than the City and shall submit written verification of such approvals to the City with the Construction Plans. Article VI: Subdivision Standards Page 48 of 176

49 (C) (7) Compliance with Utility Providers The property owner shall comply with all requirements of the utility providers and City. Rough Proportionality and Fair Share Policy Statement (1) There is a direct correlation between the increased demand on public facilities that is created by a new development, and the City's requirements to dedicate rights-of-way and easements and to construct a fair and proportional share of Public Improvements that are necessary to offset such impacts such that new development does not negatively affect the City as a whole, as determined by the Capital Improvement Committee and City Council. (2) The City desires that a new development project contribute its fair and proportional share of such costs. (3) A fair and proportional share shall be determined as the level or standard of service that is required to adequately serve a new development. (4) Standards relating to the dedication or construction requirements shall be roughly proportional (see definition Proportionality/Proportional Share) to the nature and extent of the impacts created by the proposed development on the City's water, wastewater, storm drainage, parks or roadway system, as the case may be, or does reasonably benefit the proposed development. (5) See Section Subdivision Proportionality Appeal for further details. Article VI: Subdivision Standards Page 49 of 176

50 Section Water and Wastewater Requirements Sec Purpose Statement The water and wastewater infrastructure systems are two of the most critical elements within any municipality. Water and wastewater are the fundamental service-based needs upon which cities are created to provide. The provision of municipal water for drinking water, landscaping irrigation, and a wide array of other purposes allows for the day-to-day residential and commercial activities to occur. Equally important to the public health, safety, and welfare of the City is the transmission and treatment of wastewater (also referred to as sanitary sewer). The wastewater system ultimately enables the City to provide a safe and clean environment for people to carry on their daily activities. Sec Water and Wastewater Basic Policy Construction Requirements (1) Location of Water and Wastewater Mains All public water and wastewater mains shall be located within the street Right-of-Way or in easements in order to provide service to adjacent property. (2) Water Easement and Wastewater Easement Design a. If water and wastewater mains are not located within the Right-of-Way, then an easement shall be dedicated. b. A water easement or wastewater easement shall be located along the frontage of the property, or as determined by the City Engineer. c. All utility easements for water or wastewater shall be shown on the Final Plat for the specific purpose intended. d. Minimum Easement Width 1. The minimum easement width for water or wastewater mains shall be fifteen (15) feet, or as determined by the City Engineer. 2. Where it is necessary for water and wastewater facilities to be located within the same easement, the easement shall be a minimum of twenty (20) feet in width, or as determined by the City Engineer. e. Encroachment on Easement Prohibited No portion of a main or primary structure (including, but not limited to, swimming pools, walls, foundations, porches/patios and porch/patio covers, canopies, roof extensions/overhangs, chimneys, fire flues, etc.) shall encroach over or into any easement, except that wall-attached window awnings, bay style windows, and roof eaves shall be allowed to encroach into an easement a maximum of twenty-four inches (24 ) upon approval of the City Engineer. (3) Relocation or Replacement of an Existing Water or Wastewater Facility When it is necessary to relocate or replace an existing water or wastewater facility to accommodate a proposed subdivision, the developer is responsible for all costs associated with the relocation, except as agreed to by the City Council in a Development Agreement for oversizing a facility. Construction Plans (1) Compliance Required Plans for construction of all water and wastewater facilities required by these regulations shall be prepared in accordance with the requirements and specifications contained in the Engineering Article VI: Subdivision Standards Page 50 of 176

51 (C) Standards Manual and Construction Details and all applicable chapters of the Code of Ordinances (e.g., Chapters 9, 13, 30, 37, and 43) which are incorporated by reference and made a part hereof. (2) Plan Preparation and Acceptance Plans for the improvements must be prepared by a licensed engineer and accepted by the City Engineer. Acquisition of Easements The developer shall be responsible for the acquisition of all required off-site easements. Sec Preliminary Utility Plan Purpose and Applicability (1) Water and Wastewater Mains Concurrent with the submission of a Preliminary Plat or Replat the Developer shall submit a Preliminary Utility Plan showing the location and size of water and wastewater mains, which will be required to provide adequate service and fire protection to the lots specified in the proposed Plat. (2) Fire Hydrants Preliminary Utility Plans shall include plans and specifications for fire hydrant systems and shall be submitted concurrently with the submission of a Preliminary Plat or Replat. Preliminary Utility Plan Document The Preliminary Utility Plan shall be prepared as noted in the Application Form. Article VI: Subdivision Standards Page 51 of 176

52 Sec Miscellaneous Requirements (C) Construction over Existing Water or Wastewater Mains No building shall be constructed over an existing water, wastewater, or lateral line. Ownership and Maintenance of Water and Wastewater Mains Ownership and maintenance of water and wastewater mains and service connections shall be regulated as follows. (1) Water Utilities a. All water mains and water meters constructed and installed, including water service connections located in a Right-of-Way or dedicated easement, shall be vested to the City. (2) Wastewater Utilities a. All wastewater lines constructed, including wastewater service connections located in a Right-of- Way or dedicated easement, shall be vested to the City. b. The developer, or single customer, shall be responsible for all maintenance of the wastewater service connections, unless replacement of the service is required under the roadway or pavement. When replacement under a roadway is necessary, the City shall be notified and approval granted from the City Engineer prior to the replacement of service under the pavement. No Guarantee of Availability of Water Supply or Wastewater Capacity The City makes no guarantee that water supply or wastewater capacity will be available at any particular time or place. (D) Service Lines Prohibited from Crossing Adjacent Lots (E) (1) Water or wastewater service lines shall not cross any adjacent lot. (2) The public main shall be extended so as not to require the service to extend across another lot. (3) Water and wastewater service lines shall be maintained by the property owner. Adjacent to Federal, State, or County Roadways Public water and wastewater mains adjacent to Federal, State, or County roadways shall be constructed outside the Right-of-Way in a separate easement unless otherwise agreed by those agencies and the City. Article VI: Subdivision Standards Page 52 of 176

53 Sec Water Design and Construction (1) Installation of Water Facilities a. Where water is to be provided through the City system, the property owner shall install adequate water facilities, including fire hydrants, in accordance with the following standards: 1. The City's Engineering Standards Manual and Construction Details, 2. The City's adopted Fire Code, and 3. Current applicable state regulations. b. If any such requirements conflict, the most stringent requirement shall apply. (2) Facilities for Health and Safety Emergencies a. All water facilities connected to the City's water system shall be capable of providing water for health and emergency purposes, including fire protection and suppression. b. Water supply facilities shall be in accordance with the Code of Ordinances and the Engineering Standards Manual and Construction Details. c. The design and construction of water system improvements and alternative water sources shall also comply with the following standards: Location 1. Design and construction of a water source on the site shall be in accordance with applicable state regulations. 2. Design and construction of water service from the City shall be in accordance with the standards in the City's Engineering Standards Manual and Construction Details. 3. Design and construction of a fire protection and suppression system shall be in accordance with the standards in the Engineering Standards Manual and Construction Details, and in accordance with the City's adopted Fire Code. (1) Shown on Construction Plans The location and design of all fire hydrants, all water supply improvements and the boundary lines of special districts, private systems and certified water service areas, indicating all improvements proposed to be served, shall be shown on the Construction Plans. (2) Extension of Water Lines Requirement a. Extension of water lines shall be made along the entire frontage of the development adjacent to a street. b. If the subdivision is not adjacent to a street, the extension of water lines shall be accomplished in such a manner as to allow convenient future connections to said lines by new subdivisions. (3) Waiver for Water Line Extension Requirement If new subdivisions will never be constructed beyond the developing subdivision due to physical constraints, the City Engineer may approve a Minor Subdivision Waiver for this requirement in accordance with Section Petition for Subdivision Waivers of this Subdivision Ordinance prior to action on the Construction Plans or prior to action on any Plat. Article VI: Subdivision Standards Page 53 of 176

54 (C) Cost of Installation The cost of installing all water supply improvements to be made by the developer, including off-site improvements, shall be included in the performance guarantees. (D) Cost of Extension (E) (1) Where the City's water distribution system is not planned to be extended in time to serve a proposed new development, all necessary water facilities to serve such development shall be provided by and at the expense of the developer. (2) If oversizing of a water facility is deemed necessary by the City Engineer for future developments, then the City may participate in such oversizing costs as part of a Development Agreement. Alternative Water Systems (Water Wells) Developments may be approved with alternative water facilities according to the following criteria and according to Chapter 43 of the Midwest City Code: (1) Water well operation and quality shall meet the minimum State, County, and City requirements, when applicable. (2) Water wells may not be used for commercial sale of water. (3) If a residence is located within the City s required water connection service area, as regulated by the Code of Ordinances, that residence shall connect to the water service. Article VI: Subdivision Standards Page 54 of 176

55 Sec Wastewater (C) Extension of and Connection to the City s Wastewater Collection System (1) Extension of Wastewater System Requirement a. Extension of, and connection to, the City's wastewater (sanitary sewer) system shall be required for all new developments within the City's limits. b. The City is not in any way obligated to allow extension of municipal wastewater outside the City's limits. (2) Waiver for Wastewater System Extension Requirement The required extension of, and connection to, the municipal wastewater system may be waived as a Minor Subdivision Waiver, in accordance with Section Petition for Subdivision Waivers, by the City Engineer if the City Engineer determines that such extension would require unreasonable expenditures and that an on-site wastewater disposal system (see (E) On-Site Wastewater Disposal Systems) will function properly and safely. Design and Construction (1) Gravity Flow a. It is the policy of the City to require all wastewater collection lines to have gravity flow. b. The use of lift stations and force mains is prohibited unless a gravity design is impractical, as determined by the City Engineer. (2) Location, Design and Sizing The location, design, and sizing of all wastewater improvements shall be shown on the Construction Plans and are subject to approval by the City Engineer. Cost of Installation The cost of installing all wastewater improvements to be made by the developer, including off-site improvements, shall be included in the performance guarantees. (D) Extension (1) Cost of Extension a. Where the City's wastewater system is not planned to be extended in time to serve a proposed new development, all necessary wastewater facilities to serve such development shall be provided by and at the expense of the developer. b. If oversizing of a wastewater facility is deemed necessary by the City Engineer for future developments, then the City may participate in such oversizing costs as part of a Development Agreement. Article VI: Subdivision Standards Page 55 of 176

56 (E) On-Site Wastewater Disposal Systems (1) Cases where On-Site Wastewater Disposal Systems (OSWDS) are Permitted a. Pursuant to a Waiver for Wastewater System Extension Requirement ((2) above), if the City Engineer determines that extension of and connection to the City's wastewater system is impractical (e.g., due to construction timing of the City's system) or not feasible and where the City Engineer approves the use of an on-site wastewater disposal system(s); and b. Such on-site system(s) shall provide adequate wastewater disposal for all lots, tracts, parcels, and structures in the development that cannot be connected to the City's wastewater system. (2) OSWDS Connection Required after City s System is Available All properties and structures that are allowed to utilize an on-site wastewater disposal system shall, at the owner s expense or using funds escrowed by the developer, connect to the City's wastewater system when such municipal system is extended to the service area as determined by the City Engineer. (3) Cases Requiring Existing System Upgrades In order to protect the public health, safety and welfare, an existing on-site wastewater disposal system shall be upgraded, or reconstructed if necessary, to comply with the City's standards by the owner, at the owner s expense, if the operation of the facility does not comply with government regulations or if it causes objectionable odors, unsanitary conditions, pollution, etc. (4) Compliance and Application Timing Requirement a. All on-site wastewater disposal systems shall be designed, permitted, constructed, operated, and maintained in compliance with all applicable local, County, and State regulations. b. A permit for such system shall be acquired prior to Final Plat approval. (5) Acreage Requirement In addition to being in agreement with Oklahoma Department of Environmental Quality (DEQ) requirements, each lot, tract, parcel and structure that utilizes an on-site wastewater disposal system shall have a minimum land area of at least one-half (1/2) acre if on City water or three-fourth (3/4) acre if not on City water. (6) Separation Requirement from Water Wells In addition to being in agreement with Oklahoma Department of Environmental Quality (DEQ) requirements, no portion of any on-site wastewater disposal system shall be constructed within a minimum one hundred and fifty foot (150 ) radius around any water well either on-site or on other properties. (7) Limitations for Soil Absorption Systems On-site wastewater disposal facilities requiring soil absorption systems may be prohibited where such systems will not function properly due to high ground water, flooding, unsuitable soil characteristics, or other topographical or environmental issue. Article VI: Subdivision Standards Page 56 of 176

57 Section Drainage and Environmental Standards Sec Purpose Statement Drainage and the management of storm water runoff are critical to providing for the health, safety, and welfare of the community. Drainage from one property to another can substantially affect the use and enjoyment of the property the water is traveling across. Additionally, public creeks and waterways can be negatively affected by increased drainage. Upstream properties and their development have the potential to increase the flow and velocity of water runoff during storm events and thus potentially threaten existing homes and businesses by causing soil and creek erosion. This section (Section 38-44) is designed to proactively address drainage for new development. Sec Drainage and Storm Water Management Policies and Standards (C) Easements (1) Easement Dedication Drainage easements shall be dedicated for public drainage features in accordance with requirements of this Subdivision Ordinance. (2) Easement Design a. Drainage easements and features shall be included as a portion of buildable lot(s) and not as a lot by itself unless specifically authorized by the City Engineer. b. Easements shall be designed to allow for maintenance and shall meet the standards found in the Engineering Standards Manual and Construction Details. Storm Water Quality (1) Management of Storm Water Designs for new development shall manage storm water in a manner that protects water quality by addressing the development s potential to cause erosion, pollution, siltation, and sedimentation in the Municipal Separate Storm Sewer System (MS4) and in the 100-Year Floodplain. (2) Permit Standards It is the developer's responsibility to ensure that designs for new development meet the storm water management requirements in local and State Storm Water Discharge Permit. Permit requirements include measures that will be installed during construction to control pollutants in storm water discharges after construction operations have been completed. Storm Water Runoff (1) Storm water runoff shall be calculated anticipating a fully developed watershed. (2) The Comprehensive Plan, existing land use, and zoning maps shall be used to determine fully developed conditions. (3) The City Engineer reserves the right to review the determination of fully developed conditions and may require revisions. Article VI: Subdivision Standards Page 57 of 176

58 (D) Residential Lot-to-Lot Drainage (E) (F) The following shall apply to residential lot Subdivisions. (1) Site grading shall be carried out in such a manner that surface water from each lot will flow directly to a storm sewer, improved channel, or paved street without crossing more than one (1) adjacent lot. (2) No more than one (1) lot may drain onto an adjacent lot (i.e., multiple lots cannot drain onto the same adjacent lot). (3) Subdivisions shall be designed to prevent any surface water within a storm sewer, improved channel, or paved street from flowing onto a residential lot. Finish Floor Elevations (1) Finish Floor Elevations for Flood Protection a. The City Engineer may require finish floor elevations to provide flood protection on all lots contained within the Subdivision. b. The finish floor elevations shall: 1. Be shown on the Preliminary Plat and Site Development Plan; 2. Incorporate the most current floodplain management criteria or other criteria as necessary to avoid damages; 3. Be one (1) foot above the fully developed 100-year water surface elevation where the finish floor is associated with a 100-Year Floodplain or open channel; and 4. Be set by the developer's engineer and agreed upon by the City. (2) The following note or an amended version appropriate to the specific Plat shall be added to any Plat upon which the City Engineer requires the establishment of finish floor elevations: a. The City requires finish floor elevations on all lots contained within this addition. The minimum elevations shown are based on the most current information available at the time the plat is filed and are only subject to change by written request by the Developer s Professional Engineer (P.E.) and approval by the City Engineer. Detention and Retention Pond Design Storage of storm water runoff within a storm water management system is essential to providing the extended detention of storm water flows for water quality protection and downstream streambank erosion protection, as well as for peak flow attenuation of larger flows for flood protection. Runoff storage can be provided within an on-site system through the use of structural storm water controls and/or nonstructural features and landscaped areas. Figure 5 illustrates various storage facilities that can be considered for a development site. Detention Ponds are designed to drain a runoff volume over a specified period of time, typically 24 hours, and provide for streambank protection. Detention Ponds are designed to completely drain after a storm has passed. Likewise, Retention Ponds also serve to drain runoff, but have the added feature of a permanent pool. Figure 5: Detention and Retention Pond Examples Article VI: Subdivision Standards Page 58 of 176

59 (1) Pond Standards a. Detention shall be required for all Subdivisions one (1) acre or larger. b. Ponds shall be built to the capacity to detain the storm water runoff leaving the development to the "historic value" (before development) of a 100-year storm event. c. Extended Detention and Release Rate 1. Ponds shall provide for the extended detention of storm water to be released at a level to protect water quality and prevent streambank erosion. Due to the unique nature of each site and design on the ponds, the release rate may vary. 2. Storm water runoff may be released over 24 hours after a designed storm has passed. d. In addition to showing ponds on the Preliminary SWMP and Preliminary Drainage Plan, ponds shall be shown on and approved with Construction Plans. e. Pond designs shall include a maintenance plan and bond for the removal of sediment and continued operation of the pond in a clean and sanitary manner. f. In order to accommodate Subdivisions that are developed in phases, multiple ponds may be constructed and shall detain the runoff from associated phases and any upstream runoff contributing to the inflow of the pond. g. Ponds shall be built in the first phase of the Subdivision and maintained throughout construction of all phases of development that have the potential to contribute stormwater runoff into the pond. h. Prior to Final Plat approval: 1. Notice of termination for all storm water permits shall be filed and approved; 2. The responsibility for any ponds shall be transferred to the HOA; and 3. All sediment that has been deposited during construction activities shall be removed in order for the pond to operate at the full design capacity and standard. (2) Pond Design Requirements a. All ponds shall have a minimum 15-foot wide private permanent access easement for maintenance, larger if determined by the City Engineer. b. A sediment forebay (i.e., small pool) shall be included near the inlet of the pond to capture silt and other particles before entering the main pond. 1. The sediment forebay shall function as a pretreatment feature for the main pond. 2. Markers or stakes shall be provided within the forebay to indicate the sediment level upon which the removal of sediment from forebay is required by the maintenance plan. 3. Per approval of the Director of Community Development, a sediment forebay may not be required if the pond is to operate solely as a Detention Pond and not as a Retention Pond. c. The main pond shall be designed with a higher length to width ratio to eliminate potential for flow to bypass the pond. d. For Detention Ponds, a concrete lined pilot channel shall be provided to prevent stagnation during low flows. e. Erosion should be minimized at all times, with the outfall area being stabilized to prevent scour. f. An emergency spillway shall be provided to safely convey large flood events. g. Either a micro-pool at the outlet of the main pond, a reverse-sloping pipe, or weir outlet with a Article VI: Subdivision Standards Page 59 of 176

60 trash rack shall be provided to prevent re-suspension of sediment and outlet clogging. h. A landscaping buffer shall be provided around the pond with plants capable of surviving wet and dry periods. No trees shall be planted on the dam or within thirty (30) feet of the toe of the dam. Figure 6: Detention Pond Design Example Article VI: Subdivision Standards Page 60 of 176

61 Figure 7: Retention Pond Design Example Article VI: Subdivision Standards Page 61 of 176

62 (G) Off-Site Drainage (1) Drainage onto Adjacent Property Prohibited When any proposed development requires off-site grading where storm water runoff has been collected or concentrated, it shall not be permitted to drain onto adjacent property except in existing 100-Year Floodplains, channels, storm sewers or streets unless one of the following is provided: a. Notarized Document of Permission 1. The document shall state that the permission shall bind the owner of the affected property and be a covenant running with the land. 2. It shall also refer to the plans for the improvements creating the need for the permission. 3. The document shall be filed with the County. b. Drainage Easement 1. A drainage easement shall be dedicated for the 100-Year Floodplain, ditches, or drainage channels. 2. A drainage easement shall be of a width sufficient to comply with the criteria outlined in the Engineering Standards Manual and Construction Details. Article VI: Subdivision Standards Page 62 of 176

63 Sec Preliminary Storm Water Management Plan (C) Purpose and Applicability (1) The purpose of the Preliminary Storm Water Management Plan (SWMP) is to identify permanent water quality features and guide storm water management design within the related Construction Plans, Final Plat, and development plans/permits. (2) A Preliminary SWMP shall be prepared for all developments in accordance with the requirements set forth in the Application Form. Coordination with Preliminary Drainage Plans (1) The Preliminary SWMP shall be prepared in coordination with the Preliminary Drainage Plan on all projects where both are required. (2) The Preliminary SWMP and the Preliminary Drainage Plan may be shown on the same sheet. (3) When a Preliminary Drainage Plan is not required, the Preliminary SWMP shall indicate the existing drainage patterns, runoff coefficients, and the proposed changes to these items. Standards and Criteria (1) The Preliminary SWMP must comply with the standards and criteria outlined in: a. This Subdivision Ordinance, b. The Engineering Standards Manual and Construction Details, and c. The Code of Ordinances (e.g., Chapters 13 and 43), including Erosion Control/Sediment Plans. (2) The Preliminary SWMP may satisfy the storm water management portion of the Storm Water Pollution Prevention Plan (SWPPP) that is required for construction activities; however, the Preliminary SWMP is not a substitution for the SWPPP. (3) The City's review of the Preliminary SWMP does not constitute acceptance of the related Construction Plans or development plans/permits. (D) Proposed Area (E) (1) The developer shall provide a Preliminary SWMP for the area proposed for development. (2) For amended Plats or Plats with a previously accepted Preliminary SWMP, the accepted Preliminary SWMP shall be enforced unless a revised Preliminary SWMP is required. Preliminary SWMP Submittal (1) A digital copy of the Preliminary SWMP plan shall be submitted with the submittal of a Preliminary Plat or Replat for review and acceptance. (2) The Preliminary SWMP shall be labeled as Preliminary. (3) The Preliminary SWMP shall be signed, sealed, and dated by the Professional Engineer (P.E.), or shall contain a statement showing the Professional Engineer s name and license number and affirming the Preliminary SWMP was prepared under the direction of the engineer and that the plan is preliminary. Article VI: Subdivision Standards Page 63 of 176

64 Sec Preliminary Drainage Plan (C) Purpose and Applicability (1) The Preliminary Drainage Plan is a guide for the detailed drainage design within the related Construction Plans, Final Plat, and development plans/permits. (2) A Preliminary Drainage Plan shall be prepared for all developments in accordance with the requirements set forth in the Application Form. Plan Required, Previous Plans, and Waivers (1) For any property involved in the development process, a Preliminary Drainage Plan shall be provided, at the developer's expense, for the area proposed for development. (2) For property with a previously accepted Preliminary Drainage Plan, the accepted Preliminary Drainage Plan may be submitted and enforced unless a revised Preliminary Drainage Plan is required by the City due to lot reconfiguration or other conditions created by the new Plat. (3) The City Engineer may waive the requirement for a Preliminary Drainage Plan if the submitted Plat is not anticipated to cause any significant change in runoff characteristics from a previously accepted drainage study or for single residential properties where no drainage problems are anticipated. (4) If the Applicant requests a waiver in writing, a copy of any previous drainage plan shall be provided. Standards and Criteria (1) The Preliminary Drainage Plan shall show the watershed affecting the development and how the runoff from the fully-developed watershed will be conveyed to, through, and from the development. (2) The Preliminary Drainage Plan must comply with the standards and outlined in: a. This Subdivision Ordinance, b. The Engineering Standards Manual and Construction Details. c. The Code of Ordinances (e.g., Chapters 13 and 43). (3) The review of the Preliminary Drainage Plan does not constitute final drainage plan approval related to Construction Plans or development plans/permits or authorize a waiver to this Subdivision Ordinance. (D) Preliminary Drainage Plan Submittal (1) Three (3) paper copies of the Preliminary Drainage Plan shall be submitted with the submittal of a Preliminary Plat or Replat for review and acceptance. (2) The Preliminary Drainage Plan shall be labeled as Preliminary. (3) The Preliminary Drainage Plan shall be stamped by and dated by the Engineer, Professional. Article VI: Subdivision Standards Page 64 of 176

