[Ord. 1020-2003, 10-10-2003]
This chapter and all amendments thereto shall be known and may
be cited as the "Land Subdivision Code of the City of Tahlequah -
Amended."
[Ord. 1020-2003, 10-10-2003]
In their interpretation and application of the provisions of
this chapter, all administrative boards and agencies, legislative
bodies, and judicial bodies are advised that the council has determined
that the Tahlequah real estate market requires the ready availability
of parcels of land of a wide variety of size and shape, which can
be conveyed easily. The market further requires these parcels of land
to have available a number of utilities, ready access to public facilities
and public improvements, and to be generally suitable for immediate
occupancy by buildings and structures of various kinds. In pursuit
of these market objectives, the subdivider through various legal processes
is actively involved in the building and rebuilding of cities generally
and the City of Tahlequah in particular, as every tract of land laid
out thereafter becomes a permanent feature in the community. As such,
the public at large is entitled to consideration in this process due
to the fact that the public at large is ordinarily required to furnish
a number of basic services and facilities without which the new urban
addition would be of little value. Furthermore, the public must live
with the off site consequences of the subdivision process and is frequently
called upon to maintain or expand improvements at taxpayer expense
which were originally built by the subdivider and which deteriorate
or prove to be inadequate after the typical subdivider has disposed
of his total interest in the property. In fact, the public as a community
is responsible for the economic and social climate and conditions
making the subdivision of land desirable and profitable. The council
therefore concludes that it is necessary for land subdividers to be
held to certain minimum requirements adopted for the protection of
the public health, safety and welfare. Such protections are also intended
to provide for a permanently wholesome community environment which
has adequate municipal services and safe public facilities which meet
the physical and aesthetic needs of the citizens.
[Ord. 1020-2003, 10-10-2003]
This chapter shall not apply to any lot or lots forming a part
of a subdivision created and recorded prior to the effective date
hereof. Provided that if such land is replatted after the effective
date hereof, the replat will comply with this chapter to the extent
that the level of development (as of the effective date hereof) on
such previously existing plats permits. Nor is it intended by this
chapter to repeal, abrogate, annul, or in any way impair or interfere
with existing provisions of other laws or ordinances (except those
specifically repealed by this chapter), or with private restrictions
placed upon property by deed, covenant, or other private agreement,
or with restrictive covenants running with the land to which the City
is a party. Where this chapter poses a greater restriction than is
imposed or required by such existing provisions of law, ordinance,
contract or deed, the provisions of this chapter shall control.
[Ord. 1020-2003, 10-10-2003]
In accordance with 11 Oklahoma Statutes 45-104, the provisions
of this chapter shall be administered by the planning and zoning commission
acting in lieu of the governing body.
[Ord. 1020-2003, 10-10-2003]
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future. Words in the plural number include the singular,
and words in the singular number include the plural. The word "shall"
is always mandatory; the word "may" is always directory.
The board of county commissioners of the county in which
the land in question is located.
The City of Tahlequah, Oklahoma.
The word "City" followed by the name of any officer means
any officer or assistant to such officer employed by the City of Tahlequah
to fulfill any of the duties of the office named.
The council of the City of Tahlequah, Oklahoma.
A general development plan based upon the present and the
projected future needs of the City as currently adopted or as may
be hereinafter adopted by the City council and duly recorded in the
office of the county Clerk of Cherokee County, Oklahoma. The comprehensive
plan may also be referred to as the master plan, and constitutes a
plan which indicates the general locations recommended for the various
functional classes of public works, places, and structures, and for
the general physical development of the City of Tahlequah; such a
designation includes the entire body of such documents, or any unit
or part thereof as may be separately adopted including amendments
to such plan or parts thereof.
A person, firm, or corporation engaged in any aspect of the
construction of improvements, including, but not limited to, street
paving.
The Clerk of the county in which the land is located, unless
the context indicates otherwise.
A short street having one end open to traffic and being terminated
at the other end by an open space designed to facilitate vehicular
turnaround.
The owner or agent of the owner of the land having the rights
to subdivide and order the construction of improvements.
The ingress and egress for the property adjacent to a street,
and being located between the street pavement and the street right
of way line.
A registered, professional engineer in good standing in the
state of Oklahoma.
The health department of the cities located within Cherokee
County and of Cherokee County, Oklahoma.
See definition of Streets And Alleys.
Grading, street surfacing, construction of curbs and gutters,
sidewalks, crosswalks, culverts, bridges, water lines, sanitary sewer
lines, force mains and lift stations, storm sewer lines, other utilities,
and other required features.
A subdivision in which each lot contains more than 2.5 acres,
or such size as may be required or approved by the City to qualify
as a large lot residential estate subdivision.
A parcel or portion of land in a subdivision or plat of land,
separated by other parcels or portions by description as on a subdivision,
for the purpose of sale or lease to, or separate use of another.