65 Sec Floodplain Development Requirements All development proposed adjacent to or within the 100-year floodplain shall be in accordance with the City's Flood Hazard Prevention Ordinance and this Subdivision Ordinance. Sec Year Floodplains Floodway Restrictions (1) Development within a Floodway Prohibited For the health, safety, and welfare of residents and for the conservation of water, storm drainage, and sanitary sewer facilities, development of any portion of a property that lies within the Floodway of any 100-Year Floodplain shall be prohibited. 100-Year Floodplain Restrictions (1) All 100-Year Floodplains shall be maintained in an open natural condition, unless authorized in writing by the City. (2) Certain Activities within the 100-Year Floodplain Prohibited a. 100-Year Floodplains shall be protected from destruction or damage resulting from clearing, grading, and dumping of earth, waste or other foreign materials. b. Clearing, grading, excavation or filling of any area within the 100-Year Floodplain shall be prohibited unless authorized in writing by the City. (3) All 100-Year Floodplains are subject to the following requirements for all types of development: a. The 100-Year Floodplain shall be dedicated on the Final Plat to the City as a single lot or may be owned and maintained by an HOA, pursuant to Section Homeowners Association (HOA) Requirements of this Subdivision Ordinance. b. At no time shall any portion of the 100-Year Floodplain exist or be within any single-family or two-family residential lot. Figure 8: 100-Year Flood Elevation Example Article VI: Subdivision Standards Page 65 of 176

66 (C) Flood Access and Maintenance Easement A fifteen (15) foot wide maintenance easement shall be required for maintenance purposes as required by the City Engineer adjacent to the Floodway (See Figure 57: Streets Adjacent to the Floodplain). (D) Retaining Wall(s) (E) (F) (G) A retaining wall(s) may be allowed between a house and the 100-Year Floodplain as approved by the City Engineer. Adjacent Street(s) Widths The size of streets adjacent to a 100-Year Floodplain shall have a minimum Right-of-Way width of fifty feet (50 ). Adjacent Street Types (1) Phases Street requirements shall be reviewed per development phase. (2) Parallel Streets A minimum sixty percent (60%) of the linear frontage of the 100-Year Floodplain shall be adjacent to a parallel street (See Figure 57: Streets Adjacent to the Floodplain). (3) Cul-de-sac Streets Fences a. No more than one cul-de-sac in a row. b. Cul-de-sacs shall comply with the following criteria (See Figure 58: Cul-de-Sacs Adjacent to a 100-Year Floodplain): 1. A minimum fifty percent (50%) of an adjacent cul-de-sac bulb shall be open to the 100- Year Floodplain and no residential lot shall encroach within the area between this line and the Major Creek. 2. An entry monument(s) or feature(s) as well as landscaping shall be provided at the end of the cul-de-sac and a pathway of a minimum twelve (12) feet in width shall be provided to the Major Creek as approved by the Director of Community Development. Fences adjacent to a 100-Year Floodplain shall comply with the following criteria (See Figure 59: Fencing Options for Lots Abutting a 100-Year Floodplain): (1) Have a maximum fifty percent (50%) opacity; (2) Have a height of six (6) feet to eight (8) feet as measured from grade at that location; (3) Ornamental metal fences, with either masonry columns or a masonry base of a maximum three (3) feet in height shall be located along the rear and side of the lots, are subject to City review and approval by the Director of Community Development; and (4) The lot owner is responsible for the maintenance of the fence. Article VI: Subdivision Standards Page 66 of 176

67 (H) Exceptions for Planned Unit Development (I) For properties that have an approved Planned Unit Development (PUD) Ordinance adopted prior to the effective date of this Subdivision Ordinance, (F) above (Adjacent Street Types) shall not apply; provided, however, said properties are subject to the following conditions: (1) Any lot that backs to the 100-year floodplain shall have a minimum rear yard setback of twenty-five feet (25 ); (2) Any lot that sides to the 100-year floodplain shall have a minimum side yard setback of fifteen feet (15 ); (3) Alternating cul-de-sacs and looped streets shall be provided at intervals not to exceed fifteenhundred feet (1,500 ) for access to the 100-year floodplain; and (4) The 100-year floodplain shall be available to public access from the end of a cul-de-sac. Additional Studies At the request of the City, the property owner shall submit additional studies, including but not limited to the following, as deemed appropriate and necessary by the City, as part of the Preliminary Plat submittal requirements. These studies shall be considered during review and approval of the Preliminary Plat. (1) Wetland Delineation Study; (2) Habitat Study; (3) Vegetative Study; (4) Storm Drainage Study; (5) Riparian (i.e., Tributary) Study; (6) Flood Study; and (7) Downstream Assessment Study. Article VI: Subdivision Standards Page 67 of 176

68 Section Street Requirements Sec Purpose Statement Streets are one of the most important and frequently used Public Improvements. Streets account for the largest percent of public land within most cities. Street and their design influence both the functionality of the City s transportation system and desirability of the neighborhoods they serve. Furthermore, streets provide opportunities to address the provision of storm water and other utilities. Sec Streets Basic Policy (C) Standard Requirements All streets, driveway approaches, curbs, gutters, pavements and appurtenances necessary to provide access to properties shall be provided by the developer, shall be designed, constructed and maintained in accordance with standards in the Engineering Standards Manual and Construction Details, and Planned Unit Development (PUD) Ordinance (if applicable to the subject property), and shall be subject to approval by the City Engineer. Street Improvements In platting a new development, the property owner shall provide additional Right-of-Way needed for existing or future streets as required and shown by the Comprehensive Plan, Trails Master Plan, and/or Engineering Standards Manual and Construction Details. Improvement of Existing Substandard Streets (1) When a proposed residential or nonresidential development abuts one or both sides of an existing substandard street, the developer shall be required to: a. Improve the substandard street and its appurtenances (such as curbs and gutters, sidewalks, barrier-free ramps, street trees, etc.) to bring them to City standards, or b. Replace the substandard street, if any, and its appurtenances with a standard City street, at no cost to the City other than as may be provided in the City's cost-sharing policies that are in effect at the time of Final Plat approval. (2) Developer Options If the requirements for improving an existing substandard street imposed by this Article VI.Sec (C) would result in unnecessary hardship or would be disproportional to the impacts generated by the development on the City's street system and the waiver requirements in the City Code are met, then the developer may request a Major Subdivision Waiver (Section Petition for Subdivision Waivers) or may file a proportionality appeal (Section Subdivision Proportionality Appeal). (D) New Perimeter Streets (1) Construction of a New Perimeter Street If a proposed residential or nonresidential development is developed abutting an existing or planned Arterial Street or Collector Street (as shown on the Comprehensive Plan), then the developer shall construct a portion of the abutting street and its appurtenances (such as curbs and gutters, sidewalks, barrier-free ramps, street trees, etc.) to the City's design standards for that type of street (per the Engineering Standards Manual and Construction Details). (2) Waiver of the Construction of a New Perimeter Street Requirement The Director of Community Development may grant a Minor Subdivision Waiver, in accordance with Section Petition for Subdivision Waivers, if circumstances exist on the subject property or on adjacent property that make it difficult or impractical to comply with this requirement. Article VI: Subdivision Standards Page 68 of 176

69 (E) New Internal Streets (1) All new streets and their appurtenances internal to a proposed residential or nonresidential development shall, at a minimum, be built to a width and design that will adequately serve that development, and shall conform to the Engineering Standards Manual and Construction Details. (2) If oversizing of an internal street is deemed necessary by the City Engineer for traffic safety or efficiency (such as adjacent to a school or park site), then the City and/or the applicable School District may participate in such oversizing costs as part of a Development Agreement. Sec Private Streets Private streets within the City may be allowed in accordance with this Sec Private Streets. (C) Private Street Standards Private streets shall be designed and constructed to the City's standards for public streets, in accordance with the Comprehensive Plan, Trails Master Plan, and Engineering Standards Manual and Construction Details. Private Street Approval Required (1) All private streets shall be within a PUD Zoning District. (2) Private Streets shall require approval at the time of Preliminary Plat or Replat approval. (3) Private streets shall be permitted only as Local Streets or Collector Streets in any Subdivision. Private Street Approval Criteria (1) Non-disruption of planned public roadways or facilities/projects (thoroughfares, parks, park trails, public pedestrian pathways, etc.); (2) Non-disruption to and from properties of future developments either on-site or off-site to the proposed Subdivision; (3) No negative affect on traffic circulation on public streets; (4) No impairment of access to and from public facilities including schools or parks; (5) Adequate and timely provision of essential municipal services (emergency services, water/sewer improvements or maintenance, etc.); (6) Limited access to a development created by the existence of natural and/or man-made boundaries around the development (creeks, floodplain, golf courses, parks); and/or (7) Absence of a concentration of Private Street developments in the vicinity of the requested Private Street development. (D) Homeowners Association (HOA) Requirements Private Street shall be maintained by the HOA, see Section Homeowners Association (HOA) Requirements for further HOA requirements. Article VI: Subdivision Standards Page 69 of 176

70 Sec Street Design and Appurtenances (C) Application of Requirements Street design requirements are subject to the provisions included in the Engineering Standards Manual and Construction Details and Planned Unit Development (PUD) Ordinance (if applicable to the subject property) as well as the regulations contained within this Subdivision Ordinance. Conformity to the City s Comprehensive Plan The general location of streets shall conform to the City's Comprehensive Plan. For streets that are not shown on the City's Comprehensive Plan, such as local residential streets, the arrangement of such streets shall: (1) Provide for the continuation or appropriate projection of existing streets or street stubs from or into surrounding areas refer to street stub requirements outlined in (F) below (Stub Streets) and connectivity requirements in (E) below); (2) Conform to any plan for the neighborhood approved or adopted by the City to address a particular situation where topographical or other conditions make continuance or conformity to existing streets impractical; and (3) Not conflict with existing or proposed streets or driveway openings, including those on the opposite side of an existing or planned thoroughfare. New streets shall align with streets on the opposite side of an existing or planned thoroughfare and driveway openings such that median openings can be shared. Relation to Adjoining Street System The proposed street system shall extend all existing Arterial Streets and such existing Collector Streets and Local Streets as may be necessary for convenience of traffic circulation and emergency ingress and egress. (D) Two (2) Subdivision Access Points Required from Arterial Street or Collector Street (1) Applicability This section applies to the following Subdivisions: a. Residential Subdivisions, except for Subdivisions of fifty (50) lots or less; and b. Nonresidential subdivisions, except for Subdivisions of one (1) acre or less. (2) Two (2) Means of Access Per Subdivision Required a. All Subdivisions shall have at least two (2) means of access or approach from an Arterial Street or Collector Street. b. Access points shall be separated from other access points by a distance of at least 200 feet. c. Where development phasing or constraints of the land prevent the provision of a second, separate means of access, the City may accept a temporary street connection provided that a second permanent access point can be reasonably anticipated with future development of adjacent properties. d. Standards Specific to Lots within Nonresidential Subdivisions 1. Within nonresidential Subdivisions, each lot created shall have at least two (2) points of access within the Subdivision to an Arterial Street or Collector Street, which may be from an access easement, as shown on Figure 56: Access and Connections to Adjacent Properties. Article VI: Subdivision Standards Page 70 of 176

71 (E) (F) (3) Access Point Aligned with Median Opening Required a. Alignment with Median Opening For properties situated adjacent to an existing or planned median-divided thoroughfare, at least one (1) access point shall occur at or through an access easement to a median opening. (See Figure 56: Access and Connections to Adjacent Properties) b. Waiver of the Alignment with Median Opening Requirement The Director of Community Development may grant a Minor Subdivision Waiver, in accordance with Section Petition for Subdivision Waivers, if circumstances exist on the subject property or on adjacent property that make it difficult to comply with this requirement. Two (2) Subdivision Street Connections to Adjacent Properties (1) Applicability This section applies to the following Subdivisions: a. Residential Subdivisions, except for Subdivisions of fifty (50) lots or less; and b. Nonresidential Subdivisions, except for Subdivisions of one (1) acre or less. (2) Two Street Connections Required a. New Subdivisions shall provide at least two (2) street connections to adjacent developments, as determined by the Director of Community Development, allowing access between developments for neighborhood traffic and to enhance pedestrian and bicycle connectivity as recommended in the Comprehensive Plan. (See Figure 56: Access and Connections to Adjacent Properties) b. Street connections shall be separated from another street connection by a distance of 200 feet. c. For new residential Subdivisions with more than fifty (50) lots, the use of cul-de-sac streets shall be limited within new developments to the greatest extent possible. The Fire Chief and the Director of Community Development shall have the authority to determine whether the use of cul-de-sacs in a development meets the intent of this Section during City review and consideration of the Preliminary Plat. d. Within nonresidential Subdivisions, driveway connections shall be an acceptable alternative to a street connection to an adjacent nonresidential development. Stub Streets (1) Connections are required to adjacent vacant properties at locations as approved by the Director of Community Development. A connection will not be required if, in the opinion the Director of Community Development, adjacent vacant properties will likely not be developed (due to proximity to floodplain, etc.). (2) A note shall be clearly placed on the Final Plat indicating that the stub street is intended to be extended with future development (see requirements for temporary turn-arounds in the Engineering Standards Manual and Construction Details). (3) All stub streets shall conform to the Engineering Standards Manual and Construction Details, which contain the engineering design requirements. Article VI: Subdivision Standards Page 71 of 176

72 (G) Traffic Studies The City Engineer may require a Traffic Impact Analysis (TIA) or other type of engineering study from the developer prior to any approval for Plats or Construction Plans for technical data pertaining to the potential traffic impact of the proposed development on the City's street system. (H) Minimum Driveways Separations (I) (J) (1) The minimum distance between driveway separations shall conform to the Engineering Standards Manual and Construction Details. (2) Access Easements may be required (Sec Access Easements). (3) Driveways shall meet all City requirements, including requirements with the City s Code of Ordinances Street Lighting (1) Street lighting shall be provided along all streets and thoroughfares in accordance with the Engineering Standards Manual and Construction Details. (2) The City Engineer shall be the Responsible Official for decisions related to street lighting, and may authorize a Minor Subdivision Waiver in accordance with Section Petition for Subdivision Waivers for a street lighting requirement if such Minor Subdivision Waiver will not compromise public health, safety, security and convenience. Curbs: Barrier Curbs and Mountable Curbs (1) Barrier Curbs, as shown in the Engineering Standards Manual and Construction Details, shall be required for all developments, except for the following cases: a. Mountable Curbs may be allowed along Private Streets or multifamily developments within a Planned Unit Development Zoning District. b. Curbs shall not be required in single-family subdivisions when all platted lots are one (1) acre or greater. (2) All curbs shall conform to the Engineering Standards Manual and Construction Details governing the placement and construction for Mountable Curbs. (K) Gutters: Requirement and Exemptions (L) (1) Enclosed storm sewers, as shown in the Engineering Standards Manual and Construction Details, shall be required for all developments, except for the following cases: a. A bar-ditch (also referred to as an open storm sewer) shall be allowed for large-lot Subdivisions at least ten (10) acres or larger; and b. All lots within the Subdivision shall be a minimum of one (1) acre; and c. The bar-ditch design shall be subject to the approval of the City Engineer at the time of the Preliminary Drainage Plan. (2) The design, placement, and number of gutters shall be determined using a Preliminary Drainage Plan and approved via Construction Plans. Street Signage and Striping Plan A Street Signage and Striping Plan shall be submitted with the Preliminary Plat indicating the locations of all roadway signs, such as stop signs, and lane striping. Article VI: Subdivision Standards Page 72 of 176

73 Minor Streets Major Streets Midwest City, Oklahoma Adopted: 8/14/2012 Chapter 38: Subdivision Regulations (M) Street Widths and Rights-of-Way Street widths and related rights-of-way shall be designed in accordance with Table 4: Minimum Roadway Standards and with the City's: (1) Comprehensive Plan; (2) Trails Master Plan; (3) Engineering Standards Manual and Construction Details; and (4) Planned Unit Development (PUD) Ordinance (if applicable to the subject property). All streets shall be paved with a permanent type of pavement in accordance with the Engineering Standards Manual and Construction Details. Table 4: Minimum Roadway Standards Roadway Type Rightof-Way Street Width Traffic Lanes Median Additional Utility Easements* Primary Arterial 120 ft. 50 ft. 4 None 10 ft. Primary Arterial - Divided 120 ft. 88 ft. 6 Raised - 16 ft. 10 ft. Secondary Arterial 100 ft. 50 ft. 4 None 10 ft. Secondary Arterial - Divided 100 ft. 60 ft. 4 Raised - 12 ft. 10 ft. Collector 60 ft. 32 ft. 2 None None Local 50 ft. 26 ft. 2 None None * In addition to the Right-of-Way (N) Street Names, Street Name Signs, and Traffic Control Signs (1) Street Names a. New streets shall be named so as to provide name continuity with existing streets, and so as to prevent conflict or sound-alike confusion with similar street names. b. All street names shall be approved by the Director of Community Development prior to any Plat approval and prior to approval of the Construction Plans. c. All streets shall meet the numbering and naming system as laid out in the Engineering Standards Manual or other applicable City regulations. (2) Cost of Signs The cost of street name signs and traffic control signs shall be paid for, and the signs shall be installed, by the developer under the supervision of the City. (3) City Standards All street name signs and traffic control signs shall conform to the Engineering Standards Manual and Construction Details. Article VI: Subdivision Standards Page 73 of 176

74 (O) Street Lengths (1) Non-Cul-De-Sac Streets No maximum street length exists for non-cul-de-sac streets. However, maximum block length is established in below (Maximum Block Lengths). (2) Cul-De-Sac Streets a. A cul-de-sac shall not exceed 500' in length, measured from the nearest street Right-of-Way line to the outer curb line of the cul-de-sac. b. When topography or ownership create a hardship, the Planning Commission and City Council may waive the 500' maximum cul-de-sac length, but the cul-de-sac shall not exceed 1,000' in length except as noted below (in subparagraph [e]). c. If the street is more than 150' in length, a turn around shall be provided. d. Cul-de-sacs shall be designed in accordance with the Engineering Standards Manual and Construction Details. e. Cul-de-sacs that are proposed to exceed 1,000 in length shall only be approved within subdivisions that are zoned to a Planned Unit Development district. (3) Prior Approvals 1. Such cul-de-sacs shall be designed in a manner to attempt to slow traffic by the use of center islands at a spacing of one such island at every 500' in street length. 2. Each island shall be a minimum of 150 square feet in area and shall be owned and maintained by a Homeowners Association (HOA) or the developer of the subdivision. a. A Preliminary Plat or Final Plat approved prior to the effective date of this Subdivision Ordinance shall be exempted from the street length requirement. b. However, the City may consider, and shall be authorized to enforce, these requirements if major changes to the approved Preliminary Plat or Final Plat are sought by the applicant. c. Major changes include, but are not limited to: 1. Rerouting of streets; or 2. Increasing the lot count by five percent (5%) or more from the previously approved Preliminary Plat or Final Plat. Article VI: Subdivision Standards Page 74 of 176

75 Sec Traffic Calming Devices Within all single-family residential subdivisions, the following shall be constructed. If a Local Street Intersects a Collector Street If a Local Street intersects a Collector Street, then one (1) of the following three (3) options shall occur at the intersection, unless otherwise noted. (1) Textured Pavement or Striping at Crosswalks at Intersections a. Two (2) textured crosswalks per intersection, which includes the use of stamped pavement or alternate paving materials, such as brick pavers, to create clearly defined areas for pedestrians at crosswalks; or b. Four (4) striped crosswalks per intersection. Striping at crosswalks will clearly delineate the pedestrian pathway and indicate to motorists that pedestrians may be near. The use of striped crosswalks shall be limited to 75 percent of the applicable intersections. Figure 9: Textured Pavement at Crosswalks Figure 10: Striping at Crosswalks Figure 11: Textured Pavement at Crosswalks Figure 12: Striping at Crosswalks Figure 13: Textured Pavement at Crosswalks Figure 14: Striping at Crosswalks Article VI: Subdivision Standards Page 75 of 176

76 (2) Raised Crosswalks at every other Intersection One raised crosswalk from one side of the Collector Street to the other side of the Collector Street is required per two intersections. Raised crosswalks are speed tables outfitted with crosswalk markings and signage to channelize pedestrian crossings, providing pedestrians with a level street crossing. Collector Street Local Street Local Street Collector Street Figure 15: Raised Crosswalk at an Intersection Figure 16: Raised Crosswalk at an Intersection (3) Traffic Island or Traffic Circle at Intersections Traffic islands or circles are raised areas, placed in intersections, around which traffic circulates. Figure 17: Traffic Island Figure 18: Traffic Island Figure 19: Traffic Island Figure 20: Traffic Island Article VI: Subdivision Standards Page 76 of 176

77 Figure 21: Traffic Circle Figure 22: Traffic Circle Figure 23: Traffic Circle Figure 24: Traffic Circle Article VI: Subdivision Standards Page 77 of 176

78 If a Collector Street Exceeds 1,000 Feet in Length If a Collector Street exceeds 1,000 feet in length, then one (1) of the following four (4) options shall occur per 1,000 feet or portion thereof. (1) Narrowing The width of the traffic lane is reduced by adding islands, curb extensions, restriping the existing pavement, or adding a line of traffic buttons. If using paint or traffic buttons to narrow the travel lanes, one line is placed at the centerline of the street and another line at the edge of the individual travel lane. These markings have the effect of narrowing the travel lane, inducing drivers to slow down. Figure 25: Narrowing by Curb/Island Figure 26: Narrowing by Traffic Buttons (2) Traffic Island or Traffic Circle at Intersections Traffic islands or circles are raised areas, placed in intersections, around which traffic circulates. Figure 27: Traffic Island Figure 28: Traffic Island Figure 29: Traffic Circle Figure 30: Traffic Circle Article VI: Subdivision Standards Page 78 of 176

79 (3) Chicane A chicane is a series of narrowings with curb extensions that alternate from one side of the street to the other forming S-shaped curves. It may also be called a deviation, serpentine, reversing curve, twist, or staggering. These shall be installed away from intersections. Figure 31: Chicane (Source: Figure 32: Chicane (Source: Figure 33: Chicane (4) Striped Bicycle Lanes A striped bicycle lane located along the entire length of the Collector Street. Figure 34: Bicycle Lane Figure 35: Bicycle Lane Figure 36: Bicycle Lane Article VI: Subdivision Standards Page 79 of 176

80 (C) Example Subdivision with Traffic Calming Devices The following figure displays how traffic calming devices could be placed in subdivisions and shall be used for illustrative purposes only. Raised Crosswalk Textured Crosswalk Traffic Island Chicane Bicycle Lane Striped Crosswalk Narrowing Figure 37: Example Subdivision with Traffic Calming Devices Article VI: Subdivision Standards Page 80 of 176

81 Section Thoroughfare Screening Sec Purpose Statement The image of the City and its related influence on property values and the types of development that occur directly affect the public welfare of the City. With streets being the largest public land use, the image people experience when traveling City streets can have a substantial impact on the overall image of the City. This section (Section 38-46) is designed to create a positive visual image from City streets by providing quality screening options using landscaping, masonry, or fence materials. In addition to improving the City s image, these landscape screening options are intended to buffer residential uses from roadway noise to minimize sound and visual nuisances of roadway adjacency. Sec Required Screening Screening is required for all single-family detached, two-family, and townhome lots and subdivisions as follows: Back of Lots The rear of all lots that back to an Arterial Street; (C) Side of Lots The side of all lots that side to an Arterial Street; and Between Streets/Alleys Between any street and an adjoining parallel alley. Sec Screening Plan Preliminary Screening Plan Figure 38: Street and an Adjoining Parallel Alley without Screening A Preliminary Screening Plan shall be submitted for review and approval with the Preliminary Plat. Final Screening Plan (1) A Final Screening Plan, including entry features and showing all elevations and materials, shall be submitted with the Construction Plans. (2) The Screening Plan shall be reviewed and considered for approval by the Director of Community Development prior to approval of the Construction Plans, and prior to scheduling a Pre-Construction Meeting (refer to Section Pre-Construction Meeting). (C) City Design Standards (1) Screening walls and fences shall be designed in accordance with the City's codes. (2) Structural elements shall be sealed by a licensed professional engineer and approved by the City. (D) Timing of Installation and Inspection The timing and inspection of all required screening shall comply with Section Inspection, Maintenance, and Acceptance of Public Improvements. Sec Landscape Plan Landscape Plan A Landscape Plan for landscaping that will be installed for the development, including landscaping for common and amenity areas, entryways and thoroughfare screening, shall be submitted with the Construction Plans and shall be approved by the Director of Community Development prior to approval of the Construction Plans and prior to scheduling a Pre-Construction Meeting (refer to Section 38-28). Article VI: Subdivision Standards Page 81 of 176

82 (C) Standards Landscape materials and installation shall be in accordance with Chapter 42 of the Midwest City Code. Timing of Installation and Inspection. The timing and inspection of all required screening shall comply with Section Inspection, Maintenance, and Acceptance of Public Improvements. Sec Screening and Landscaping Scenarios Screening required by Sec Required Screening shall be installed by the developer in accordance with the approved Screening Plan(s) and Landscaping Plan(s), as applicable. The design of such screening shall conform to one of the scenarios shown in Table 5: Thoroughfare Screening Scenarios. (C) Thoroughfare Screening Scenarios (1) See Figure 40: Thoroughfare Screening Scenario 1(a). (2) See Figure 41: Thoroughfare Screening Scenario 1(b). (3) See Figure 42: Thoroughfare Screening Scenario 2(a). (4) See Figure 43: Thoroughfare Screening Scenario 2(b). (5) See Figure 44: Thoroughfare Screening Scenario 2(c). Landscape Edge A landscape edge (i.e., buffer area) shall be located within a private non-buildable lot (shown on the Preliminary Plats and Final Plats) that is dedicated to, owned by, and maintained by the Subdivision s Homeowners Association (HOA) or owner. Required landscape edges shall be exclusive of all required street and right-turn rights-of-way, drainage easements, and utility easements. Screening and Landscaping Examples The figures below are for illustrative purposes only and are intended to portray the general concept of screening and landscaping. Figure 39: Screening and Landscaping Examples Article VI: Subdivision Standards Page 82 of 176

83 Table 5: Thoroughfare Screening Scenarios Thoroughfare Screening Scenario Landscape Edge (minimum width) Screening Wall/Fence Type Trees/ Frontage (2.5 cal. min.) Shrub Screen Berms Scenarios Scenario 1 Applies to lots that back or side to an Arterial Street Figure 40: Thoroughfare Screening Scenario 1(a) Figure 41: Thoroughfare Screening Scenario 1(b) Arterial Street 10 Landscape Edge (a) Continuous 6 to 8 high solid masonry wall (which can be staggered or offset with landscape plantings (1) ) or (b) Continuous 4 to 8 high ornamental metal fence. Columns 9 max. with capstone, apply for each Scenario. One 2.5 cal. tree per 30 frontage Min. 6 ht. solid evergreen shrub screen at time of planting (not required if 6-8 solid masonry wall is used) Not required (max. slope 3:1 if used) Scenario 2 Applies to lots that are separated from an Arterial Street by an alley Figure 42: Thoroughfare Screening Scenario 2(a) Figure 43: Thoroughfare Screening Scenario 2(b) Arterial Street 10 Landscape Edge Scenarios (a) (b) (c) Continuous 4 to 8 high solid masonry wall or Continuous 4 to 8 high ornamental metal fence or Continuous 6 to 8 high solid masonry wall (can be staggered or offset with landscape plantings (1) ). One 2.5 cal. tree per 30 frontage Min. 6 ht. solid evergreen shrub screen at time of planting (not required if 6-8 solid masonry wall is used) Not required (max. slope 3:1 if used) Figure 44: Thoroughfare Screening Scenario 2(c) Columns 9 max. with capstone, apply for each Scenario. Notes: (1) As approved by the Director of Community Development. Landscape plantings may not be utilized for more than 45 percent of the length of the required wall. Article VI: Subdivision Standards Page 83 of 176

84 * One 2.5 caliper tree per 30 of frontage. ** * A Landscape Edge, per Sec , shall be dedicated to the HOA on the Plat. **A wall maintenance easement (WME), per Sec (D)(8), shall be dedicated to the HOA on the Plat. Figure 40: Thoroughfare Screening Scenario 1(a) Article VI: Subdivision Standards Page 84 of 176

85 * One 2.5 caliper tree per 30 of frontage. ** * A Landscape Edge, per Sec , shall be dedicated to the HOA on the Plat. **A wall maintenance easement (WME), per Sec (D)(8), shall be dedicated to the HOA on the Plat. Figure 41: Thoroughfare Screening Scenario 1(b) Article VI: Subdivision Standards Page 85 of 176

86 * One 2.5 caliper tree per 30 of frontage. * A Landscape Edge, per Sec , shall be dedicated to the HOA on the Plat. Figure 42: Thoroughfare Screening Scenario 2(a) Article VI: Subdivision Standards Page 86 of 176

87 * One 2.5 caliper tree per 30 of frontage. * A Landscape Edge, per Sec , shall be dedicated to the HOA on the Plat. Figure 43: Thoroughfare Screening Scenario 2(b) Article VI: Subdivision Standards Page 87 of 176

88 * One 2.5 caliper tree per 30 of frontage. * A Landscape Edge, per Sec , shall be dedicated to the HOA on the Plat. Figure 44: Thoroughfare Screening Scenario 2(c) Article VI: Subdivision Standards Page 88 of 176

89 (D) Screening Walls and Fences (E) All required screening walls and fences shall be: (1) Located entirely within the required landscape edge or landscape easement; (2) Subject to the approval of the Director of Community Development; (3) Of the minimum (and maximum) heights as shown in Table 5: Thoroughfare Screening Scenarios; (4) Maintained by the HOA (or by the private lot owners if the HOA is dissolved in the future); (5) The minimum height of required walls and fences shall be measured from the nearest alley edge, rear lot property line (where no alley exists), or street-side sidewalk grade, whichever is higher. (6) The maximum height of columns, including capstones, shall be nine feet (9 ); (7) Any area between alley paving and a screening wall or fence shall be paved with concrete unless otherwise approved by the City Engineer; and (8) A minimum five-foot (5 ) wide wall maintenance easement, dedicated to the HOA, shall be provided on all lots abutting the required screening along the full length of the required screening wall or fence, unless separated by an alley. Such easement shall be shown on the Preliminary Plat and Final Plat. Trees and Shrub Screens (1) All required screening trees and shrubs shall be planted within the landscape edge or landscape easement. (2) All trees and other landscape materials required for screening shall be of an evergreen droughttolerant species and conform to Chapter 42 of the Code of Ordinances, and shall be subject to approval by the Director of Community Development. (3) Minimum tree size shall be at least 2.5 caliper inches and a single species of tree shall not exceed forty-five percent (45%) of the plantings for all screening scenarios. (4) All trees shall be planted a minimum of four feet (4 ) from easements, curbs, utility lines, screening walls, fences, sidewalks and alleys, as determined by the Director of Community Development. (5) Solid Shrub Screens a. For solid shrub screens, evergreen shrubs shall be used that are low-maintenance, droughttolerant, and insect- and disease-resistant. b. The Director of Community Development shall approve all shrubs. c. Shrubs shall be spaced such that they will provide a solid minimum six-foot (6 ) tall screen upon planting. Article VI: Subdivision Standards Page 89 of 176

90 (F) Berms (1) Berms may be used in conjunction with any screening scenario, subject to approval by the City Engineer and Director of Community Development. (2) Berms shall be placed within the landscape edge on private property (i.e., not within public Right-of- Way), shall not exceed a three-to-one (3:1) slope, and shall be designed such that they do not hinder maintenance, storm drainage, accessibility or visibility. (3) Topographic information for berms shall be shown on the Landscape Plan and on the Grading and Drainage Plans for the development. Sec Wall Elevations and Living Screens (C) Solid, Irrigated Living Screen If the top-of-wall elevation for a required screening wall is less than six feet (6 ), as measured in accordance with Sec (D)(5), then a solid, irrigated living screen shall be used in combination with the screening wall to provide the necessary screening at the appropriate height from grade. Placement An irrigated living screen consisting of large trees and additional large evergreen shrubs that are appropriate for screening purposes shall be planted within the landscape edge where the height deficiency occurs. Approval The species, sizes, spacing, and arrangement of all trees and shrubs that are required for screening shall be subject to the discretion and approval of the Director of Community Development. (D) Demonstration of Adequate Visual Screening (E) When an irrigated living screen is utilized, the Landscape Plan (Sec Landscape Plan) shall demonstrate adequate visual screening at the heights required and within required time frames, and such living screen shall be subject to the approval of the Director of Community Development. Topography Changes Tree and living screen requirements on sites with topography changes are subject to the approval of the Director of Community Development. Article VI: Subdivision Standards Page 90 of 176

91 Sec Irrigation Requirements An automatic, underground irrigation system shall provide one hundred percent (100%) coverage for all living screens and plantings, and shall conform to the following: (C) Line Placement (1) Irrigation lines shall be placed a minimum of two and one-half (2½) feet from the sidewalk. (2) Reduction of this requirement is subject to review and approval by the Director of Community Development. (3) The main irrigation lines, section lines, and zone valves for irrigation systems shall be placed outside of required Right-of-Way corner clips. Type of Irrigation (1) Trees and shrubs shall be irrigated by deep-watering bubbler irrigation lines only on a separate line or zone (for targeted irrigation during periods of drought). (2) Separate valves shall be provided to turn off all or some irrigation lines/zones during periods of drought, water conservation, or freezing weather temperatures. Rain and Freeze Sensors Rain and freeze sensors are required on all irrigation systems. (D) Water Meter (1) The developer is responsible for installing irrigation water meter(s). (2) The City Engineer shall approve all water meter sizes and placement. (3) All water meters shall be easily accessible from the street. Sec HOA Responsibilities Mandatory HOA Required All developments that have thoroughfare screening, entry features, or common amenity areas shall be required to have a mandatory HOA to own and maintain such features (see Section Homeowners Association (HOA) Requirements). Failure by the HOA to Maintain If an HOA fails to maintain any required screening device, the Director of Environmental Services and/or the Director of Community Development, at their discretion, shall have the authority to cause the removal and/or replacement of such required screening at the expense of the HOA. Sec Permit Required for a Screening Fence or Wall (1) A permit is hereby required for the construction or installation of any fence or wall in the amount of ten dollars ($10.00). (2) Such permit shall be issued by the Director of Community Development upon payment of the fee prescribed herein and compliance with the provisions therein. (3) Waiver of the Permit Required for a Screening Fence or Wall If a screening fence or wall is approved by the Director of Community Development per Sec Screening Plan, then the Director of Community Development may approve a Minor Subdivision Waiver for the permit requirement in accordance with Section Petition for Subdivision Waivers. Article VI: Subdivision Standards Page 91 of 176

92 Section Sidewalks Sec Purpose Statement As a critical component to the City s transportation system, sidewalks serve to provide for the health, safety, and welfare of the City. Sidewalks provide safe pathways for people to move about the City and reduce the potential for pedestrian-automobile collisions. Furthermore, sidewalks can serve both residential and nonresidential uses by increasing connectivity (i.e., points and types of access to an area) and providing an additional means of travel. Sec Sidewalks and Trail Land Dedications Required for All Development (C) Requirement (1) Sidewalks shall be constructed on both sides of all streets except as approved by a Major Subdivision Waiver by the Planning Commission. (2) Within all residential developments, sidewalks shall be at least four (4) feet in width. (3) All subdivisions, site developments, or sections thereof shall have installed in them sidewalks and trails to serve each lot or parcel therein. (4) Land for the trails system shall be dedicated in accordance with areas shown on the Trails Master Plan. Responsibility The developer shall install sidewalks within the development along street Right-of-Ways and along the existing streets fronting the development. Construction Materials Sidewalks shall have a hard, improved surface constructed of materials and to standards established by the City depending on type of street construction, anticipated permanence of sidewalk, and land uses being served. (D) Location (E) (F) (G) Sidewalks and trails shall be located in the Right-of-Way of the street or as close to the Right-of-Way line as possible, and shall extend across the entire dimension of each lot or parcel side adjacent to a public street. Timing of Completion All required sidewalks and trail dedications shall be completed prior to occupancy and before any public utility connection occurs. Agreement with Trails Master Plan Trails shall be located and configured according to the Trails Master Plan and include separate shared-use paths, bike lanes and signed and marked shared bike routes. Sidewalk Fee in Lieu of Construction (1) It is the desire of the City to have required sidewalks built at the time of and congruent with development. However, there may be circumstances regarding safety, economic waste and geographical features that preclude such construction. (2) The Director of Community Development has the authority to approve construction exemptions and collect a fee in lieu of 115 percent of the estimated total construction cost (i.e., labor included). (3) In no instance will a private or public entity not build or pay a fee in lieu of sidewalk or trail construction. Article VI: Subdivision Standards Page 92 of 176

93 Sec Chapter 37 of the Code of Ordinances For standards not listed within this Section Sidewalks, sidewalks (and any necessary sidewalk easements on private property) shall be provided according to the standards in Chapter 37 of the Code of Ordinances. Article VI: Subdivision Standards Page 93 of 176

94 Section Subdivision Design Sec Purpose Statement The orderly and efficient development of land is vital to the provision of adequate services and essential to the City s responsibility to provide for the public health, safety, and welfare of its citizens. Proper subdivision design and the establishment of easements enable quality developments to be built. This section (Section 38-48) is designed to ensure easements are dedicated and that subdivisions are created to City standards to promote the continued usefulness of each lot. Sec Zoning Compliance All lots shall conform to zoning district requirements. Sec Residential Lots Adjacent to Drainage Areas Lot and the Exclusion of Natural Drainage Area Lots shall be exclusive of any portion of a natural drainage area (i.e., 100-Year Floodplain, stream, tributary, etc.) and/or maintenance access. Retaining Walls Retaining walls may be allowed on lots adjacent to natural drainage areas as approved by the City Engineer and per Section Retaining Wall Construction and Easements. Sec Lot Shape The City reserves the right to disapprove any lot which, in its opinion, will not be suitable or desirable for the purpose intended, or which is so oddly shaped as to create a hindrance to the logical lot layout of surrounding properties and/or create an irregular building envelope. The following requirements shall also apply. Rectangular Lots shall be generally rectangular in shape. Sharp angles between lot lines shall be avoided. Flag lots are prohibited (see Figure 50: Lot Type Examples). Irregularly Shaped Lots Irregularly shaped lots shall have sufficient width at the building line to meet minimum lot width and frontage requirements for the appropriate zoning district (if applicable), and shall provide the minimum building pad required by zoning without encroachment into front, side or rear yard setbacks or into any type of easement (see Figure 60: Determining Lot Depth on an Irregular-Shaped Lot). Sec Lot Lines Side Lot Lines (1) Side Lot Line Requirement Side lot lines shall be at ninety degree (90 ) angles or radial to street Right-of-Way lines to the greatest extent possible (See Figure 61: Lot Street Frontage Curved Streets and Figure 62: Lot Street Frontage Cul-de-Sac & Eyebrow Lots). (2) Waiver of the Side Lot Line Requirement The Director of Community Development may grant a Minor Subdivision Waiver, in accordance with Section Petition for Subdivision Waivers, if unusual circumstances exist on the subject property or on adjacent property that make it difficult to comply with this requirement. Article VI: Subdivision Standards Page 94 of 176

95 Lot Lines and Jurisdictional Boundaries (1) Lot Line Jurisdictional Requirement All lot lines shall, to the greatest extent possible, align along County, school district and other jurisdictional boundary lines such that lots are fully within one school district or other jurisdiction. (2) Waiver of the Lot Line Jurisdictional Requirement The Director of Community Development may grant a Minor Subdivision Waiver, in accordance with Section Petition for Subdivision Waivers, to this requirement if a school district or other jurisdictional boundary line will bisect a lot, provided that the entire residential dwelling or main structure is constructed entirely within one school district or other jurisdiction (i.e., the structure does not straddle school district or jurisdictional boundary lines). Sec Lot Orientation Restrictions Arterial Street No single-family, two-family, or townhome lot(s) shall front onto or have a driveway onto any Arterial Street, as described within the Comprehensive Plan. Local Street Lots are prohibited from backing to Local Streets. Sec Limits-of-No-Access (C) Low Density Residential Lots (1) Low density residential lots should not derive access from an Arterial Street. (2) Lots facing Collector Streets should be minimized to the fullest extent possible. (3) Where driveway access from a major or Arterial Street may be necessary for several adjoining lots, the Planning Commission may require that such lots be served by a combined access drive in order to limit possible traffic hazards. (4) If lots have access on local streets, the Planning Commission may require "Limits-of-No-Access", to be placed on the face of the Final Plat for lots that back or side onto a collector, arterial, or sectionline road. (5) Driveways should be designed and arranged so vehicles avoid backing into major or arterial streets. (6) It is encouraged that driveways should be designed and arranged so vehicles avoid backing into Collector Streets. Note on the Final Plat (1) The following note shall be placed on all final plats where access to arterial streets has been limited by the Planning Commission: "Limits-of-No-Access." (2) The lots and area affected by such limitation shall be clearly indicated. Reverse Frontage Lots/ Double-Frontage Lots (1) Reverse frontage may be required with screened plantings along the rear property line. (2) Deep lots or other such treatment may be required along with this solution. (3) For lots with double or reverse frontage, the Planning Commission shall require that "Limits-of-No- Access" be placed on the face of the Final Plat resulting in no access from collector, arterial, major or section line roads when a lot already derives its access from a local road. Article VI: Subdivision Standards Page 95 of 176

96 Sec Lot Frontages Street Frontage (1) Adequate Frontage a. Each lot shall have adequate access to a street (or an approved Public Way) by having frontage on such a street that is not less than thirty-five feet (35 ) at the street Right-of-Way line (See Figure 61: Lot Street Frontage Curved Streets), or as otherwise specified in the Zoning Ordinance or a Planned Unit Development (PUD) Ordinance, if applicable. b. Lots fronting onto an eyebrow or bulb portion of a cul-de-sac shall also have a minimum frontage of thirty-five feet (35 ) at the street Right-of-Way line (See Figure 62: Lot Street Frontage Culde-Sac & Eyebrow Lots). (2) Frontage Exception For nonresidential developments ten (10) acres or greater, the lots may be platted to a Public Way instead of a dedicated street upon approval by the Director of Community Development. Double Frontage (1) Single-Family, Two-Family and Townhome Lot(s) a. Double-Frontage Lots are prohibited, except that single-family, two-family or townhome lots may back or side onto an Arterial Street, with appropriate screening (see Section Thoroughfare Screening). b. Where lots back or side onto an Arterial Street, no driveway access is allowed onto the Arterial Street. (2) Multifamily and Nonresidential Lots Where lots have frontage on more than one street, a front building line shall be established for each street. (3) Lots Facing Other Lots a. Whenever feasible, each residential lot shall face the front of a similar lot, or shall face a park or open space if one exists or is planned (see Sec Lots in Relation to Parks and Open Space) across the street. b. In general, an arrangement placing adjacent lots at right angles to each other should be avoided. The Director of Community Development may grant a Minor Subdivision Waiver, in accordance with Section Petition for Subdivision Waivers, if unusual circumstances exist on the subject property or on adjacent property that make it difficult to comply with this requirement. Sec Lots in Relation to Parks and Open Space Lots Face Park and Open Spaces All lots that are located directly across a street from a park and open space shall face onto the park and open space. Standards See Sec General Design Requirements. Article VI: Subdivision Standards Page 96 of 176

97 Sec Lot and Block Numbering Consecutive Numbering All lots within each phase of a development are to be numbered consecutively within each block. Alpha or Numeric Designation Each block shall have an alpha or numeric designation (e.g., Block A, Block 6, etc.). Sec Building Lines Building lines along all streets shall be shown on the Preliminary Plats on lots and shall conform with the minimum setbacks for front, side and rear yards as required by the Zoning Ordinance (if within the City's limits) on the basis of the respective districts (i.e., single-family, two-family/duplex, multifamily, commercial, retail office, industrial, etc.). Sec Block Requirements (C) Block Design Factors The lengths, widths, and shapes of blocks shall be determined with due regard for the following: (1) Provision of adequate building sites suitable to the special needs of the type of use contemplated; (2) Zoning requirements as to lot sizes and dimensions; (3) Needs for convenient access, circulation, control and safety of street traffic; and (4) Limitations and opportunities of topography. Maximum Block Lengths (1) Blocks for residential uses shall not be longer than eighteen hundred (1,800) feet, measured along the center line of the block. (2) When a block exceeds six hundred (600) feet in length, the Planning Commission may require a dedicated easement not less than fifteen (15) feet in width and a paved crosswalk not less than four (4) feet in width to provide pedestrian access across the block. Two (2) Tier Requirement (1) Blocks used for residential purposes should be of sufficient width to allow for two (2) tiers of lots of appropriate depth. (2) Exceptions to this prescribed block width shall be permitted for blocks adjacent to major streets, railroads, or waterways, provided other applicable provisions of this code are met. (D) Nonresidential Blocks Blocks intended for business and industrial use should be of a width suitable for the intended use, with due allowance for off-street parking and loading facilities. Article VI: Subdivision Standards Page 97 of 176