Any division of a lot in an existing approved platted subdivision
into two parcels. The object of such division is to divide a lot into
precisely two parcels for the purposes of adding one of the newly
created parcels to an adjacent lot, thereby effectively moving the
boundary of the adjacent lot for the purpose of future conveyances
of the resulting parcel or parcels.
The comprehensive plan.
The map established by the City council showing the streets,
highways, and parks heretofore laid out, adopted and established by
law and any amendments or additions thereto adopted by the council
resulting from the approval of subdivision plats and the subsequent
filing of such approved plats.
Land which may be dedicated to or reserved for acquisition
for general use by the public, including parks, recreation areas,
school sites, drainage, storm water detention area, community and
public building sites and other similar lands. Public open space specifically
does not include floodway drainage courses, public lakes and ponds
or any area within the ten-year fully urbanized floodplain, but may
include other areas in the 100-year fully urbanized floodplain.
Any individual, firm, or corporation having sufficient proprietary
interest in the land sought to be subdivided to commence and maintain
proceedings to subdivide the land under this chapter.
The systematic development, installation, and completion
of all improvements within a portion of a subdivision after final
plat approval and recording, whereas the developed lots within that
portion qualify for building permit. Subdivision development in phases
shall be allowed in such cases that it is not economically feasible
for complete development of all lots within the subdivision immediately
after plat approval and recording.
The planning and zoning commission of the City of Tahlequah,
Oklahoma.
The general construction or engineering drawings of public
improvements showing the layout and principal design features of a
subdivision.
A map, drawing, or chart which represents the plan of subdivision
further with degrees or versions as follows:
FINAL PLATThe map, drawing, or chart on which an owner's plan of subdivision is presented to the planning commission and to the City council for approval, and which, if approved, will be submitted to the county Clerk for recording.
INTRODUCTION PLATA draft drawing reflecting the general proposed layout of a future planned subdivision including location, amount of acreage, location of existing utilities, and general concept for presentation at preliminary TAC meeting and preliminary planning and zoning commission meeting.
PRELIMINARY PLATA drawing or chart indicating the proposed layout of the subdivision to be submitted to the planning commission for its consideration. Such preliminary plat shall include designation of recreation areas, parks, playgrounds and other public open space and private open space, and showing all proposed buildings setbacks, and utility easements.
An area of land located adjacent to the intersection of two
or more streets, which area of land is bounded by a line measured
from the center of a connecting street and extended along the curb
line of a corner lot for a distance of 75 feet, to an end point to
form one boundary of the triangle; and bounded by a line measured
from the center of the second connecting street and extended along
the second curb line of the corner lot for a distance of 75 feet to
an end point to form the second boundary of the triangle; and bounded
by a straight line connecting the two end points of the first two
boundaries. This triangle has been determined for regulatory purposes
to be sufficient for the drivers of two vehicles traveling at 25 miles
per hour or less and approaching an uncontrolled intersection on separate,
interconnecting, level and dry streets to view each other and take
appropriate actions safely; this triangle has also been determined
for regulatory purposes to be sufficient for pedestrian traffic which
may be augmented by toys such as roller skates, skateboards, sleds,
and similar devices.
The detailed working drawings and written technical instructions
concerning public improvements as adopted by the City of Tahlequah.
The entire staff and any member thereof of the Tahlequah
planning department, the Tahlequah engineering department, and the
Tahlequah inspections department, including any future successors
thereto.
A written order to the contractor or to the owner to stop
work, and stating therein the nature of the reason for the issuance
of such an order. Such orders may only be signed by the City inspector,
assistant City Administrator, or designee.
A way for vehicular traffic, regardless of how designated.
Where curbs are laid, the word "street" shall refer to that portion
of the roadway between the curbs. Streets may be further designated
as follows:
ALLEYA passage or way affording generally a secondary means of vehicular access to abutting properties, and not intended for general traffic circulation.
ARTERIAL STREETA fast or heavy traffic street of considerable continuity and used basically as a traffic artery for travel among large areas of the City. Arterial streets may be further designated as primary or secondary arterial streets.
COLLECTOR STREETA street which carries traffic from minor streets to arterial streets, including the principal entrance streets of residential development, and the streets for circulation within such a development.
HIGHWAYSA fast or heavy traffic street having limited access and used basically as a traffic artery for travel between Tahlequah and other cities. Frontage roads associated with limited access highways are collector streets.
MINOR STREETA street used primarily for access to the abutting properties.
The division of a parcel of land shown as a unit or contiguous
units on the last proceeding tax roll into five or more lots or parcels,
any one of which contains 2.5 acres or less for the purpose of transfer
of ownership or building development; or
If a new public street dedication is involved, any division
of a parcel of land; or
The improvement of one or more parcels of land for residential,
commercial, office, or industrial structures or groups of structures
involving the division or allocation of land for the opening, widening,
or extension of any public street or streets (except internal private
streets); the division or allocation of land as open spaces for common
use by owners, occupiers or leaseholders.