98 Sec Monuments The Applicant shall provide for permanent reference monuments or markers in the Subdivision as required below. (C) Temporary Markers Temporary markers outlining all streets shall be set and maintained in place, by resetting if necessary, until grading of all streets is completed. Permanent Markers (1) Permanent markers shall be placed at the following locations: a. Each block corner; b. All subdivision boundaries; and c. The points of beginning and of ending of all curves. (2) Permanent markers shall be set by a Registered Land Surveyor, licensed as such in the State of Oklahoma. Benchmarks (1) Permanent benchmarks shall be set to effectively serve the subdivision by a Registered Land Surveyor, licensed as such in the State of Oklahoma. (2) Said benchmarks shall be based on U.S.G.S. datum. (D) Center Line Street Control Center line street control points shall be installed at all intersections, point of curvature, and the point of tangency, in the following manner: Chiseled x's on concrete streets, P.K. nails on asphalt streets. Sec Subdivision Names Subdivision Name Requirement (1) New subdivisions shall be named so as to prevent conflict or sound-alike confusion with the names of other subdivisions. (2) Subdivisions with similar names (e.g., Jones Park Estates and Jones Highlands) shall be located in proximity to each other, not in different areas of the City. Waiver of the Subdivision Name Requirement A Minor Subdivision Waiver, in accordance with Section Petition for Subdivision Waivers, may be approved by the Director of Community Development upon a finding that the proposed subdivision name will not cause confusion, especially for emergency responders. Sec Franchise Utility Easements General Requirements (1) The City Engineer may require easements for poles, wires, conduits, gas, telephone, cable television or other utility lines (not provided by the City) if necessary or advisable in the City Engineer s opinion. (2) The subdivider shall dedicate utility easements to the public for gas, electric, cable television, and telephone so every lot in a subdivision will have access to franchise utilities. Location of Utilities (1) Utilities shall be located in utility easement along the rear property lines of lots or tracts or in the Right-of-Way adjacent to the front property line. (2) All franchise utilities shall be placed underground. Article VI: Subdivision Standards Page 98 of 176

99 (C) Franchise Utility Easement Standards (1) Standard Twenty (20) Foot Rear Utility Easement a. Where alleys are not provided, easements not less than ten (10) feet in width shall be provided along each rear lot line, and along side lot lines where necessary for use by franchise utilities resulting in a twenty (20) foot total easement along rear lot lines and side lot lines where needed. b. See Figure 45: Standard 20 Rear Utility Easement. (2) Standard Fifteen (15) Foot Perimeter Utility Easement a. In cases where the twenty (20) foot easement cannot be provided or obtained due to separate ownership or other problems, a fifteen (15) foot perimeter utility easement shall be provided for the utilities. b. See Figure 46: Standard 15 Perimeter Utility Easement. (3) Ten (10) Foot Side Yard Utility Easement a. A side yard easement with a total width of ten (10) feet may be permitted provided the easement contains not over two (2) utility lines. b. This change to 10-foot side yard easement will require letters of agreement from the utilities serving the Subdivision. (4) Miscellaneous a. The utilities located within the street Right-of-Way shall be the same minimum depth as in the easement. b. A depth reduction in easement or Right-of-Way may be approved by the City Engineer if additional conduit encasement or other protection is provided. (D) Ground-Mounted Equipment Ground-mounted equipment shall not be placed in visibility, access, or maintenance easements. (1) All ground-mounted equipment within view of a public street Right-of-Way shall be screened from the adjacent street by landscaping approved by the Director of Community Development on the side facing the Right-of-Way, as well as along both sides of the equipment such that it will be fully screened from view from the street and installed by the Developer. (2) Planting materials selected shall be materials that will grow at least to the height of the equipment height, and will provide a continuous and mostly solid/opaque living screen, within two (2) growing seasons from the date planted. The planting material must be selected in agreement with the intent of Chapter 42 (Tree Ordinance) of the Midwest City Code of Ordinances. (3) The proposed planting shall be included on the Landscape Plan as required in Sec Landscape Plan. (4) Government-owned ground-mounted equipment (such as City traffic controller boxes, etc.) shall be exempt from the screening requirements in this Section. Sec Access Easements Access easements shall be provided as directed by the City Engineer and Director of Community Development. Article VI: Subdivision Standards Page 99 of 176

100 Figure 45: Standard 20 Rear Utility Easement Figure 46: Standard 15 Perimeter Utility Easement Article VI: Subdivision Standards Page 100 of 176

101 Section Subdivision Amenities Sec Purpose Statement In order to provide for orderly development, the City regulates subdivision amenities. Subdivision amenities can include an entryway feature or private recreational facility and are often included in new developments to increase the desirability of the neighborhood. Subdivision amenities are not generally required to be constructed by this Subdivision Ordinance; however, if an owner or developer elects the option to construct a subdivision amenity, then that amenity shall be in conformance with this section (Section 38-49). Additionally, amenties may be required by the Zoning Ordinance. Sec Description & Definition The term amenity is defined within Sec Amenity of this Subdivision Ordinance. Sec Requirements Where amenities are proposed in conjunction with a development, such amenities shall be reviewed and approved in accordance with the following: (C) Preliminary Plat Preliminary plans and illustrations, along with a written statement of such concepts, shall be submitted for review and approval with the Preliminary Plat. Screening Plan and/or Landscape Plan Plans for amenities shall then be incorporated into the Screening Plan and/or Landscape Plan (refer to Sections Sec Screening Plan and Sec Landscape Plan of this Subdivision Ordinance, respectively), as appropriate, for submittal as part of the Construction Plans. Lighting Plan Lighting plans, as required the Zoning Ordinance, for all outdoor amenities (recreational areas, common areas, etc.). (D) Licensed Professional Engineer (E) Plans for structural elements shall be sealed by a licensed Professional Engineer and shall be considered for approval by the City. Approval City review and approval of plans for amenities shall be required prior to issuance of a Letter of Final Acceptance for the subdivision improvements (refer to Section Inspection, Maintenance, and Acceptance of Public Improvements). Sec Design of Amenities The design of amenities shall conform to the following: Entry Features (1) Location a. Entry features shall be constructed entirely on privately owned property (i.e., not within public Right-of-Way) and shall not suspend over a public Right-of-Way, unless otherwise approved by the Director of Community Development. b. Minor elements of an entry feature may be placed within an entry street median upon Plat approval, provided that such street median is platted as a non-buildable lot and dedicated to a Article VI: Subdivision Standards Page 101 of 176

102 (C) HOA for private ownership and maintenance. c. An entry feature having a water pond (e.g., detention and retention ponds), fountain, or other water feature shall only be allowed if approved by the Planning Commission and City Council during the Plat review process. d. No entry feature, other than screening walls or extensions of screening walls, may be constructed on any portion of a single-family, two-family, or townhome lot(s). e. All such features shall be constructed on lots that are platted as non-buildable lots and dedicated to a HOA for private ownership and maintenance. (2) Visibility Triangle Entry features shall not encroach into the visibility triangle or otherwise impair pedestrian or vehicular visibility. (3) Height The maximum height for entry features and structures shall be the maximum height of the governing zoning district, if applicable, as measured from the nearest street or sidewalk grade, whichever is higher. Private Recreation Facilities Private recreation facilities, if provided in a development, shall, to the greatest extent possible, be centrally located within the overall development. (See Figure 63: Centrally Located Amenity Center) Lighting for all Outdoor Amenities In accordance with the Zoning Ordinance, all outdoor amenities shall provide lighting for: (1) The use of the amenity after sunset, (2) The deterrence of crime (i.e., security lighting), (3) Pedestrian areas and walkways, which are separate from parking areas or buildings, and (4) A minimum average maintained intensity of 0.5 foot candles. (D) Standards for Detention and Retention Ponds as Amenities A detention or retention pond shall be considered an amenity if it meets the following design considerations: (1) Located between the building and the street or completely bounded by streets, (2) Viewable from public space, (3) Any slope of the pond area does not exceed thirty-three (33) percent, (4) Accessible by patrons, (5) Seating area, public art, or fountain, and (6) One tree or planter at least sixteen (16) square feet for every two hundred (200) square feet of open space, and be located within or adjacent to the open space. Article VI: Subdivision Standards Page 102 of 176

103 (7) Detention and Retention Pond Design that Counts as an Amenity Sec (D) Requirements 1 Location Yes 2 Viewable Yes 3 Slope Yes 4 Accessible Yes 5 Seating, Art, etc. Yes 6 Trees Yes (8) Detention and Retention Pond Design that does not Count as an Amenity Sec (D) Requirements 1 Location Yes 2 Viewable Yes 3 Slope No 4 Accessible No 5 Seating, Art, etc. No 6 Trees No Article VI: Subdivision Standards Page 103 of 176

104 Section Homeowners Association (HOA) Requirements Sec Purpose Statement The purpose for the establishment of an Homeowners Association (HOA) for residential developments is to create an organization that owns and is responsible for maintaining, among other things, commonly owned properties, detention or retention ponds, amenities, and Right-of-Ways for the communal good of the development s property owners and residents. Sec Applicability Elements Any one (1) or more of the following elements created as part of a development shall require formation of a HOA in order to maintain that amenity or facility: (1) Amenity Where proposed in conjunction with a development, the word amenity shall be as defined in Sec Amenity. (2) 100-Year Floodplain Any 100-Year Floodplain that is regulated by Section Drainage and Environmental Standards. (3) Private Street Any Private Street and as generally regulated by Sec Private Streets. This shall include all infrastructure including streets, alleys, sidewalks and other appurtenances within designated access easements, as well as associated structures as follows: a. Security station structures and equipment (including gates, access card readers, perimeter security fencing, etc.); b. Greenbelts; and c. Other infrastructure necessary for vehicular circulation and neighborhood security. (4) Thoroughfare Screening Any Thoroughfare Screening and as generally regulated by Section Thoroughfare Screening of this Subdivision Ordinance. (5) Detention or Retention Ponds Any required detention or retention pond as required by the Code of Ordinances. (6) Private Park Any private park or private park facility. Waiver to the HOA Establishment Requirement The Director of Community Development may grant a Minor Subdivision Waiver for the mandatory HOA, in accordance with Section Petition for Subdivision Waivers, if the proposed subdivision would: (1) Result in large lot development with lots (1) acre or greater, and (2) The individual lot owner submits documentation to adequately demonstrate the owner s ability to maintain all the above elements to City standards in perpetuity. Article VI: Subdivision Standards Page 104 of 176

105 Sec HOA Establishment Procedures The establishment of a required HOA shall occur in conjunction with the recordation of the subdivision Final Plat, and shall generally be established as follows. (C) Documents Submitted for Review (1) The declaration, covenants and other necessary documents establishing the HOA shall be submitted to the City for review by the City Attorney for conformance with this and other applicable ordinances prior to submission of the Final Plat, and prior to issuance of a Letter of Final Acceptance for the development (Section Inspection, Maintenance, and Acceptance of Public Improvements). (2) HOA documents shall include descriptions of any amenities, Private Streets, stub streets, thoroughfare screening, 100-Year Floodplains or tributaries, and other areas for which the HOA is responsible for maintenance, and shall outline the organization of the HOA. Approval by the City Attorney (1) All HOA documents shall be reviewed by the City Attorney prior to recordation of the Final Plat. (2) The Applicant shall reimburse the City for all related legal costs, as established by the City Clerk s Office, for review of the HOA documents. (3) This reimbursement shall be paid in full prior to recordation of the Final Plat. Recordation (1) All HOA documents shall be recorded at the County prior to the recordation of the Final Plat. (2) Two (2) copies of the recorded documents shall be submitted to Director of Community Development for City records within five (5) days following recordation. (D) Additional Phases An additional phase to an existing subdivision is not required to establish a separate and distinct HOA, provided that: (1) The existing, recorded HOA documents are amended to incorporate the area of the new subdivision phase and to adopt the responsibility of its amenities, Private Streets, 100-Year Floodplains and tributaries, thoroughfare screening, and other areas for which the HOA is responsible for maintenance. (2) The Applicant shall provide a draft of the amended covenants to the City Attorney for review prior to the recordation of the plat. Sec Notice of the HOA s Existence to Potential Purchasers Posted HOA Notices The developer shall be required to post notice in a prominent place at all model homes and sales offices stating the following notices: (1) That an HOA has been established for the subdivision; (2) That membership in the HOA is mandatory for all lot owners; and (3) That the developer is required to provide to any person, upon their request, a complete copy of the HOA documents and a five (5) year projection (at a minimum) of HOA dues, income and expenses. Article VI: Subdivision Standards Page 105 of 176

106 Sec General HOA Governance and Requirements The following shall be set forth in the HOA documents: (1) A statement that membership in the HOA is mandatory for all owners of property within the subdivision; (2) A listing of all required maintenance responsibilities and, where possible, the lot number(s), legal descriptions, street name(s), etc. as shown on the approved plat for areas to be the responsibility of the HOA; (3) By-laws related to the governance of the HOA; (4) Covenants for maintenance assessments, which shall run with the land; (5) Responsibility for liability insurance and local taxes; (6) Statement that the authority for enforcement of HOA rules and regulations is solely the responsibility of the HOA and is not, in any way, the responsibility of the City; (7) Authority for the HOA to secure funds from its members sufficient to meet its responsibilities. This authority shall include the ability to collect dues, to increase dues, to charge special assessments, and to place liens against property for failing to pay dues and assessments. a. Dues shall be calculated based on a cost projection for the maintenance of all amenities and based on eventual build-out of the subdivision; b. Dues shall not be based on calculations that include monies from the developer that will not be provided following the transfer of the HOA from the developer to the lot owners. c. Dues shall be required to be disclosed to all lot owners at the time of property purchase by the lot owners. (8) Provision that no amendment of the HOA documents relating to maintenance of amenities, Private Streets, 100-Year Floodplains and tributaries, thoroughfare screening, any other HOA-maintained area or facility, or related reserve funds (as applicable) shall occur without prior City approval; (9) Written release of liability for maintenance to benefit the City; written indemnification of the City outlining that under no circumstances shall the City be liable to the HOA or any property owner or their respective heirs, executors, administrators, devisees, personal representatives, successors or assigns for any damages, injuries (including death), and/or liability resulting from any amenity on the Private Streets, within or adjacent to any 100-Year Floodplain or tributary associated with any thoroughfare screening or common landscaping, or from any other HOA-owned and maintained area or facility; (10) Written assurance of funds based on an accredited cost projection analysis within a specific reserve account of the HOA for the maintenance and removal of amenities as determined by the City; (11) Written consent giving the City the authority to take the actions for violations as set forth in Sec Violations, Revocations and Liens; and (12) Other City requirements as applicable. Article VI: Subdivision Standards Page 106 of 176

107 Sec HOA Development Regulations The HOA shall comply with the following regulations, where applicable: (C) Zoning Precedence HOA documents shall not overrule the landscaping or other provisions of the Zoning Ordinance by penalizing or restricting water conserving landscapes, or by requiring landscape materials that do not comply with Zoning Ordinance landscape requirements; Amenities The following regulations shall apply to any subdivision that includes an amenity, as defined in Sec Amenity: (1) Where amenities are proposed in conjunction with a development, the Applicant shall comply with those regulations outlined in Section Subdivision Amenities. (2) All developments that require the provision of common open space shall submit covenants to maintain open space, recreational areas, and other commonly owned facilities for review with the Final Plat Application. Tributaries, Detention/Retention Ponds, and Water Features (100-Year Floodplain) For single-family and two-family residential developments, the 100-year floodplain may be owned and maintained by an HOA subject to City approval. The Final Plat shall reflect, and the HOA s documents shall provide: (1) City access for emergency vehicles, equipment and personnel, and for the improvement and maintenance of the 100-year floodplain in the event they are not being properly maintained, as determined by the City Engineer; and (2) That the HOA shall reimburse the City for all costs incurred by the City for maintenance. (D) Private Streets Whenever a public street becomes a Private Street following recordation, an HOA is required to be established, if not already in existence, that would be responsible for owning and maintaining the converted streets and Right-of-Way. The following regulations shall apply to any subdivision that includes Private Streets, except those that exist as of the effective date of this Subdivision Ordinance. (1) The HOA shall own and be responsible for the maintenance of Private Streets and appurtenances (such as alleys, storm sewers, sidewalks, barrier-free ramps, street lights and signs, etc.) and shall provide for the payment of dues and assessments required to maintain the Private Streets and appurtenances. (2) The HOA documents shall state that if Private Streets are converted to public streets, the reserve fund shall become the property of the City. (3) In addition to any other requirements set forth in this Section, the HOA s documents shall specify the following: a. That the streets within the development are private, that they are owned and maintained by the HOA, and that the City has no obligation to maintain, repair or reconstruct the private streets. b. A statement that the City may, but is not obligated to, inspect private streets and require repairs necessary to insure that the same are maintained to City standards. c. A statement that the HOA may not be dissolved without the prior written consent of the City Council, which consent shall not be withheld by the City if it determines that an adequate reserve fund exists, and the streets and alleys are in satisfactory condition as determined by the City Manager. Article VI: Subdivision Standards Page 107 of 176

108 (E) (4) The HOA s documents shall note that certain City services may not be provided in Private Street developments. a. The services that may not be provided include, but are not limited to: police enforcement of traffic and parking ordinances and preparation of accident reports. b. Depending on the characteristics of the proposed development other services may not be provided. (5) The HOA s documents shall contain a provision that requires the HOA to provide unrestricted access to emergency vehicles, utility personnel, the U.S. Postal Service, and governmental employees, agents, or representatives in the performance of their official duties. All access gates shall be designed and constructed in accordance with emergency access design standards in the Engineering Standards Manual and Construction Details, and shall be equipped with an Opticom gate opening system or with another opening system that is acceptable to the Fire Chief. Thoroughfare Screening All subdivisions that are required to provide thoroughfare screening per Section Thoroughfare Screening shall comply with the following: (1) The HOA shall own and be responsible for the maintenance of all required screening walls and fences, landscaping, landscape edges, and landscape irrigation systems, and shall provide for the payment of dues and assessments required to maintain such improvements. (2) The HOA documents shall state that the City has no obligation to maintain or reconstruct the screening walls and fences, landscaping, landscape edges, and landscape irrigation systems in the event of damage to such improvements. (3) The HOA documents shall state that the City may, but is not obligated to, inspect screening walls and fences, landscaping, landscape edges, and landscape irrigation systems, and that the City may require maintenance and repairs necessary to ensure that such improvements are maintained to City standards. Sec Violations, Revocations and Liens (C) Notification The City will notify the HOA of violations of any of the regulations specified within this Section. Revocation Failure to bring the Subdivision into compliance with these regulations may cause the City to revoke the specific approval of the HOA or take other remedies as outlined in this Sec Violations, Revocations and Liens. Lien, Assessment and Enforcement Rights The City shall have all lien, assessment and enforcement rights granted therein to the HOA, and the City shall have the ability to enforce the liens and assessments, and avail itself of any other enforcement actions available to the City pursuant to State law and/or City regulations. Article VI: Subdivision Standards Page 108 of 176

109 (D) Compliance Authority (1) Should the HOA fail to carry out its duties as specified in this Subdivision Ordinance, the City shall have the right and ability, after due notice to the HOA, to perform the duties required by this or any other Ordinance, regulation or agreement with the City in order to bring the HOA into compliance therewith. (2) The City shall have the right and ability, after due notice to the HOA, to assess the HOA for the full amount owed and/or assess the property owners on a pro rata basis for all costs incurred by the City in performing said duties if the HOA fails to do so. Said assessment shall constitute a lien, in favor of the City, upon the property for which the assessment is made. Article VI: Subdivision Standards Page 109 of 176

110 Section Parks and Open Space Dedication Sec Purpose Statement The purpose of this section (Section 38-51) is to provide the amount of land to be dedicated for parks and open space. Parks and open space are essential in providing for the public welfare of the community. These areas benefit residents by providing recreational opportunities. As referenced in the Comprehensive Plan, these spaces collectively are considered elements that contribute to the quality of life found in the community. The amount of land for parks and open space and its distribution contributes to citizens quality of life. Sec Applicability This article shall apply to all residential Subdivision Plats having a dwelling unit density of greater than one (1) unit per net acre, and/or the owners or applicants for approval thereof, pursuant to the authority of Article 10 (or subsequent amendment) of the Charter of the City. Sec Dedication of Land Dedication by Conveyance Land accepted for dedication under the requirements of this Section shall be conveyed by dedication within the Plat to be filed for record in the office of the County Clerk of Oklahoma County, Oklahoma, and by warranty deed transferring the property in fee simple to the City; or by below. Dedication Alternative: Private Park (1) In the alternative of dedication of park land as described in paragraph above, land will not be required to be dedicated or conveyed to the City where: a. A private park and/or open space for park and recreational purposes is provided in a proposed Subdivision; and b. Such areas are privately owned and maintained by the HOA and/or future residents of the Subdivision. (2) Private park and/or open space shall be credited against the requirements of dedication for park and/or open space and recreation purposes, as set forth in Sec Dedication of Land hereof, or the payment of fees in lieu thereof, as set forth in Sec Standards for Determining Amount of Land and/or Fee hereof, provided the Park Land Review Committee finds it is in the public interest to do so and that the following standards are met. a. Areas Not Included in the Computation of a Private Park Yards, court areas, setbacks and other open areas required by the zoning and building regulations shall not be included in the computation of such private park and/or open space. b. Private Ownership and Maintenance The private ownership and maintenance of the open space shall be adequately provided for by written agreement with the HOA. c. Park Use and Future Park The use of the private park and/or open space shall be restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of the City Council. Article VI: Subdivision Standards Page 110 of 176

111 d. Reasonably Adaptable Use The proposed private park and/or open space shall be reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location of the private open space land. e. Substantial Accordance Facilities proposed for the park and/or open space shall be in substantial accordance with the provisions of the recreational element of the general plan and are approved by the City Council. f. Detention and Retention Ponds In order to qualify as parkland dedication, detention and retention ponds shall meet the requirements within Sec (D) Standards for Detention and Retention Ponds as Amenities. Sec Reservation of Future Park / Open Space or the Contribution of Money (C) Contribution of Land or Money Determination The determination as to whether the subdivider will contribute land or money will be made by the Park Land Review Committee after submission of the Sketch Plat and the Pre-Application Meeting (Section 38-35) and before the Preliminary Plat approval. Contribution Determination Appeal (1) The decision by the Park Land Review Committee may be appealed to the City Council. (2) In the case of any appeal, the matter shall be presented first to the Park and Recreation Board and then to the Planning Commission. (3) Upon review, the Park and Recreation Board and the Planning Commission shall make recommendations to the City Council. Process after Contribution Determination (1) Cases with Land Dedication a. In those cases where a dedication of land is required and no appeal is involved, the Park Land Review Committee shall forward proposed park sites to the Park and Recreation Board. b. The Park and Recreation Board shall review the plans and make a recommendation to the Planning Commission. c. Consistent with the recommendations of the Park Land Review Committee and the Park and Recreation Board, the subdivider shall prepare and submit a Preliminary Plat to the Planning Commission. (2) Cases with Money Contribution In those cases where a contribution of money is required, no review and recommendation on the part of the Park and Recreation Board is required. Article VI: Subdivision Standards Page 111 of 176

112 Sec Standards for Determining Amount of Land and/or Fee Acreage to be Contributed The acreage to be contributed concurrent with the final approval by the City Council of any residential Subdivision Plat shall be determined by the following formula: Two Acres X (Multiplied By) Each 1,000 persons projected to occupy the fully developed subdivision = Amount of land to be contributed Which is:.002 Acres X (Multiplied By) Number of persons per dwelling unit X (Multiplied By) Number of dwellings units projected for subdivision = Amount of land to be contributed (C) Determining the Number of Persons In determining the number of persons projected to occupy a subdivision, the Park Land Review Committee will use the most recent decennial U.S. Census statistics on number of persons per dwelling unit for the City area. Subdivisions Smaller than 2,500 Persons In those instances where the formula used above shows that less than two thousand five hundred (2,500) persons will ultimately occupy any given Subdivision, the Park Land Review Committee shall review said plans and promptly recommend whether land or money should be required of the subdivider. (1) If the park and/or open space is to be required, then the amount of land determined by subsections and shall be reserved and delineated on the Preliminary Plat submitted to the Planning Commission. The appropriate portion thereof (as determined by the above formula) shall be dedicated or conveyed to the City at the time of recording the Final Plat. (2) If a fee in lieu of a land contribution is required, the amount of fee shall be determined at the time of final platting, according to the following formula: Fair market value of land per acre X (Multiplied By) Amount of land required to be dedicated according to subsections and of this Sec = Fee in lieu of land dedication The subdivider shall tender and pay over to the City a cashier's check for said fee immediately prior to recording the Final Plat. a. Time of Determining the Value of Land 1. The fair market value of the land shall be determined no more than six (6) months before submission of the Final Plat to the City Council. b. Basis for Determining the Value of Land 1. The representative cash value of the land that would otherwise be required to be dedicated shall be the full and fair market value of the raw land plus a proportionate share of those incidental costs as defined in Sec (C) Access of these regulations, which would be attached to a subdivider in those cases where land itself was given. 2. Such value shall be determined by averaging the value of all residentially zoned acreage in the Preliminary Plat. Article VI: Subdivision Standards Page 112 of 176

113 c. Method of Determining Value of Land d. Credit 1. The fair market value shall be determined by negotiations between the subdivider and the City. 2. If negotiations have failed to reach agreement by the time the Final Plat is submitted, then within five (5) days an appraisal board shall be appointed to determine the fair market value, whose appraisal shall be final and binding on both parties. 3. The appraisal board shall consist of three (3) qualified real estate appraisers, one selected by the City, one selected by the subdivider, and one selected by the chosen appraisers. 4. The appraiser's fee shall be paid jointly by the subdivider and the City, with the City's share coming from the "park fee fund." 5. Within ten (10) days, the appraisal board shall tender a report of the fair market value of the land as of the date the appraisal board was appointed. 1. In such case as the City Council, upon the recommendation of the Park Land Review Committee, shall determine a subdivider may dedicate more land than would be required by the formulas herein set out and receive a written credit against future mandatory park land dedications. 2. Where a subdivider dedicates land against future requirements, the development which is thereby relieved of all or part of its mandatory park land dedication requirement must be in the same general area to be at the City's sole determination. 3. The credit shall attach to the relieved land and remain with the relieved land, regardless of change in ownership thereof. e. Additional Land or Fee for Changes Resulting in Increased Population The owner or subdivider shall be obligated to provide additional land or fee based on the value of the previously platted land to compensate for an increase in population. Such contribution shall be made prior to the City issuing a building permit or occupancy permit. The owner or subdivider shall be obligated to provide additional land or fee based on if he or she: Sec Suitability of Land 1. Deviates from the approved Preliminary Plat in final platting; or 2. Rezoned land within the Preliminary Plat which has the effect of increasing the density of population over the earlier population density estimates made under this article; or 3. Changes the use of a property from a nonresidential use to a residential use. Any land dedicated to meet the requirements of this article shall be reasonably located and adaptable for use as an active neighborhood park and recreation facility. Such determination shall be made by the Park Land Review Committee, whose recommendation will be forwarded to the Park and Recreation Board and Planning Commission for recommendation to the City Council. Factors to be used in evaluating the adequacy of the proposed park and recreation areas include, but are not limited to the following: Unity The dedicated land should form a single parcel or tract of land at least three (3) acres in size unless the Park Land Review Committee determines that a smaller tract would be in the public interest or that additional contiguous land will be reasonably available for dedication to the City. Article VI: Subdivision Standards Page 113 of 176

114 (C) Shape The shape of the parcel or tract of land to be dedicated should be appropriate for parks and recreation purposes (i.e., softball, tennis, and usable open space). Access (1) Public access to park land delineated on a Preliminary Plat shall be insured by a provision of at least thirty (30) feet of street frontage, in a manner satisfactory to the Park Land Review Committee. (2) At the time the land abutting the delineated areas is developed, the subdivider of such abutting land shall furnish and pay for paving all abutting street frontage. (3) In those cases where the Park and Recreation Board deems it appropriate, it may recommend to the City Council that the subdivider provide water and wastewater services to one side of the delineated area meeting the requirements as determined by the City Engineer. (D) Topography (E) (F) (G) (1) The land to be dedicated to meet the requirement of this article should be suitable for parks, open spaces, and recreation activities. (2) The Comprehensive Plan and Trails Master Plan shall be considered when evaluating land proposals for dedication. Location (1) The land to be dedicated shall be located so as to serve the recreation and open space needs of the Subdivision for which the dedication was made. (2) However, an evaluation of possible locations would also include factors such as freedom from possible safety hazards (i.e., thoroughfares). Cost Land to be dedicated shall be viewed in terms of the costs of development and maintenance once it becomes park land. Useable Open Space (1) "Useable open space" is defined to mean any parcel of land that meets the requirements as to suitability as detailed in this Sec Suitability of Land, and does not necessarily require that the land be appropriate for such recreation purposes as softball, tennis and organized sports. (2) "Useable open space" uses would include but not be limited to the following: Hiking trails, arboretums, bird walks, picnic areas, existing or planned greenbelt areas to be left in their natural state, and similar uses that would benefit the public either from natural beauty or open space type of recreation use. (3) "Useable open space" uses would include use of parcels of land as linkage parcels for the drainagegreenbelt corridors as shown on the official long range plans for the City, such as the Comprehensive Plan and Trails Master Plan. Sec Use of Money Paid in Lieu of Dedication of Land Park Fee Fund A separate fund to be entitled "park fee fund" shall be and is hereby created and the money paid in by owners, subdividers, and applicants at final approval of subdivision plats in lieu of the dedication of land and the interest accrued thereon shall be held in said fund to be used only for fees associated with the appraisal board and the purchasing of park and recreation land, within the general area in which the subdivision is located as determined by the City Council. Article VI: Subdivision Standards Page 114 of 176

115 Purchase Usable Park Land and/or Open Space (1) At such time as the City Council, after considering the recommendations of the Park Land Review Committee and Park and Recreation Board, determines that there are sufficient funds in the park fee fund to purchase usable park land and/or open space, the City Council shall cause negotiations or condemnation to be undertaken to obtain the site. (2) In making such determination for the obtaining of a site, the conditions of Sec Suitability of Land shall be taken into consideration. Article VI: Subdivision Standards Page 115 of 176

116 Section Parks and Open Space Design and Trails Sec Purpose Statement The purpose of this section (Section 38-52) is to provide the design requirements for parks and open space. Proper design allows for the functionality of park space and serves to benefit the surrounding neighborhoods. Additionally, this section addresses the provision of Hike-and-Bike Trails and serves to implement the Trails Master Plan. Sec Applicability This section shall apply to all the same land referenced in Section with the addition of nonresidential lot design and shall not apply to the 100-Year Floodplain as set forth in Section Drainage and Environmental Standards, unless otherwise noted. Sec General Design Requirements Parks shall be easy to access and open to public view so as to benefit area developments, enhance the visual character of the City, protect public safety, and minimize conflict with adjacent land uses. The following guidelines shall be used in designing development around or adjacent to parks and adjacent development: (C) Parks and Open Spaces Bounded by Streets Parks and open spaces shall be bounded by a street(s) or by other public uses unless otherwise specified in this Subdivision Ordinance, the Zoning Ordinance, or a Planned Unit Development (PUD) ordinance (e.g. school, library, recreation center). Residential Lots (1) Single-family and two-family residential lots shall be oriented such that they front or side onto parks and open spaces and they do not back to them, in accordance with Figure 64: Access & Lot Orientation to Parks and/or Open Space. (2) Residential lots shall only be allowed to back onto a park or open space when: a. A trail is provided within the related park or open space (see Figure 64: Access & Lot Orientation to Parks and/or Open Space); or b. The site's physical character (e.g., shape, topography, drainage) does not reasonably accommodate an alternative design or the layout of the subdivision complements the use of the park or open space (e.g., lots backing to a golf course). Lots backing to a park or open space shall only be allowed upon approval from the Director of Community Services. Access to Parks and Open Spaces (1) A proposed development adjacent to a park or open space shall not be designed to restrict public visibility or reasonable public access to the park or open space from other area developments. (2) Street connections to existing or future adjoining subdivisions shall be required to provide reasonable access to parks and open space areas. Article VI: Subdivision Standards Page 116 of 176

117 (D) Nonresidential Uses Adjacent to Parks (E) (F) (1) Use/Lot Orientation Where a nonresidential use must directly abut a park or open space area, the use shall be oriented such that it sides, and does not back, onto the park or open space area if at all possible. (2) Screening Required between Nonresidential Use and Park and Open Space The use shall be separated from the park or open space by a minimum six-foot (6 ) tall decorative metal fence with an irrigated living screen (see Section Thoroughfare Screening). (3) Waiver of the Screening Requirement between a Nonresidential Use and Park and Open Space The Director of Community Development may grant a Minor Subdivision Waiver, in accordance with Section Petition for Subdivision Waivers, if the use and park are compatible or complementary uses, with no foreseeable detrimental results upon the park/open space. (4) Access Points Access points to the park or open space area may be required by the City if a public benefit is established. Alleys Adjacent to Parks Alleys should not be designed to encourage their use as a means of vehicular, bike or pedestrian travel to the park. Public Access Points into Parks (1) Public access into parks and open spaces shall not be less than fifty feet (50 ) in width at the public Right-of-Way line, at the street curb, and at any other public access point (such as along a 100-Year Floodplain, etc.). (2) Such access shall not be part of a residential lot or other private property, and shall be kept open and unobstructed at all times. Sec Streets Abutting a Park (C) Construction Standards Streets abutting a park or open space area shall be built in accordance with the City's adopted Comprehensive Plan and Trails Master Plan, the standards of this Subdivision Ordinance, and all other applicable construction standards and/or ordinances. Collector Street Upgrade The City may require any residential street built adjacent to a park or open space to be constructed to Collector Street width to provide access, to accommodate possible on-street parking for park users, and to prevent traffic congestion. Abutting Street Oversizing When park or open space land is acquired by the City, the City shall require at least sixty feet (60 ) of Right-of-Way be dedicated to provide for an abutting collector-sized street, unless otherwise approved by the City Council. Article VI: Subdivision Standards Page 117 of 176

118 Sec Minimum Park Improvements Improvement Timing Unless waived by the Park and Recreation Board, neighborhood and linear parks shall be improved by the developer prior to a Letter of Final Acceptance being issued by the City (refer to Section Inspection, Maintenance, and Acceptance of Public Improvements). Minimum Park Improvement Standards Minimum park improvements, as determined by the City, shall include: (1) Grading and clearance of unwanted vegetation, structures or improvements; (2) Installation of storm drainage and stream erosion controls; (3) Establishment of turf and planting of trees; (4) Installation of perimeter streets and street lights; and (5) Provision of water and sewer service to a location(s) on the park site as determined by the Director of Community Development and by the City Engineer. Sec Additional Voluntary Park Improvements Requests, Dedications, and Design Criteria/Objectives (1) A developer may request permission to construct, at his or her own expense, additional park improvements. (2) The City may accept or reject voluntary dedications of park land and/or additional park improvements. Such voluntary dedications and/or improvements shall be considered for approval by the Park and Recreation Board. (3) All improvements in public parks and open spaces shall be consistent with the design criteria and objectives of the Comprehensive Plan, Trails Master Plan, and Code of Ordinances, and shall, upon installation, become the property of the City. Development Agreement (1) Prior to constructing such additional park improvements, the developer shall enter into a Development Agreement with the City that defines, among other things, the work to be performed, construction schedules, improvement costs, performance surety, the amount to be reimbursed by the City (if any), and the timing of such reimbursement (if any). (2) The City's Park and Recreation Board shall assess and submit its recommendation to the City Council, and the City Council shall consider and decide the proposed Development Agreement for park improvements. Sec Completion of Land Dedication and Improvements Timing of Park Land Dedication Park land shall be dedicated to the City concurrently with the filing of an approved Final Plat or Replat. Timing of Improvements All improvements, if applicable, shall be completed prior to approval of the Final Plat or Replat. Article VI: Subdivision Standards Page 118 of 176

119 Sec Hike-and-Bike Trail Requirements (C) Trails Master Plan Hike-and-bike trails shall be constructed in accordance with the Trails Master Plan. Requirements Hike-and-bike trails, especially those providing access to and along 100-Year Floodplains and other open spaces, shall be in accordance with the following design criteria (unless otherwise approved by the Director of Community Services): (1) A minimum thirty foot (30 ) wide level ground surface shall be provided for a ten-foot (10 ) wide public hike-and-bike trail, where required. The thirty foot (30 ) wide level ground surface (compliant with American with Disabilities Act [ADA]) may be provided within and/or outside of the 100-year floodplain (refer to Section Drainage and Environmental Standards). (2) The Right-of-Way of a public street may count towards the thirty foot (30 ) wide, ADA compliant level ground surface, upon approval of the Director of Community Services. (3) As a design exception, low water crossings for the hike-and-bike trail may be allowed upon approval from the City Engineer and the Director of Community Services. A fully engineered set of construction plans shall be submitted detailing the low water crossing. (4) The hike-and-bike trail shall be designed to minimize visibility blind spots from public streets for public safety purposes. (5) Construction Plans for the development (Section 38-27) shall include engineered drawings of trail cross-sections (i.e., plan, profile and proposed signing and striping) in accordance with the Engineering Standards Manual and Construction Details. Locations Locations of all trails shall be consistent with the locations designated on the Trails Master Plan and are subject to approval by the Director of Community Services. (1) The Director of Community Services shall have the authority to determine the placement of a public hike-and-bike trail at the time of Preliminary Plat review and approval. (2) The location of such trails shall be safe and economical. (3) No development shall interrupt future trail routes or otherwise hinder efficient public access to or from an existing or future planned trail. Gated and other limited access developments shall be designed such that they facilitate, and do not impede, through public access, emergency ingress and egress, usage and enjoyment of public trails. (D) Trails Along or within the 100-Year Floodplains (E) (1) The location of trails within developments adjacent to or within a 100-Year Floodplain recognized on the Trails Master Plan shall be coordinated with the Director of Community Services, and shall be staked in the field by the developer and approved by the Director of Community Services prior to the submittal of a Preliminary Plat. (2) The location of the trail shall be specified on the Preliminary Plat as the approved location for the hike-and-bike trail, and an easement for such shall be shown on the Preliminary Plat and Final Plat for any portions of the trail that traverse private property. Future Trails and Access for New Developments When development is adjacent to an undeveloped property, a pedestrian access stub-out in conjunction with a street connection to the edge of the development (refer to Sec (F) Stub Streets) shall be required to allow for future access between developments, as indicated on the Trails Master Plan. Article VI: Subdivision Standards Page 119 of 176

120 Section Tree Preservation Sec Purpose Statement The preservation of trees has a substantial influence on the quality of neighborhoods. The City has undeveloped areas with significant amounts of tree canopies and some that have substantial slopes. These areas contribute to the identity of the City and have existed in their current state for decades. Trees provide for soil stabilization and help to prevent soils from being washed onto neighboring properties, roads, and into storm water facilities, which can reduce storm water capacities. Furthermore, trees help maintain the natural environment s storm water management abilities by stabilizing slopes and creek channels. In some local cases, harsh development practices such as clear cutting trees and cut-and-fill practices have produced problems with soil runoff and slope stabilization. According to the Comprehensive Plan, preserving trees cannot only preserve the character that is unique to the City, but can also provide the following benefits: Benefit Increase Land Values per Lot Increase Aesthetic Value Air Pollution Reduction Light Pollution Reduction Noise Pollution Reduction Prevention of Soil Erosion Energy Saving Table 6: Tree Preservation Benefits Description Trees can be worth substantial monetary values per specimen. Homes with mature trees are generally considered more visually pleasing and desirable. Trees help improve air quality by removing carbon dioxide and other pollutants and by producing oxygen. Trees can serve as a buffer from light produced by street lights and buildings. Trees reduce noise from roadways and other sources by modifying humidity and climate, by absorbing sound, and by deflection and refraction. Trees function as both windbreaks and soil stabilizers, minimizing soil erosion. Research has shown that properly placed trees and landscaping can save 20 to 25 percent on energy use in the home. Sec Definitions For the purposes of this Section 38-53, the following terms shall have the special meaning respectively ascribed to them below, which special meanings shall govern in case of any conflict with other definitions set forth in the City Code of Ordinances. (C) Removal Means uprooting, severing the main trunk of the tree or any act which causes, or may reasonably be expected to cause, the tree to die, including but not limited to damage inflicted upon the root system by machinery, storage of materials, or soil compaction; substantially changing the natural grade above the root system or around the trunk; excessive pruning; or paving with concrete, asphalt, or other impervious materials in a manner which may reasonably be expected to kill the tree. Tree Canopy The area of ground covered by trees and is identified on a map maintained by the Director of Community Development. Tree Caliper Measurement The measuring of the width of a tree from a point 4 6 above natural grade level. Article VI: Subdivision Standards Page 120 of 176

121 Sec Applicability (C) Preliminary Plat All subdivisions of land requiring a Preliminary Plat shall adhere to this Section Tree Preservation. Removal No trees shall be removed from a site without an approved Tree Canopy Management Plan. Size of Site This Section Tree Preservation applies to sites five (5) acres or larger. Sec Tree Canopy Management Plan A Tree Canopy Management Plan shall be required as part of a Preliminary Plat Application. Sec Process: Tree Canopy Management Plan (C) Step 1: Discussion Begins at the Sketch Plat / Pre-Application Meeting (1) During the Sketch Plat / Pre-Application Meeting (Section 38-35) the Applicant and Director of Community Development shall review tree preservation requirements. (2) At the conclusion of the meeting, the Director of Community Development shall either provide a physical map or make available an electronic map indicating the tree canopy on the Applicant s site. Step 2: Submittal of the Tree Canopy Management Plan (1) The Applicant shall prepare a Tree Canopy Management Plan and shall submit the plan as part of a Preliminary Plat Application. (2) Within the Tree Canopy Management Plan, the Applicant shall provide information on the existing tree canopy including: a. Pre-development tree canopy coverage (as determined by the City), b. Post-development tree canopy coverage (as determined by the Applicant), and c. Visual identification of tree canopy to be removed. (3) In preparing the Tree Canopy Management Plan, the Applicant shall use his or her best knowledge. A certified arborist or similar professional shall not be required to prepare a Tree Canopy Management Plan. Step 3: Review and Recommendation by the Director of Community Development (1) A Tree Canopy Management Plan shall be reviewed by the Director of Community Development for compliance with all standards. (2) After reviewing of the Tree Canopy Management Plan, the Director of Community Development shall make a recommendation to the Planning Commission and City Council. (3) The Director of Community Development shall act within thirty (30) calendar days following the Official Filing Date of the Preliminary Plat Application, unless the Applicant submits a Waiver of Right to 60-Day Action. (D) Step 4: Approval by the Planning Commission and City Council Taking the Director of Community Development s recommendation into consideration, the Planning Commission and City Council shall approve a Tree Canopy Management Plan as part of a Preliminary Plat Application. Article VI: Subdivision Standards Page 121 of 176

122 Sec Tree Preservation Requirements Option A (Standard Compliance) In the design of a Tree Canopy Management Plan, only trees in the following areas may be removed. (1) Proposed Street Right-of-Ways The Tree Canopy or any tree located within any street Right-of-Way may be removed. (2) Proposed Utility Easements The Tree Canopy or any tree located within any area dedicated for water, wastewater, drainage (e.g., storm sewer, detention ponds, etc.), and other similar infrastructure needs may be removed. (3) Proposed Areas for Site Features Required by this Subdivision Ordinance The Tree Canopy or any tree located within any area required by this Subdivision Ordinance for a site feature, such as a screening wall, may be removed. Tree Canopy Required to be Saved Permitted Tree Canopy Removal Permitted Tree Removal Note: Tree Canopy Removal Permitted due to Tree Removal Tree Required to be Saved R.O.W Figure 47: Example Diagram of Option A (Standard Compliance) Article VI: Subdivision Standards Page 122 of 176

123 Option B (Alternative Compliance) (1) In accordance with Section 5.18 (or amended) of the Zoning Ordinance, an Applicant may elect to develop a site using the Residential Cluster Development Option. This Option B (Alternative Compliance) is only applicable to sites using the Residential Cluster Development Option. (2) In the design of a Tree Canopy Management Plan, if a Residential Cluster Development Option is used, then only the Tree Canopy or trees within the designated open space areas shall be preserved. (3) The open space shall be in agreement with the locations indicated on the site plan approved by the City Council for the Residential Cluster Development. Typical Residential Development Total Site Acreage: 29 Acres Lots: 102 Lots Average Lot Size: 8,800 Sq.ft. Street - Linear Length: 5,730 Feet Street - Area of Paving: 158,425 Sq.ft. Alley - Linear Length: 6,020 Feet Alley - Area of Paving: 60,693 Sq.ft. Open Space: 0 Sq.ft. Residential Cluster Development Total Site Acreage: Lots: Average Lot Size (Yellow): Average Lot Size (Orange): Average Lot Size (Red): Street - Linear Length: Street - Area of Paving: Alley - Linear Length: Alley - Area of Paving: Open Space: 29 Acres 102 Lots 10,000 Sq.ft. 4,500 Sq.ft. 3,250 Sq.ft. 5,566 Feet 152,941 Sq.ft. 4,558 Feet 45,980 Sq.ft. 423,185 Sq.ft. or 9.7 Acres Figure 48: Example Diagram of Option B (Alternative Compliance) Article VI: Subdivision Standards Page 123 of 176

124 Sec Tree Mitigation Plan Required for Violations Purpose If trees are removed prior to the approval of a Tree Canopy Management Plan, then the Applicant shall be required to have an approved Tree Mitigation Plan (instead of a Tree Canopy Management Plan) as a part of a Preliminary Plat Application. The Tree Mitigation Plan is designed to restore a site to the level of tree canopy as required by Option A (Standard Compliance) or Option B (Alternative Compliance). Tree Mitigation Plan (1) Process A Tree Mitigation Plan shall be processed in the same manner as a Tree Canopy Management Plan, see Sec Process: Tree Canopy Management Plan. (2) Tree Mitigation Requirements a. The Applicant shall calculate the area of Tree Canopy that should have been preserved under Option A (Standard Compliance) or Option B (Alternative Compliance). b. The resulting area calculation shall be the amount of Tree Canopy that shall be restored (referred to as the calculated restoration area ). c. Replacement trees shall be required to cover an area equal to the calculated restoration area. d. The Applicant shall calculate the number of replacement trees needed to cover the calculated restoration area. e. In calculating the area for the replacement trees, the mature size of replacement trees shall be used. f. In calculating the area for the replacement trees, only large trees identified in Section 42 of the Midwest City Code shall be used. g. Tree Canopy coverage at maturity is to be obtained through the planting of 2.5 inch caliper trees at spacing that will meet the calculated restoration area. h. Replacement trees shall be a minimum 2.5 inch caliper trees. i. Replacement trees shall be planted at spacing that will meet the calculated restoration area. j. The Tree Canopy Management Plan shall show graphically the location of each replacement tree. k. The number of replacement trees shall be shown in a tabular format and indicate the tree species and area coverage assumptions for each tree species at maturity (e.g., red oak at maturity covers 1,250 square feet, etc.). l. Replacement trees shall be planted prior to the approval of a Final Plat and shall be installed using best management practices (BMP). (3) Alternative Tree Mitigation Requirements a. The Planning Commission and City Council may approve a fee in lieu of replacement trees. b. The fee shall be equal to the cost of the required replacement trees and shall include the installation or planting cost. c. The Applicant shall submit a written estimate from a nursery as verification of the cost. Article VI: Subdivision Standards Page 124 of 176

125 Section Retaining Wall Construction and Easements Sec Purpose Statement Retaining walls affect the public health, safety, and welfare in two primary ways. First, retaining walls stabilize soil for land that has significant topography to allow for development activity to occur. The construction design of retaining walls must account for their perpetual operation and safety considerations. Second, retaining walls direct the flow of water and help prevent future drainage and soil instability problems. Preventing drainage and soil instabilities problems promotes quality subdivisions, which directly benefits homeowners and business owners by protecting their private property investments. This section (Section 38-54) is designed to ensure the quality design and construction of retaining walls. Sec Applicability This section (Section 38-54) applies to all Retaining Walls constructed within five (5) feet of a property line or a proposed property line within a Subdivision of land. Sec Construction (C) Retaining Wall Location (1) Retaining Walls shall be located and constructed on private property and shall not be within any existing or planned Right-of-Way. (2) A Retaining Wall shall be located entirely on one lot and shall not straddle property lines, as shown in Figure 49: Example of Height and Location of Retaining Wall. A Retaining Wall may stretch across several private properties as long as each portion of the wall is clearly indicated as being a part of the associated private property. Retaining Wall Height Standards (1) Any earth terracing method that supports a structure or vehicle load, or that is over four feet (4 ) in height (as measured from the bottom of footing to top of wall), shall meet the requirements of this section. (2) A Retaining Wall shall meet City design standards or alternative design as approved by the City Engineer. (3) All Retaining Walls shall be constructed from masonry or concrete materials. Timing of Retaining Wall Construction (1) All Retaining Walls shown on the Grading Plan/Preliminary Plat (see (D) below) shall be installed prior to approval of the Final Plat. (2) Alternative timings to installing Retaining Walls prior to Final Plat may be approved by a Major Subdivision Waiver. (See Section for Major Subdivision Waivers) (D) Grading Plan Requirement (1) A Retaining Wall shall be constructed in accordance with the Grading Plan approved with the Preliminary Plat and shall comply with the requirements of the applicable building code and this Subdivision Ordinance. (2) Any change from the approved Grading Plan or design for a Retaining Wall within a Subdivision shall not be permitted unless the Applicant has submitted plans for the entire Subdivision showing the proposed changes in grading and the City Engineer has approved the proposed change(s). Article VI: Subdivision Standards Page 125 of 176

126 (E) Drainage/Storm Water Runoff Requirement (1) A Retaining Wall shall be designed and constructed to prevent drainage/storm water runoff from spilling over the top of the Retaining Wall and onto adjacent properties. (2) The City Engineer shall require all Retaining Walls within a side yard to be designed and constructed to a height four (4) inches above the finish floor elevation, which shall be shown on the Plat (see Figure 49: Example of Height and Location of Retaining Wall). Sec Retaining Walls Required Based on the City Engineer and Grading Plans Required Retaining Walls If, in the opinion of the City Engineer, the Grading Plans submitted with the Preliminary Plat Application indicate a need for the construction of one or more Retaining Walls, the location of the Retaining Wall(s), Private Retaining Wall Easement(s) (if applicable), and No-Build Zone(s) (if applicable) shall be shown on the Preliminary Plat and Final Plat. Optional Retaining Walls The Developer may install Retaining Walls not required by the City Engineer if the Retaining Walls are shown on the Grading Plans and approved with the Preliminary Plat Application indicating, the location of the Retaining Wall(s), Private Retaining Wall Easement(s) (if applicable), and No-Build Zone(s). Sec Retaining Wall Design on Single Lots The Retaining Wall contained within one lot shall be designed with the following elements. Private Retaining Wall Easement for the Neighboring Property (1) The Developer shall dedicate a Private Retaining Wall Easement on the neighboring property to the property with the Retaining Wall. The Private Retaining Wall Easement will allow the future property owner to access, maintain, and repair the Retaining Wall from the neighboring property. (2) The width of the Private Retaining Wall Easement shall be five (5) feet from the bottom (i.e., the point where the Retaining Wall meets the lowest point of the ground) of the Retaining Wall. (3) See Figure 49: Example of Height and Location of Retaining Wall. No Build Zone of the Property with the Retaining Wall (1) If necessary or requested by the City Engineer, the Developer shall indicate a No-Build Zone on the property with the Retaining Wall. The No-Build Zone is intended to help protect the integrity Retaining Wall. No structures or swimming pools shall be built in the No-Build Zone. (2) The width of the No-Build Zone shall be established by the Applicant's structural Professional Engineer (P.E.) and is subject to the approval of the City Engineer. (3) See Figure 49: Example of Height and Location of Retaining Wall. Sec Retaining Wall Maintenance Responsibilities The property owner or the Homeowners Association (HOA) for the subdivision, as applicable, shall be responsible for maintenance of the Retaining Wall and a note may be included to this effect on the Final Plat. Article VI: Subdivision Standards Page 126 of 176

127 Figure 49: Example of Height and Location of Retaining Wall Section Reserved Section Reserved Section Reserved Section Reserved Article VI: Subdivision Standards Page 127 of 176

128 [This page intentionally left blank for double-sided printing] Article VI: Subdivision Standards Page 128 of 176

129 Article VII. Relief from Subdivision Standards Section Petition for Subdivision Waivers Sec Purpose The purpose of a petition for a Subdivision Waiver to a specific standard or requirement of this Subdivision Ordinance, as such are applicable to Plats or Construction Plans, is to determine whether or not such specific standard or requirement should be applied to an Application. Sec Definitions Subdivision Waivers shall be classified as a Minor Subdivision Waiver or a Major Subdivision Waiver. Sec Decision-Maker Minor Subdivision Waiver Minor Subdivision Waivers are acted upon by the Director of Community Development or City Engineer, as specified in Table 7: Minor Subdivision Waivers. Article/Section Table 7: Minor Subdivision Waivers Standard Director of Community Development City Engineer Article VI.Sec (3) Waiver for Water Line Extension Requirement Approve Approve Article VI.Sec (2) Waiver for Wastewater System Extension Requirement Approve Approve Article VI.Sec (D)(3)b Waiver of the Alignment with Median Opening Requirement Approve Article VI.Sec (3) Waiver of the Permit Required for a Screening Fence or Wall Approve Article VI.Sec (2) Waiver of the Side Lot Line Requirement Approve Article VI.Sec (2) Waiver of the Lot Line Jurisdictional Requirement Approve Article VI.Sec Waiver of the Subdivision Name Requirement Approve Article VI.Sec Waiver to the HOA Establishment Requirement Approve Approve Article VI.Sec (D)(3) Waiver of the Screening Requirement between a Nonresidential Use and Park and Open Space Approve (1) Appeal to the Planning Commission/City Council of a Minor Subdivision Waiver Decision a. An appeal of the Minor Subdivision Waiver may be considered by the Planning Commission. b. The City Council shall consider all appeals of the Planning Commission s determination of the Minor Subdivision Waiver. (See Sec Subdivision Waiver Appeal). Major Subdivision Waiver A Major Subdivision Waiver can only be approved by the Planning Commission with a 5/7 vote of the membership present. (1) Appeal to the City Council of a Major Subdivision Waiver Decision An appeal of the Major Subdivision Waiver may be considered by the City Council (see Sec Subdivision Waiver Appeal). Article VII: Relief from Subdivision Standards Page 129 of 176

130 Sec Subdivision Waiver Applicability Waiver of Standard or Requirement (1) An Applicant may request a Subdivision Waiver to a specific standard or requirement applicable to a Preliminary Plat, to Construction Plans, or to a Final Plat or a Replat. (2) A Subdivision Waiver petition shall be specific in nature, and shall only involve relief consideration for one specific standard or requirement. (3) An Applicant may, if desired, submit more than one Subdivision Waiver petition if there are several standards or requirements at issue. Waiver Petition Acceptance (1) A petition for a Subdivision Waiver shall not be accepted in lieu of: a. A Subdivision Proportionality Appeal (Section 38-60); or b. A Vested Rights Petition (Section 38-61). (2) If there is a question as to whether a Subdivision Proportionality Appeal or Vested Rights Petition is required instead of a petition for a Subdivision Waiver, such determination shall be made by the Director of Community Development. Sec Submission Procedures Written Waiver Request with Application (1) A request for a Subdivision Waiver shall be submitted in writing by the Applicant with the filing of a Preliminary Plat, Construction Plans, Final Plat or Replat, as applicable. (2) No Subdivision Waiver may be considered or granted unless the Applicant has made such written request. Grounds for Waiver (1) The Applicant s request shall state the grounds for the Subdivision Waiver request and all of the facts relied upon by the Applicant. (2) Failure to do so will result in denial of the Application unless the Applicant submits a Waiver of Right to 60-Day Action in accordance with Sec Waiver of Right to 60-Day Action. Sec Criteria Consideration Factors The Decision-Maker (see Sec Decision-Maker) shall take into account the following factors: (1) The nature of the proposed land use involved and existing uses of the land in the vicinity; (2) The number of persons who will reside or work in the proposed development; and (3) The effect such Subdivision Waiver might have upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. Findings No Subdivision Waiver shall be granted unless the Decision-Maker (see Sec Decision-Maker) finds: (1) That there are special circumstances or conditions affecting the land involved or other constraints such that the strict application of the provisions of this Subdivision Ordinance would deprive the Applicant of the reasonable use of his or her land; and Article VII: Relief from Subdivision Standards Page 130 of 176

131 (C) (2) That the Subdivision Waiver is necessary for the preservation and enjoyment of a substantial property right of the Applicant, and that the granting of the Subdivision Waiver will not be detrimental to the public health, safety or welfare or injurious to other property in the area; and (3) That the granting of the Subdivision Waiver will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this Subdivision Ordinance. Intent of Ordinance A Subdivision Waiver may be granted only when in harmony with the general purpose and intent of this Subdivision Ordinance so that the public health, safety and welfare may be secured and substantial justice done. (D) Minimum Degree of Variation (E) (F) No Subdivision Waiver shall be granted unless it represents the minimum degree of variation of requirements necessary to meet the needs of the Applicant. Violations and Conflicts The Decision-Maker (see Sec Decision-Maker) shall not authorize a Subdivision Waiver that would constitute a violation of, or conflict with, any other valid ordinance, code, regulation, master plan, or Comprehensive Plan of the City. Falsification of Information (1) Any falsification of information by the Applicant shall be cause for the Subdivision Waiver request to be denied. (2) If the Subdivision Waiver request is approved based upon false information, whether intentional or not, discovery of such false information shall nullify prior approval of the Subdivision Waiver, and shall be grounds for reconsideration of the Subdivision Waiver request. Sec Burden of Proof (1) The Applicant bears the burden of proof to demonstrate that the requirement for which a Subdivision Waiver is requested, if uniformly applied, imposes a disproportionate burden on the Applicant. (2) The Applicant shall submit proof of the original requirement with the original submittal. Sec Decision The Decision-Maker (see Sec Decision-Maker) shall consider the Subdivision Waiver petition and, based upon the criteria set forth in Sec Criteria, shall take one of the following actions: Deny Deny the petition and impose the standard or requirement as it is stated in this Subdivision Ordinance; or Grant Grant the petition and waive in whole or in part the standard or requirement as it is stated in this Subdivision Ordinance. Sec Notification of Decision on Petition 14 Days The Applicant shall be notified of the decision on the Subdivision Waiver by the applicable Decision-Maker (e.g., the Director of Community Development, City Engineer, Planning Commission or City Council, as applicable see Sec Decision-Maker for details), within fourteen (14) calendar days following the decision. Article VII: Relief from Subdivision Standards Page 131 of 176

132 Sec Subdivision Waiver Appeal (C) Initiation of an Appeal (1) The Applicant or four (4) voting members of the Commission may appeal a Minor Subdivision Waiver decision from the Director of Community Development or City Engineer. (2) The written request to appeal shall be submitted to the Director of Community Development within fourteen (14) calendar days following the denial decision. Appeal to Planning Commission (1) The Planning Commission shall consider the appeal at a public meeting no later than thirty (30) calendar days after the date on which the notice of appeal is submitted to the Director of Community Development. (2) At this meeting, new information may be presented and considered, if available, that might alter the previous decision to deny the Waiver. (3) The Planning Commission may affirm, modify or reverse the previous Minor Subdivision Waiver decision by a 5/7 vote of the membership present. Appeal to City Council (1) The Applicant, the Director of Community Development or four (4) voting members of City Council may appeal the Planning Commission s decision on either a Minor Subdivision Waiver or Major Subdivision Waiver by submitting a written notice of appeal to the Director of Community Development within fourteen (14) calendar days following the Planning Commission s decision. (2) The City Council shall consider the appeal at a public meeting no later than thirty (30) calendar days after the date on which the notice of appeal is submitted to the Director of Community Development. (3) The City Council may affirm, modify or reverse the Planning Commission s decision by a 5/7 vote of the membership present. (4) The decision of the City Council is final. Sec Effect of Approval (C) Submission and Processing Following the granting of a Subdivision Waiver, the Applicant may submit or continue the processing of a Plat or Construction Plans, as applicable. Expirations The Subdivision Waiver granted shall remain in effect for the period the Plat or Construction Plans are in effect, and shall expire upon expiration of either or both of those Applications. Extensions Extension of those applications shall also result in extension of the Subdivision Waiver. Article VII: Relief from Subdivision Standards Page 132 of 176

133 Section Subdivision Proportionality Appeal Sec Purpose and Applicability Purpose: Prevent Disproportionate Burden to Owner The purpose of a petition for relief from a dedication or construction requirement is to ensure that the imposition of uniform dedication and construction standards to a proposed development does not result in a disproportionate burden on the property owner, taking into consideration the nature and extent of the demands created by the proposed development on the City's roadways and public facilities systems. Applicability (1) A petition for relief under this Section may be filed by the Applicant to contest any requirement to dedicate land or to construct Public Improvements as required by this Subdivision Ordinance or attached as a condition to approval of the Application. (2) A petition under this Section shall not be used to waive standards on grounds applicable to any Subdivision Waiver Application, as outlined in Section (Petition for Subdivision Waivers). Sec Petition Requirements Form of Petition Roughly Proportional The petition for relief from a dedication or construction requirement shall allege that application of the standard relating to the dedication or construction requirement is not roughly proportional to the nature and extent of the impacts created by the proposed development on the City's water, wastewater, storm drainage, parks or roadway system, as the case may be, or does not reasonably benefit the proposed development. Study Required The Applicant shall provide a study in support of the petition for relief that includes the following information: (1) Capacity Utilized a. Total capacity of the City's water, wastewater, storm drainage, parks or roadway system to be utilized by the proposed development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the development. b. If the proposed development is to be developed in phases, such information also shall be provided for the entire development proposed, including any phases already developed. (2) Capacity Supplied a. Total capacity to be supplied to the City's water, wastewater, storm drainage, parks, or roadway system by the proposed dedication of an interest in land or construction of Public Improvements. b. If the Application pertains to only part of a phased development, the information shall include any capacity supplied by prior dedications or construction of Public Improvements in other phases of the development. (3) Capacity Comparison a. A comparison of the capacity of the City's public facilities system(s) to be consumed by the proposed development with the capacity to be supplied to such system(s) by the proposed dedication of an interest in land or construction of Public Improvements shall be provided Article VII: Relief from Subdivision Standards Page 133 of 176

134 (C) b. In making this comparison, the impacts on the City's public facilities system(s) from the entire development shall be considered. (4) Oversizing The effect of any City participation in the costs of oversizing the public improvement to be constructed in accordance with the City's requirements shall be included in the study. (5) Other Information Any other information that shows the alleged disproportionality between the impacts created by the proposed development and the dedication or construction requirement imposed by the City shall be included in the study. Time for Filing Petition and Study (1) A petition for relief from a dedication or construction requirement shall be filed with the City Engineer within fourteen (14) calendar days of the City Council's decision to conditionally approve or deny an Application for approval of a Preliminary Plat. (2) The study in support of the petition shall be filed within sixty (60) calendar days of the initial decision, unless the Applicant (petitioner for relief) seeks an extension in writing. (3) The City Engineer may extend the time for submitting the study for a period not to exceed an additional thirty (30) calendar days for good cause shown. Sec Processing of Petitions and Decision (C) Responsible Official The City Engineer shall be the Responsible Official for a petition for relief from a dedication or construction requirement. Evaluation & Recommendation (1) The City Engineer shall review the petition and supporting study and shall make a recommendation to the Planning Commission for their consideration and recommendation to the City Council. (2) The Planning Commission shall evaluate the City Engineer s recommendation and provide a recommendation to the City Council. (3) In order to achieve proportionality between the demands created by a proposed development on public facilities and the obligation to provide adequate public facilities, the City may participate in the costs of Public Improvements or relieve the property owner of any of the obligations in response to a petition for relief from a dedication or construction requirement pursuant to Section Subdivision Proportionality Appeal. Decision-Maker The City Council shall decide the petition for relief from a dedication or construction requirement, after receiving a recommendation from the Planning Commission. (D) Burden of Proof The Applicant bears the burden of proof to demonstrate that the Application of a dedication or construction requirement that is uniformly applied imposes a disproportionate burden on the Applicant. Article VII: Relief from Subdivision Standards Page 134 of 176

135 (E) (F) (G) Decision The City Council shall consider the petition for relief from a dedication or construction requirement based upon the following criteria: (1) The City Council shall determine whether the Application of the standard or condition is roughly proportional to the nature and extent of the impacts created by the proposed development on the City's water, wastewater, storm drainage, parks or roadway system, and whether the Application of the standard or condition reasonably benefits the development. (2) In making such determination, the City Council shall consider the evidence submitted by the Applicant, the report and the recommendations of the City Engineer and Planning Commission. Action Based on the criteria in (E) above, the City Council shall take one of the following actions: (1) Deny the petition for relief and impose the dedication or construction requirement as required by this Subdivision Ordinance; or (2) Grant the petition for relief and waive any dedication or construction requirement to the extent necessary to achieve proportionality; or (3) Grant the petition for relief and direct that the City participate in the costs of acquiring land for or constructing the Public Improvement under standard participation policies. Notification of Decision on Petition The Applicant shall be notified of the decision on the petition for relief by the City Engineer within fourteen (14) calendar days following the City Council s decision. Sec Expiration or Failure to File Application Where the City Council s decision is to grant some level of relief, the Applicant shall resubmit the Application within sixty (60) calendar days following the date the petition for relief is granted, in whole or in part, showing conformity with the City Council s decision (or decision on appeal) on the petition. Re-Submittals (1) If such re-submittal of the Application is not made within the sixty (60) day period, the relief granted by the City Council on the petition shall expire. (2) If the re-submittal of the Application is modified in any other way, a new petition for relief may be required by the City Engineer. (3) If the Application for which relief was granted is denied on other grounds, a new petition for relief may be required by the City Engineer. Sec Effect of Relief Modified Application The City Engineer may require the Applicant to submit a modified Application or supporting materials consistent with the relief granted by the Commission on the petition. Expiration The relief granted on the petition shall remain in effect for the period the Application is in effect, and shall expire upon expiration of the plat or related Application. Article VII: Relief from Subdivision Standards Page 135 of 176

136 Section Vested Rights Petition Sec Purpose The purpose of a Vested Rights Petition is to determine whether an Application should be processed under the terms of a previous ordinance, to provide a process for determination of possible vested status, and to determine when certain permits are subject to expiration. Sec Applicability Any Application A Vested Rights Petition may be submitted for any Application authorized under this Subdivision Ordinance. Prohibited Joint Submission A Vested Rights Petition cannot be submitted by an Applicant along with submission of a request for a text amendment to this Subdivision Ordinance, a zoning map amendment, or any other request for a legislative decision by the City Council. Sec Submission (C) Filing A Vested Rights Petition shall be submitted to and officially filed with the City's Responsible Official (see Sec Decision on a Vested Rights Petition). Automatic Waiver Submission of a Vested Rights Petition shall be deemed as an automatic waiver of the Applicant s right, and the City's obligation, to process and act upon Applications as provided in Sec Waiver of Right to 60-Day Action of this Subdivision Ordinance. Stay Further Proceedings Submission of such petition shall stay further proceedings on the related Application until a final decision is reached on the Vested Rights Petition. Sec Effect If a properly submitted Vested Rights Petition is approved in whole or in part, the Responsible Official shall then process the original Application and the Decision-Maker shall decide the Application in accordance with the standards specified in the relief order based on prior ordinance requirements or development standards, or shall extend the validity of the original Application that would otherwise be subject to expiration pursuant to this Subdivision Ordinance. Sec Form of Petition The Vested Rights Petition shall allege in writing that the Applicant has a Vested Right for some or all of the land subject to the Application that requires the City to review and decide the Application under standards that were in effect prior to the effective date of the currently applicable standards. The petition shall include the following information and documents: Petitions Information and Documents (1) A written Vested Rights Petition form, with a notarized original signature of the property s owner; (2) A narrative description of the grounds for the petition, including a statement as to whether the petition asserts a Vested Right related to a specific standard or to an entire project; Article VII: Relief from Subdivision Standards Page 136 of 176

137 (3) A copy of each approved or pending Application which is the basis for the contention that the City may not apply current standards to the Application which is the subject of the petition; (4) The Official Filing Date of the Application; (5) The date the subdivision for which the Application was submitted was commenced; (6) Identification of all standards otherwise applicable to the Application from which relief is sought; (7) Identification of any current standards which Applicant agrees can be applied to the Application at issue; (8) A narrative description of how the Application of current standards affect proposed landscaping, open space or park dedication, shown on the Application for which the petition is filed; (9) A copy of any prior vested rights determination involving the same land; (10) Whenever the Applicant alleges that an Application subject to expiration should not be terminated, a description of the events constituting Progress Towards Completion of the Subdivision for which the Application was approved; and (11) The Applicant shall reimburse the City for all related legal costs for review of the Vested Rights Petition. This reimbursement shall be paid in full prior to any decision on the petition. Sec Time for Filing Petition Timing (1) A Vested Rights Petition shall be filed with an Application for which a vested right is claimed. (2) As an exception, a Vested Rights Petition may be filed before the date of expiration of any already approved Application when filed pursuant to Sec Dormant Projects. Multiple Applications Where more than one Application is authorized to be filed simultaneously by this Subdivision Ordinance, the petition may be filed simultaneously for each Application. Sec Decision on a Vested Rights Petition Reviewing a Vested Rights Petition (1) The Responsible Official for a Vested Rights Petition is the same as that for processing the Application with which the petition is associated. (2) Where multiple Applications are submitted, and there is more than one Responsible Official, the decision of each Responsible Official shall be coordinated with that of any other Responsible Official on the Vested Rights Petition. (3) The City Attorney shall also be notified of the Vested Rights Petition following its filing and acceptance for processing. (4) The Applicant shall reimburse the City for all related legal costs for review of a Vested Rights Petition. This reimbursement shall be paid in full prior to filing of the Final Plat. Article VII: Relief from Subdivision Standards Page 137 of 176

138 (C) Decision by the Responsible Official on a Vested Rights Petition (1) If the Responsible Official is the Decision-Maker on the original related Application, that official shall determine whether the relief requested in the Vested Rights Petition should be granted in whole or in part, and shall formulate a written report summarizing the official's reasoning and recommendation. (2) The Applicant shall be notified of the decision within fourteen (14) calendar days following the date the Vested Rights Petition was filed at the City. (3) The Responsible Official may defer making a decision on the Vested Rights Petition and instead forward the petition to the Planning Commission for a decision, in accordance with the process outlined in (C) below. Decision by the Commission on a Vested Rights Petition (1) If the Planning Commission is the Decision-Maker on the original related Application or if the Responsible Official defers making a decision on a Vested Rights Petition pursuant to (3) above, the Responsible Official for that type of Application shall submit a report in the form of a recommendation on the Vested Rights Petition to the Planning Commission. (2) The Planning Commission shall render a decision on the Vested Rights Petition within thirty (30) calendar days following the date the petition was filed at the City. (3) The Planning Commission s decision on a Vested Rights Petition shall be upon a simple majority vote of the full Planning Commission s voting members. (D) Decision by the City Council on a Vested Rights Petition (E) (F) (1) If the City Council is the final Decision-Maker on the related Application, or for any petition submitted pursuant to Sec Dormant Projects, the Responsible Official for that type of Application shall submit a report in the form of a recommendation on the Vested Rights Petition to the City Council. (2) The City Council shall render a decision on the Vested Rights Petition within thirty (30) calendar days following the date the petition was filed at the City. (3) The City Council s decision on a Vested Rights Petition shall be upon a simple majority vote of the full City Council s voting members, and shall be final. Appeal to the City Council of a Decision on a Vested Rights Petition (1) The Applicant or no less than four (4) voting members of City Council may appeal to the entire City Council, the Responsible Official's or Commission's decision on the Vested Rights Petition by submitting written notice of appeal to the applicable Responsible Official within fourteen (14) calendar days following the date of such decision. (2) The City Council shall hear and decide the appeal within thirty (30) calendar days following receipt of the notice of appeal by the City. (3) Approval of an appeal by the City Council shall only be upon a favorable vote of at least 5/7 vote of the City Council membership present, and shall be final. Effect on Related Applications (1) A final decision on the Vested Rights Petition or appeal under this Section must be achieved prior to further processing, and prior to any consideration of, or decision on, the related Application. (2) Upon such final resolution and decision on a Vested Rights Petition, the Responsible Official shall commence processing, review and consideration for the related Application as provided in this Subdivision Ordinance. Article VII: Relief from Subdivision Standards Page 138 of 176

139 Sec Criteria for Approval Factors The Decision-Maker shall decide the Vested Rights Petition based upon the following factors: (1) The nature and extent of prior Applications filed for the land subject to the petition; (2) Whether any prior vested rights determinations have been made with respect to the property subject to the petition; (3) Whether any prior approved Applications for the property have expired or have been terminated in accordance with State law or local ordinances; (4) Whether current standards adopted after commencement of the project affect proposed use of the land, landscaping or tree preservation, open space or park dedication, lot size, lot dimensions, lot coverage or building size based upon the proposed Application; (5) Whether any statutory exception applies to the standards in the current Subdivision Ordinance from which the Applicant seeks relief; and (6) Whether any prior approved Applications relied upon by the Applicant have expired. Conditions If the claim of vested rights is based upon a pending Application, subject to standards that have been superseded by current standards of this Subdivision Ordinance, the Decision-Maker may condition any relief granted on the Vested Rights Petition on the approval of the pending Application. Sec Action and Record of Action on the Vested Rights Petition Action The Decision-Maker may take any of the following actions: (1) Deny the relief requested in the petition, and direct that the Application shall be reviewed and decided under currently applicable standards; or (2) Grant the relief requested in the petition, and direct that the related Application be reviewed and decided in accordance with the standards contained in identified prior regulations; or (3) Grant the relief requested in part, and direct that certain identified current standards be applied to the related Application, while standards contained in identified prior regulations also shall be applied. Record The Responsible Official's report and the decision on the Vested Rights Petition shall be recorded in writing in an order identifying the following: (1) The nature of the relief granted, if any; (2) The related Application(s) upon which relief is premised under the petition; (3) Current standards which shall apply to the related Application for which relief is sought, if applicable; (4) Prior standards which shall apply to the related Application for which relief is sought, including any procedural standards, if applicable; (5) The statutory exception or other grounds upon which relief is denied in whole or in part on the petition; and (6) To the extent feasible, subsequent related Applications that are subject to the same relief granted on the petition. Article VII: Relief from Subdivision Standards Page 139 of 176

140 Sec Related Application Following Final Decision on the Vested Rights Petition (C) Possible Revisions Following the City's final decision on the Vested Rights Petition, the Applicant shall, if necessary, revise the related Application such that it conforms to the City's decision on the Vested Rights Petition. Consideration of Revised Application The Decision-Maker on the related Application shall review and consider the revised Application in accordance with the procedures for deciding that type of Application, as outlined in this Subdivision Ordinance, and in conformity with any relief granted. Officially Filed If the relief granted on the Vested Rights Petition is consistent with the related Application on file, no revisions shall be necessary, and the related Application shall be deemed officially filed at the time of the final decision on the Vested Rights Petition. Sec Expiration & Extension Expiration Relief granted on a Vested Rights Petition shall expire on occurrence of one of the following events: (1) The Applicant fails to submit a revised Application that is consistent with the relief granted, if any, within sixty (60) calendar days following the final decision on the Vested Rights Petition; (2) The Application for which relief was granted on the Vested Rights Petition is denied; or (3) The Application for which relief was granted on the Vested Rights Petition expires. Extension Extension of the date of expiration for the Application for which relief was granted on a Vested Rights Petition shall result in extension of the relief granted on the Vested Rights Petition for the same time period. Sec Dormant Projects Definitions For purposes of this Sec Dormant Projects only: (1) Initial Permit Initial Permit means any of the following types of approvals granted under this Subdivision Ordinance or any predecessor subdivision or development-related ordinance that was in effect prior to the adoption of this Subdivision Ordinance: a. Preliminary Plat, b. Construction Plans, c. Construction Release, d. Major Subdivision Waiver/Minor Subdivision Waiver to any requirement in this Subdivision Ordinance (per Section Petition for Subdivision Waivers), or e. Any other Application that was approved subject to a schematic drawing illustrating the location, arrangement, orientation, or design of development, lots, or improvements on a site intended for development. Article VII: Relief from Subdivision Standards Page 140 of 176

141 (C) (2) Final Permit Final Permit means a Final Plat approved under this Subdivision Ordinance, or any predecessor subdivision or development-related ordinance that was in effect prior to the adoption of this Subdivision Ordinance. Expiration of Initial Permits Any Application for an Initial Permit that was approved or filed before, but that was not subject to an expiration date, shall expire on the effective date of this Subdivision Ordinance, if the approval or filing occurred two (2) years or more prior to the adoption date of this Subdivision Ordinance. Reinstatement of Initial Permits (1) The property owner of the land subject to an Initial Permit that expires under above may petition the City Council to reinstate such permit by filing a written petition within 180 calendar days following the effective date of this Subdivision Ordinance. (2) The petition shall clearly state the grounds for reinstatement and shall be accompanied by documentation of one of the following: a. As of two (2) years prior to the effective date of this Subdivision Ordinance, one of the following events had occurred: 1. A Final Permit to continue toward completion of the project was submitted to the City for all or part of the land subject to the approved Initial Permit and was approved by the City, or was filed and was subsequently approved by the City; 2. An Application for a Final Permit to continue toward completion of the project was submitted to the City for all or part of the land subject to the expired Initial Permit, but such Application was rejected on grounds of incompleteness; 3. Costs for development of the land subject to the Initial Permit, including costs associated with roadway, utility and other infrastructure facilities designed to serve the land in whole or in part, but exclusive of land acquisition costs, were incurred in the aggregate amount of five percent (5%) of the most recent appraised market value of the land; 4. Fiscal security was posted with the City to guarantee performance of obligations required under this Subdivision Ordinance, including the construction of required improvements associated with the proposed development, for all or a part of the land subject to the approved Initial Permit; or 5. Utility connection fees for all or part of the land subject to the approved Initial Permit were paid to the City. b. As of two (2) years prior to the adoption date of this Subdivision Ordinance, but before the expiration date specified in Expiration of Initial Permits, one of the following events had occurred: 1. A Final Permit was approved for all or part of the land subject to the approved Application, and remained in effect for such land on such expiration date; or 2. A complete Application for approval of a Final Permit for all or part of the land subject to the approved Initial Permit was pending for decision on such expiration date. Article VII: Relief from Subdivision Standards Page 141 of 176

142 (D) City Council Action on Reinstatement The City Council may take one of the following actions: (1) Reinstate the expired Initial Permit without an expiration date, if it finds that the Applicant has met any one of the criteria listed in (C)(2)a above; (2) Reinstate the Initial Permit for all or part of the land subject thereto, if it finds that the Applicant has met any one of the criteria listed in (C)(2)b above, subject to such expiration dates or other conditions that ensure that the remaining land that is not subject to an approved or pending Final Permit Application will be developed in a timely fashion. a. In granting relief under this provision, the City Council may require that development of such remaining land is subject to standards enacted after approval of the Initial Permit; (3) Deny the reinstatement petition, if it finds that the Applicant has failed to meet any of the criteria in (C) above; or (4) Reinstate the permit for only that part of the land subject to a pending Final Permit Application, if it finds that the Applicant has met the criteria in (C)(2)b.2 above and the pending Application subsequently was approved, and deny the reinstatement petition for the remaining land subject to the expired Initial Permit. Section Reserved Section Reserved Article VII: Relief from Subdivision Standards Page 142 of 176

143 Article VIII. Definitions Section Usage and Interpretation Sec Usage The definitions within this Article VIII are intended to provide descriptions for words and terms used within this Subdivision Ordinance. Absent any conflict, words and terms used in this Subdivision Ordinance shall have the meanings ascribed thereto in this Article VIII. Sec Conflicts When words and terms are defined herein, and are also defined in other City ordinances, they shall be read in harmony unless there exists an irreconcilable conflict, in which case the definition contained in this Article VIII shall control. Sec Present and Past Tenses Words used in the present tense include the future; words in the singular number include the plural number, and words used in the plural number include the singular number. Sec Usage of Shall and May The word shall is mandatory and not directory. The word may is directory and not mandatory. Sec Words Not Defined For any definition not listed in this Article VIII, the definition found within the latest edition of Webster s Dictionary shall be used. Sec Certain Terms and Words Certain terms and words are to be used and interpreted as described and/or defined within the sections of this Subdivision Ordinance wherein they apply to certain regulations. Sec Clarifications A "person" includes a corporation, a partnership, and an incorporated association of persons such as a club; a "building" includes a "structure"; a "building" or "structure" includes any part thereof; "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied." Section Definitions Sec Year Floodplain A flood having a one percent (1%) chance of being equaled or exceeded in any given year. FEMA Flood Insurance Rate Maps (FIRMs) delineate the 100-Year Floodplain. Sec Abutting Adjacent, adjoining and contiguous to. It may also mean having a lot line in common with a right-of-way or easement, or with a physical improvement such as a street, waterline, park, or open space. Article VIII: Definitions Page 143 of 176

144 Sec Access A means of approaching or entering a property, or the ability to traverse a property (such as in the use of the phrase pedestrian access easement ). Sec Alley A minor Right-of-Way, generally dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for utility service purposes. Sec Amending Plat See Plat, Amending. Sec Amenity Aesthetic or other physical improvements to a development that increase its quality, desirability, and/or marketability to the public and shall include, but not be limited to, the following: Amenities List (1) Amenity center (i.e., private swimming pool, club house, tennis courts, etc.); (2) Private recreational facility; (3) Entry features; (4) Open space - voluntary or as required by zoning or Development Agreement; (5) Ponds (e.g., detention and retention ponds per Sec (D) requirements); (6) Water fountains; (7) Water features; (8) Hike-and-bike trails; and (9) Other commonly owned facilities. Sec Appeal A request for review of and relief from any decision applying a provision of this Subdivision Ordinance. Sec Applicant The person or entity responsible for the submission of an Application. The Applicant must be the actual owner of the property for which an Application is submitted or shall be a duly authorized representative of the property owner. Also see Developer. Sec Application The package of materials including, but not limited to, an Application Form, a Plat, completed checklist, Construction Plans, special drawings or studies, and other informational materials, that is required by the City to initiate City review and approval of a development project. Sec Application, Complete See Complete Application. Article VIII: Definitions Page 144 of 176

145 Sec Application Form The written form (as provided by and as may be amended by the City) that is filled out and executed by the Applicant and submitted to the City along with other required materials as a part of an Application. Sec Approval Approval constitutes a determination by the official, board, commission, or City Council responsible for such determination that the Application complies with the minimum provisions of this Subdivision Ordinance. Approval does not constitute approval of the engineering or surveying contained in the plans, as the design engineer or surveyor that sealed the plans is responsible for the adequacy of such plans. Sec Arterial, Primary A street designed to accommodate cross-city traffic movement, distributing traffic to and from Secondary Arterials and Collector Streets. Primary Arterials are either divided or undivided roadways that typically have an ultimate width of six lanes. Primary Arterials are prescribed within the Comprehensive Plan and designated on the Thoroughfare Plan Map. Sec Arterial, Secondary A street designed to accommodate neighborhood-to-neighborhood (intra-city) traffic movement, distributing traffic to and from Collector Streets. Secondary Arterials are either divided or undivided roadways that typically have an ultimate width of four lanes. Secondary Arterials are prescribed within the Comprehensive Plan and designated on the Thoroughfare Plan Map. Sec Arterial Street See Primary Arterial or Secondary Arterial. Sec Barrier Curbs Barrier curbs are designed to prevent vehicles from leaving the roadway or pavement. Sec Block A grouping of residential lots (and their alleys if applicable) that are partially or fully surrounded by one or more streets. A block consists of one or two tiers of lots. Lots that are separated by an alley are in the same block, but lots that are separated by a street are in different blocks. Sec Buffer An area of permanent native vegetation that is adjacent to a water course and/or wetland that is managed to maintain the integrity of the water course and/or wetland to reduce the impact of upland sources by: trapping, filtering and converting pollutants; reducing sediment loads; reducing runoff velocity; stabilizing stream banks and wetland edges; reducing water temperatures; and providing habitat for urban wildlife. Sec Building Any structure intended for shelter, occupancy, housing, or enclosure for persons, animals, or property. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate building. Article VIII: Definitions Page 145 of 176

146 Sec Building Line A line or lines designating the area outside of which buildings may not be erected. Sec Building Permit An official certificate issued by the City through the Chief Building Official that indicates conformance with or approved conditional waiver from City regulations and authorizes construction of buildings or other described construction on the premises for which it is issued. Sec Centerline, Streets or Alleys An imaginary line erected midway between the bounding Right-of-Way lines of a street or alley. Where the bounding Right-of-Way lines are irregular, the centerline is determined by the Director of Community Development. Sec Certificate of Occupancy An official certificate issued by the City through the Chief Building Official, which may also be referred to as an Occupancy Permit, that indicates conformance with or approved conditional waiver from City regulations and authorizes legal use of the premises for which it is issued. Sec Chief Building Official The person(s) so designated by the Director of Community Development to provide oversight for and have responsibility of the Building Inspections Division of the Community Development Department, such an official issues Building Permits and Certificates of Occupancy, and enforces the Zoning Ordinance, Building Code, and any applicable provisions of this Subdivision Ordinance. Sec City The City of Midwest City, Oklahoma unless otherwise specified in the regulation. Sec City Attorney The person(s) so designated by the City Manager. Sec City Council The elected body that governs the City under State law and City Charter, and that is duly authorized to operate in the manner prescribed by City ordinances and resolutions. Sec City Engineer The person(s) so designated by the Director of Community Development. Sec City Manager The person(s) so designated by the City Council. Sec City Planner See Director of Community Development. Article VIII: Definitions Page 146 of 176

147 Sec Collector Street Streets designed or used to carry traffic from local streets to Arterial Streets and freeways, as prescribed within the City's Comprehensive Plan. (See Table 4: Minimum Roadway Standards for basic standards and the City s Code of Ordinances for detailed standards.) Sec Commenced/Commencement Refers to the beginning of the development (or construction) of a subdivision as indicated by the initial disturbance of soils associated with clearing, grading, or excavating activities. Sec Commission The Planning Commission of the City of Midwest City. Sec Complete Application An Application that meets the standards of this Subdivision Ordinance, and has been deemed complete by the City in accordance with Section Initiation and Complete Application of this Subdivision Ordinance. Sec Comprehensive Plan The City's officially adopted Comprehensive Plan which includes policies, in written and graphic form, on (but not limited to) thoroughfares, land use, parks, open space, hike and bicycle trails, and other facets of the City's physical form, which govern the future development of the City and consist of various components governing specific geographic areas, functions, and services of the City. Sec Construction See Development. Sec Construction Plans The drawings and technical specifications that conform to this Subdivision Ordinance and all other applicable ordinances of the City. Construction Plans provide a graphic and written description of the character and scope of the work to be performed in construction of a development. Sec Construction Release Official authorization by the City, through the City Engineer, that indicates conformance with City regulations and authorizes construction of improvements or other described construction, in conformance with approved Construction Plans, on the premises for which it is given. Sec Corner Lot See Lot, Corner. Sec Covenant A private legal restriction on the use of land contained in the deed to the property or otherwise formally recorded. Sec Cul-De-Sac Cul-de-sac shall mean a Local Street having only one vehicular access point to another street and terminated by a vehicular turn-around. Article VIII: Definitions Page 147 of 176

148 Sec Day, Business Shall be defined as Monday through Friday, excluding City-recognized holidays. Sec Day, Calendar Each day of a particular calendar year. Sec Dead End Street Dead end street shall mean a street, other than a Cul-De-Sac, with only one outlet. Sec Decision-Maker The City official or group, such as the Director of Community Development, Planning Commission, or City Council, responsible for deciding action on an Application authorized by this Subdivision Ordinance. Sec Dedication The grant of an interest in property to the City for public use and benefit. Sec Deed A document under seal that states a conveyance of an interest in real property. Sec Deed Restriction A limitation on the use of land set forth or referred to in the title deed of such land, which limitations run with the land and are binding upon present and subsequent owners of the land. Sec Developer A person or entity, limited to the property owner or duly authorized representative thereof, who proposes to undertake or undertakes the division or improvement of land and/or other activities covered by this Subdivision Ordinance so as to constitute a subdivision, including the preparation of a plat showing the layout of the land and the Public Improvements involved therein. The word developer is intended to include the terms subdivider, property owner, and, when submitting platting documents, Applicant. Sec Development Any activities related to the platting or physical subdivision of land including the construction, reconstruction, conversion, or enlargement of buildings or structures; the construction of impervious surfaces (e.g., parking lots); the installation of utilities, roadways, drainage facilities or other infrastructure; or any disturbance of the surface or subsurface of the land in preparation for such construction activities, including grading, drainage, storage, paving, clearing, filling, and/or removal of vegetation or soil, and any mining, dredging, excavation or drilling operations. Sec Development Agreement An agreement between the City and a property owner/developer within the City. Article VIII: Definitions Page 148 of 176

149 Sec Director of Community Development The person(s) so designated by the City Manager. Sec Director of Community Services The person(s) so designated by the City Manager. Sec Director of Environmental Services The person(s) so designated by the City Manager. Sec Double-Frontage Lot See Lot, Double Frontage. Sec Driveway A paved entranceway serving primarily vehicles that allows for access to a lot or facility, and is intended for vehicular movements between the roadway and any portion outside the street Right-of-Way. Sec Easement A right granted to the City and/or to a private entity for the purpose of limited public or semi-public use across, over, or under private land. Sec Engineer, Professional A person who has been duly licensed as a Professional Engineer to engage in the practice of engineering in the State of Oklahoma. (Also known as Professional Engineer, Registered Engineer, Registered Professional Engineer, or Licensed Engineer.) Sec Engineering Standards Manual and Construction Details Engineering Standards Manual (ESM) A separate and stand-alone document not included within this Subdivision Ordinance that details specific engineering requirements for the construction of Public Improvements. The ESM is developed and maintained by the Director of Community Development. Construction Details A separate and stand-alone document not included within this Subdivision Ordinance that provides technical construction drawings of the City s required Public Improvement, such as a Standard Storm Drain Curb Inlet. The Construction Details document is developed and maintained by the Director of Community Development. Sec ESM&CD See Engineering Standards Manual and Construction Details. Article VIII: Definitions Page 149 of 176

150 Sec Exemption A specified reason why a particular development is not subject to the requirements to plat or to a specific provision of this Subdivision Ordinance. Sec Facility(s) Infrastructure and other structures that support a development including, but not limited to, water distribution lines, sanitary sewer collection lines, storm sewer lines and other storm water management devices, thoroughfares, sidewalks, private utilities, etc. Sec Fee Schedule A listing of fees for various Applications, which may be amended periodically (see Section 38-8 Fees). Sec Fence, Ornamental Metal A decorative metal (such as wrought iron ) fence that shall be constructed of solid stock materials or tubular steel with minimum 16-gauge pickets, 11-gauge posts, and masonry support columns at maximum thirty feet (30 ) on center and does not include chain link type fencing. Sec File/Filed/Filing See Official Filing Date and Submission. Sec Final Plat See Plat, Final. Sec Fire Chief The person(s) so designated by the City Manager. Sec Flag Lot See Lot, Flag. Sec Flood or Flooding A general and temporary condition of partial or complete inundation of normally dry land areas from: the overflow of lakes, streams, rivers, or any other inland waters; or the unusual and rapid accumulation or runoff of surface waters from any source. Sec Floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood. Sec Front Lot Line See Lot Line, Front. Article VIII: Definitions Page 150 of 176

151 Sec Grading Plan A plan showing the proposed reshaping of the ground surface to planned grades for development activity, such as the construction of a Subdivision. The standards of a grading plan are detailed in an Application Form developed and maintained by the Director of Community Development. Sec HOA See Homeowners Association (HOA). Sec Homeowners Association (HOA) A community association that is organized within a development in which individual owners share common interests and responsibilities for open space, landscaping, amenities or facilities, and which operate under recorded land agreements. This term also includes Property Owners Associations (POAs) and Property Management Corporations (PMCs) which are more typically formed for multifamily and nonresidential developments. Sec Improvement Any man-made fixed item that becomes part of or placed upon real property. Sec Improvement, Public Any Improvement, facility or service, together with its associated public site, Right-of-Way or easement necessary to provide transportation, storm drainage, public or private utilities, parks or recreational, energy or similar essential public services and facilities, for which the City ultimately assumes the responsibility, upon a Letter of Final Acceptance being issued, for maintenance, operation and/or ownership. Sec Interior Lot See Lot, Interior. Sec Key Lot See Lot, Key. Sec Landlocked A lot, tract, or parcel of land surrounded or bounded on all sides by other lots, tracts or parcels and lacking frontage onto an approved street. Sec Landscaping The improvement of a lot, parcel, or tract of land with grass, shrubs, and/or trees, which may include pedestrian walks, flowerbeds, ornamental objects, such as fountains, statuary, and other familiar natural or artificial objects. Sec Land Surveyor, Registered A land surveyor licensed and registered in the State of Oklahoma. Article VIII: Definitions Page 151 of 176

152 Sec Letter of Final Acceptance Notification to an Applicant by the City Engineer that all improvements are completed, inspected, tested (if applicable), and determined by the City to be in conformance with this Subdivision Ordinance and with the City's design standards and all improvements are accepted by the City or will be accepted contingent on the approval of a Final Plat. Sec Local Street A street that is intended to provide a high level of access to adjacent developments and, generally, a low level of mobility. Local Streets are prescribed within the City's Comprehensive Plan. Sec Lot An undivided tract or parcel of land that is or may be offered for sale, conveyance, or improvement and is occupied or intended to be occupied by a building or group of buildings. A Lot has its principal frontage on a public street or officially approved private street, as shown on a plat of record or described by metes and bounds. Sec Lot, Corner A Lot that has at least two adjacent sides abutting for their full lengths on a street, provided that the interior angle at the intersection of such two (2) sides is less than one hundred thirty-five degrees (135 ). Sec Lot Depth The horizontal distance measured perpendicularly between two points on the front lot line and two points on the rear lot line which creates an area that meets (or exceeds) the zoning district s minimum width and depth requirements. Lot depth shall not include easements that are located behind the front building line that impair the use of the lot surface as a yard. Sec Lot, Double Frontage A Lot having a frontage on two (2) non-intersecting streets, as distinguished from a Corner Lot. Sec Lot, Flag A lot having access to a street by means of a parcel of land having a depth greater than its frontage, and having a width less than the minimum required lot width. May also be referred to as a Panhandle Lot. (See Figure 50: Lot Type Examples) Sec Lot, Frontage That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot. Sec Lot, Interior A lot other than a Corner Lot and bounded by a street on only one side. Sec Lot, Key A Corner Lot that is designed such that the lots located directly behind it face the side street of the Corner Lot and are not separated by an alley. Sec Lot, Reverse Frontage A Double-Frontage Lot that is designed to be developed with the rear yard abutting a major street and with the primary means of ingress and egress provided on a minor street. Article VIII: Definitions Page 152 of 176

153 Sec Lot Line, Front The narrower side of the lot abutting a street. Where two (2) lot lines abutting streets are of equal length, the owner shall have a choice in designating which shall be designated as the Front Lot Line, and therefore the lot frontage. For a lot which has a boundary line which does not abut the front street line, is not a rear lot line and lies along the same general directional orientation as the front and rear lot lines, said line shall be considered a front lot line in establishing minimum setback lines. Sec Lot Line, Rear The lot line farthest from and most parallel to the front lot line. For triangular lots, the point opposite the Front Lot Line shall be considered the rear lot line and have a value of zero. Sec Lot Line, Side Any lot line that is not the Front Lot Line or Rear Lot Line. Sec Lot Lines The lines bounding a lot as defined herein, which may also be referred to as property lines. Sec Lot of Record A lot which is part of a subdivision, the plat or metes and bounds description of which has been recorded in the office of the County Clerk of Oklahoma County. Sec Lot Width The horizontal distance measured between Side Lot Lines parallel to the Front Lot Line, and measured from the point on the building line that is closest to the Front Lot Line. Sec Major Creek The term Major Creek shall include the primary channel and all headwaters of the Crutcho Creek, Soldier Creek, and Choctaw Creek. Sec Major Subdivision Waiver See Waiver, Major Subdivision. Sec Masonry Construction Masonry construction shall include the following exterior construction materials: fired brick, natural and manufactured stone, granite, marble, architectural concrete block, and 3-step stucco process. Sec Maximum For the purposes of this Subdivision Ordinance, the maximum is the amount that is required by this Subdivision Ordinance of a developer but a developer may choose to construct or provide less than the maximum, unless otherwise specified. Sec Metes and Bounds A system of describing and identifying land by measures (metes) and direction (bounds) from an identifiable point of reference such as a monument or other marker. Article VIII: Definitions Page 153 of 176

154 Sec Minimum For the purposes of this Subdivision Ordinance, the minimum is the amount that is required of a developer but a developer may choose to construct or provide additionally above the minimum required, unless otherwise specified. Sec Minor Plat See Plat, Minor. Sec Minor Subdivision Waiver See Waiver, Minor Subdivision. Sec Mountable Curbs Mountable curbs (also commonly known as sloping or roll-over curbs) have sloping faces allowing vehicles to encroach upon the curb without discomfort or damaging the vehicle. Sec Municipal Separate Storm Sewer System (MS4) A Municipal Separate Storm Sewer System (MS4) is the City s storm water system (also referred to as a storm sewer system). The regulatory definition established by the EPA can be found within the Code of Federal Regulation (40 CFR (b)(8)). Sec No-Build Zone In relation to a Retaining Wall, an area determined by a Professional Engineer (P.E.) extending from the Retaining Wall at which any additional load from future construction could exceed the design capacity of the Retaining Wall. Sec Nonconformities/Noncompliance A lot, the area, dimensions, or location of which was in existence prior to the adoption, revision, or amendment of these subdivision regulations, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the subdivision regulations. Sec ODOT The acronym for the Oklahoma Department of Transportation. Sec Off-Site Any premises not located within the area of the property to be subdivided, whether or not in common ownership with the applicant submitting an Application. Sec Off-Site Improvements Any utility, paving, grading, drainage, structure, or modification of topography that is, or will be located on property not within the boundary of the property to be developed. Sec Official Filing Date The date an Application is deemed complete by the Responsible Official in the manner prescribed by Section Initiation and Complete Application of this Subdivision Ordinance. Article VIII: Definitions Page 154 of 176

155 Sec On-Site Any real property located within the area of the property to be subdivided, whether or not in the same ownership of the Applicant for subdivision approval. Sec Open Space Any land parcel or natural area that is set aside, dedicated, designated, or reserved for public use and enjoyment, or for private use and enjoyment of owners and occupants of the land adjoining or neighboring such open space area. Open Space shall have no dimension less than fifty feet (50 ) in any direction, and shall not include remnant property unless it is noted for thoroughfare screening or natural areas where the topography is not impacted, in which case it may be less than fifty feet (50 ) in width. Sec Ordinance The Subdivision Ordinance of the City, as may be amended in the future, and may be referred as this Ordinance. Sec Parcel A contiguous area of land described in a single description in a deed or as one of a number of lots on a Plat; separately owned, either publicly or privately; and capable of being separately conveyed. For ease of indexing data, a segment of a street, highway, railroad, Right-of-Way, pipeline, or other utility easement may be treated as though it were a parcel. Sec Park and Recreation Board Established in Chapter 30 (Parks and Recreation) of the City Code, the Park & Recreation Board is an advisory board to the City Council with reference to all City parks and recreational facilities. Sec Park Land Review Committee A Committee established in the City Charter and is an authorized Decision-Maker for Section Sec Park or Playground An area developed for active or passive play and recreation that includes open space, sports courts or fields, play equipment, and trails. Sec Pedestrian Access A specifically designated place, path, means, or way by which pedestrians shall be provided safe, adequate, and usable circulation through the interior of a property or development. Sec Permit A license, certificate, approval, registration, consent, permit, contract or other agreement for the construction or provision of service from a utility owned, operated, or controlled by the City, or other form of authorization required by law, rule, regulation, order, or ordinance, which has been approved by the City, that a person or entity must obtain to perform an action or initiate, continue, or complete a project for which the permit is sought, and for which the Application for the permit or information required to be submitted for consideration provides notice of the project to the City. Sec Planning Commission A decision-making body appointed by the City Council that has the authority conferred upon it by this Subdivision Ordinance or other regulation of the City. Article VIII: Definitions Page 155 of 176

156 Sec Plat A plan which shows the exact layout and proposed construction of a proposed development into one or more lots, blocks, streets, parks, school sites, easements, alleys and/or any other elements as required by this Subdivision Ordinance, including any engineering or construction standards for related improvements, and which conforms to all requirements of this Subdivision Ordinance and any other applicable City ordinance. Sec Plat, Amending A Plat with minor changes to a recorded subdivision as itemized and authorized in Section Amending Plat of this Subdivision Ordinance. Sec Plat, Final A Plat which conforms to Section Section Final Plat of this Subdivision Ordinance and is submitted to the City for consideration. The Plat illustrates that the Subdivision of land is consistent with all standards of this Subdivision Ordinance. Once approved, such Plat is submitted to the County for recording. Sec Plat, Minor A Plat dividing land into no more than three (3) lots and that meets the submission and approval requirements of Section Minor Plat. A Minor Plat is approved by the Director of Community Development and is also considered a Final Plat. Sec Plat, Preliminary A Plat conforming to Section Preliminary Plat of this Subdivision Ordinance and is submitted to the City for consideration. A Preliminary Plat is reviewed and decided prior to approval of a Final Plat. Sec Plat, Sketch A sketch or informal Plat or plan prepared prior to the preparation of the Preliminary Plat describing the proposed design of the subdivision to be reviewed during the pre-application review process. Sec Pond Detention Pond Detention ponds are used to drain a runoff volume over a specified period of time, typically 24 hours, and are used to meet streambank protection criteria. Detention ponds are used to reduce the peak storm water discharge, and are designed to completely drain after the design storm has passed. (See design standards in Sec (F)) Retention Pond Retention ponds serve the same function as Detention Ponds, but are also designed to contain a permanent (dead storage) pool of water throughout the year. (See design standards in Sec (F)) In a retention pond, runoff from each rain event is detained and treated in the pool through gravitational settling and biological uptake until it is displaced by runoff from the next storm. The permanent pool also serves to protect deposited sediments from resuspension. Above the permanent pool level, additional temporary storage (live storage) is provided for runoff quantity control. Sec Preliminary Drainage Plan A plan showing the watershed affecting the development and how the runoff from the fully-developed watershed will be conveyed to, through, and from the development. See Sec Preliminary Drainage Plan. Article VIII: Definitions Page 156 of 176

157 Sec Preliminary Plat See Plat, Preliminary. Sec Preliminary SWMP A Preliminary Storm Water Management Plan (SWMP) identifies permanent water quality feature opportunities for the development and is detailed in Sec Preliminary Storm Water Management Plan. Sec Preliminary Utility Plan A map or plan showing the location and size of water and wastewater mains, which will be required to provide adequate service and fire protection to the lots specified in the proposed Plat. See Sec Preliminary Utility Plan. Sec Primary Arterial See Arterial, Primary. Sec Private Retaining Wall Easement A Private Retaining Wall Easement is an easement that allows a person or entity access to private property to access, maintain, and repair a Retaining Wall. Sec Private Street See Street, Private. Sec Private Utility See Utility, Private. Sec Professional Engineer (P.E.) See Engineer, Professional. Sec Professional Land Planner or Designer An individual with formal training in planning, architecture, landscape architecture, and/or civil engineering and/or several years experience inland development, subdivision design and/or subdivision review. Sec Progress Towards Completion Progress towards completion of the project shall include any one of the following: Progress Type (1) An Application for a Final Plat or plan is submitted; (2) A good-faith attempt is made to file with the City or County an Application for a permit necessary to begin or continue towards completion of the project; (3) Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located; (4) Fiscal security is posted with a regulatory agency to ensure performance of an obligation required by Article VIII: Definitions Page 157 of 176

158 the regulatory agency; or (5) Utility connection fees for the project have been paid to a regulatory agency. Sec Project An endeavor over which the City exerts its jurisdiction and for which more than one permit is required to initiate, continue, or complete. Sec Property Owner The legally recognized proprietor of the land for which an Application is being submitted. Also see Developer. Sec Proportionality/Proportional Share The Developer s portion of the costs of an exaction or Public Improvement (determined by a professional engineer) and the level of service considered to be the roughly proportional share of such exaction or Public Improvement that is created by a proposed development or Subdivision. Sec Public Improvement See Improvement, Public. Sec Public Use Any area, building, or structure held, used, or controlled exclusively for public purposes by any department or branch of any government, without reference to the ownership of the building or structure. Sec Public Utility See Utility, Public. Sec Public Way An officially approved, privately maintained street, constructed to City street standards, open to unrestricted and irrevocable public access, serving two (2) or more lots that provides the primary means of access and providing fire lane and utility easements. Sec Rear Lot Line See Lot Line, Rear. Sec Record Drawings A group of drawings or plans that depicts the final configuration of the installed or constructed improvements of a development, improvements that have been verified by the contractor as their installation or construction occurs during development. The Record Drawings shall reflect the Construction Plans (or working drawings) used, corrected, and/or clarified in the field. Sec Registered Land Surveyor See Land Surveyor, Registered. Article VIII: Definitions Page 158 of 176

159 Sec Replat The re-subdivision of any part or all of any block or blocks of a previously platted subdivision, addition, lot, or tract, that is beyond the definition of an Amending Plat and which does not require the vacation of the entire preceding plat. Such plat must also conform to Section Replat of this Subdivision Ordinance. A Replat can function as a Final Plat for a property. Sec Reserve Strip A narrow, linear strip of property, usually separating a parcel of land and a roadway, that is characterized by limited depth that will not support development and by preventing access from the roadway to the land adjacent to the reserve strip. Sec Responsible Official The City staff member who has been designated by the Subdivision Ordinance to perform one (1) or more of the following tasks. Tasks (1) Accept an Application for filing; (2) Review and make recommendations concerning such Application; (3) Where authorized, to initially decide such Applications; (4) Initiate enforcement actions; and/or (5) Take all other actions necessary for administration of the provisions of this Subdivision Ordinance with respect to such Application. Sec Retaining Wall Any wall built or designed to retain or restrain lateral forces of soil or other materials, said materials being similar in height to the height of the wall, and can be for storm water drainage control as well. Sec Right-of-Way A use of land dedicated by plat or instrument to and for use by the public, which is separate and distinct from the lots and parcel abutting it; which is not included within the dimensions or areas of such lots or parcels; and which describes an area used for the provision of streets and utilities. Unless otherwise specified, the term Right-of-Way shall refer to a public Right-of-Way. Sec Road, or Roadway See Street. Sec Screening A barrier intended to separate and limit visibility between that which is on either side of the barrier, for example, a thoroughfare and adjacent land uses. Sec Secondary Arterial See Arterial, Secondary. Sec Side Lot Line See Lot Line, Side. Article VIII: Definitions Page 159 of 176

160 Sec Site Development Plan A plan showing location and size of water and sewer lines and storm sewers, paving, contours at two (2) foot intervals, building pad elevations, spot elevations at each lot corner for all lots in the subdivision, lot and street drainage arrows, street light locations, water and sewer service connections, top of curb elevations, lot dimensions, fire hydrants, manhole locations, Right-of-Way widths, utility easements, and other information as required by the Application Form. Sec Sketch Plat See Plat, Sketch. Sec Storm Water Pollution Prevention Plan (SWP3) A Storm Water Pollution Prevention Plan (SWP3 or SWPPP) identifies structural and non-structural controls, the purpose of which is to minimize erosion and run-off of pollutants and sediment, which will be put in place to minimize negative impacts, caused by off-site storm water discharges, to the environment. Sec Street An access way for vehicular traffic and other public uses, whether designated a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated. An alley is not considered a street. Sec Street, Improved A Street that has been constructed or reconstructed to meet the City's minimum standards regarding Right-of-Way width, pavement width, and/or pavement type, as defined in the Engineering Standards Manual and Construction Details. Sec Street, Private A privately owned street within a subdivision for which the private owners assume full responsibility for maintenance and controls and which has not been dedicated to the use of the public. This term is inclusive of related alleys. Sec Street Right-of-Way Width The shortest distance between the lines delineating the Right-of-Way of a street. Sec Street, Stub A street that has been designed to allow for the future extension of the street through subsequent subdivisions. Sec Street, Substandard An existing street that does not meet the current minimum street standards of the City. Sec Street, Unimproved A street that does not meet the City's minimum standards regarding Right-of-Way width, pavement width, and/or pavement type, as defined in the Engineering Standards Manual and Construction Details. Article VIII: Definitions Page 160 of 176

161 Sec Subdivide Is the following when done for the purpose of sale, conveyance, or development: (1) The division of any tract of land into two (2) or more tracts or lots; or (2) The assembly of two (2) or more tracts of land into one tract or lot. Is the following with regard to changes to a recorded subdivision plat: (1) A resubdivision of all or part of the subdivision; (2) Any change of lot size or lot lines; or (3) The relocation of any street. Sec Subdivider See Developer. Sec Subdivision The division of a tract or parcel of land into two (2) or more parts or lots for the purpose, whether immediate or future, of sale or building development or transfer of ownership with the exception of transfer to heirs of an estate, and shall include re-subdivision. Sec Subdivision Ordinance Refers to this Subdivision Ordinance and all its included regulations and standards. Sec Subdivision/Plat, Unrecorded A plat that has been approved by a City or County, but has not been recorded with the County Registrar of Deeds. Sec Subdivision Waiver Either a Minor Subdivision Waiver or Major Subdivision Waiver, see Section Petition for Subdivision Waivers. Sec Submission The date an applicant delivers an Application or petition under this Subdivision Ordinance to the Director of the applicable City Department, or the date on which an applicant deposits an Application or petition with the United States Postal Service by certified mail addressed to the Director of the applicable City Department, along with all required fees and documents. Sec Substandard A condition of a road or other public improvement that does not meet the City's current Right-of-Way, design, capacity or construction standard(s). Sec Substandard Platted Subdivision A platted area deviating from or falling short of the standards adopted by the City. Sec Surety A bond, letter of credit, or letter of financial guarantee from a financial institution. Article VIII: Definitions Page 161 of 176

162 Sec Thoroughfare See Street. Sec Thoroughfare Plan Map A component of the City's Comprehensive Plan that generally represents the proposed grid-system of major and minor thoroughfares that will support the Future Land Use Plan, and also shows existing railroads and proposed transit rail stations. Sec Thoroughfare Screening Screening both landscaping and screening walls/fences, between lots/subdivisions and major thoroughfares as required by Section Thoroughfare Screening of this Subdivision Ordinance. Sec Trails Master Plan The City's officially adopted Plan, including the policies in graphic and text form, governing the future development of the City's hike-and-bike trail system, including sidewalks. Sec Utility, Private Services, and any related facilities (e.g., distribution lines), not customarily provided by the City or public entities such as electricity, natural gas, and telecommunications. Sec Utility, Public Services, and any related facilities (e.g., distribution lines), typically provided by the City, County, or publicly owned entity such as potable water distribution, wastewater collection, and storm water management. Sec Vacate/Vacation To make legally void. Sec Variance As defined in the Zoning Ordinance. Sec Vested Right A right of an applicant requiring the City to review and decide the Application under standards in effect prior to the effective date of the standards of this Chapter and/or of any subsequent amendments. Sec Vested Rights Petition A request for relief from any standard or requirement of this Subdivision Ordinance based on an assertion that the applicant (petitioner for relief) has acquired a vested right. (See Section Vested Rights Petition) Article VIII: Definitions Page 162 of 176

163 Sec Violation Any failure to fully comply with this Subdivision Ordinance. Sec Waiver, Major Subdivision A significant change to both the standards and intent of this Subdivision Ordinance, which involves Commission approval. A Major Subdivision Waiver includes any type of waiver that is not specifically listed in Table 7: Minor Subdivision Waivers. Sec Waiver, Minor Subdivision A minor change to the standards, but not the intent, of this Subdivision Ordinance, which involves Director of Community Development approval unless otherwise noted. (See Table 7: Minor Subdivision Waivers) Sec Wetland An area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions and is identified on the U.S. Department of Interior National Wetland Inventory Map. Sec Wetland Delineation Study A study in which the main purposes are to determine jurisdictional wetlands and to ensure compliance with Section 404 of the Clean Water Act and other applicable regulations of the U.S. Army Corps of Engineers. Sec Zoning Ordinance The City's Zoning Ordinance. Article VIII: Definitions Page 163 of 176

164 [THIS PAGE IS INTENTIONALLY LEFT BLANK FOR DOUBLE-SIDED PRINTING] Article VIII: Definitions Page 164 of 176

165 Article IX. Figures and Tables Figure 50: Lot Type Examples Article IX: Figures and Tables Page 165 of 176

166 Figure 51: Lot Width Example Figure 52: Building Area Examples Article IX: Figures and Tables Page 166 of 176

167 Figure 53: Front Lot Line Examples Figure 54: Side Lot Line Examples Figure 55: Rear Lot Line Examples Article IX: Figures and Tables Page 167 of 176

168 Figure 56: Access and Connections to Adjacent Properties Article IX: Figures and Tables Page 168 of 176

169 Flood Access and Maintenance Easement Creek Figure 57: Streets Adjacent to the Floodplain Article IX: Figures and Tables Page 169 of 176

170 Figure 58: Cul-de-Sacs Adjacent to a 100-Year Floodplain Article IX: Figures and Tables Page 170 of 176

171 Figure 59: Fencing Options for Lots Abutting a 100-Year Floodplain Article IX: Figures and Tables Page 171 of 176

172 Figure 60: Determining Lot Depth on an Irregular-Shaped Lot Article IX: Figures and Tables Page 172 of 176

173 Figure 61: Lot Street Frontage Curved Streets Article IX: Figures and Tables Page 173 of 176

174 Figure 62: Lot Street Frontage Cul-de-Sac & Eyebrow Lots Article IX: Figures and Tables Page 174 of 176

175 Figure 63: Centrally Located Amenity Center Article IX: Figures and Tables Page 175 of 176

176 Figure 64: Access & Lot Orientation to Parks and/or Open Space Article IX: Figures and Tables Page 176 of 176