Provided that a division of land which may be ordered or approved
by the court or effected by testamentary or intestate provisions,
or a division of land for agricultural purposes into lots or parcels,
or the exchange of parcels of land between owners of adjacent property
to resolve common boundary disputes, where new lots are not thereby
created and where neither of the lots resulting are reduced below
the minimum size of a lot required by law shall not be deemed subdivision.
The term includes resubdivision, and when appropriate in context,
shall relate to the process of subdividing land or to the land so
subdivided.
A registered land surveyor in good standing in the state
of Oklahoma.
Any reference to the term "public works" herein shall mean
Tahlequah public works authority.
A committee composed of the municipal staff and public utilities,
which review introduction plats and proposals for the preliminary
plats. The purpose of the committee is to review the various proposals
to determine whether or not the technical elements of the construction
plans and the subdivision plats meet or exceed the requirements in
technical areas of the general public.
The Tahlequah zoning code and any amendments thereto.
[Ord. 1020-2003, 10-10-2003]
Except as provided in this chapter, no person shall subdivide
any tract of land which is located within the City nor shall any person
create a lot split for any tract of land which is located within the
City, except in conformity with the provisions of this chapter.
[Ord. 1020-2003, 10-10-2003]
A.
Recording of the Plat: No plat of any subdivision shall be entitled
to be recorded in the county Clerk's office or to otherwise have
any validity until it shall have been approved in the manner prescribed
herein. In the event any such unapproved plat is recorded, it shall
be considered invalid, and the planning commission or the City council
may institute legal proceedings to have the plat stricken from the
records.
B.
Sale of land in Subdivision: No owner or agent of the owner of any
land located within any proposed subdivision shall offer, transfer,
sell, agree to sell any land by reference to, exhibit of, or by the
use of a plan or plat of a subdivision before such plan or plat has
been approved and recorded in the manner prescribed herein; unless:
1) such agreement to sell is expressly made contingent upon the proper
filing of the plat in question in advance of closing; 2) the application
to subdivide and plat property is withdrawn; or 3) the preliminary
plat is revised omitting that portion sold and approved by the City
of Tahlequah.
C.
Construction of Improvements:
1.
No owner proposing to subdivide any land located within the City
shall proceed with any construction work, except cosmetic cleanup,
on such proposed subdivision, including grading which substantially
changes the natural contour of the property, until the owner has obtained
from the planning commission approval of the introduction plat of
the proposed subdivision.
2.
The building inspector shall not issue building permits for any structure
on a lot in a subdivision for which a final plat has not been approved
and recorded in the manner prescribed herein, and for which all improvements
for such lot have not been constructed. Provided that all proposed
public improvements identified by the plat, or approved portion thereof
must be constructed, dedicated, and accepted prior to the issuance.
3.
The building inspector shall not authorize to be installed any taps
to public water or sewer systems on any lot of a subdivision for which
a plat has not been approved and recorded in the manner prescribed
herein, and for which all improvements have not been constructed.
Provided that all proposed public improvements identified by the plat,
or within any developed phase thereof, must be constructed, dedicated,
and accepted prior to authorization.
D.
Public Services: The City will withhold all public services of whatsoever
nature other than police and fire protection from all subdivisions
which have not been approved, and from all areas dedicated to the
public which have not been accepted in the manner prescribed herein.
It is further the policy of the City to require the owner to comply
with the general principles of design and minimum requirements for
the layout of subdivisions as set forth herein.
E.
Revision of Plat After Approval: No changes, erasures, modifications
or revisions shall be made in any plat of a subdivision after approval
has been given by the council, and endorsed in writing on the plat,
unless said plat is first resubmitted to the planning commission and
to the City council and receives approval of the changes.
F.
Development in Phases: The owner shall be allowed to develop sections
of lots within an approved subdivision, including all improvements
necessary for such lots to qualify for building permit. That portion
or phase of lots developed must be fully completed in accordance with
the approved final plat and all other requirements as contained herein.
All phases that are completed within an approved subdivision must
be developed in such a manner that each phase is contiguous to the
previous phase. No interior development of phases shall be allowed
unless such phase is a continuation of previous phase in progressive
order from subdivision entry which connects to existing public streets.
[Ord. 1020-2003, 10-10-2003]
The technical advisory committee is hereby established, composed
of one or more representatives from the following City departments
or divisions:
A.
Inspections.
B.
Planning and zoning commission.
C.
Fire department.
D.
Tahlequah public works authority.
E.
Street department.
F.
Northeastern Oklahoma public facility authority.
G.
Sanitation.
H.
Flood Administrator.
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Designated representatives from concerned public or private
utility companies, businesses, agencies, institutions, and similar
entities, and designated representatives of private individuals who
express concern with the development may attend and participate in
the discussion of proposed plats. The TAC shall act as advisors to
the planning commission.
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[Ord. 1020-2003, 10-10-2003]
[Ord. 1020-2003, 10-10-2003]
Headings are provided for reference purposes and are not to
be used as interpretive guides.
[Ord. 1020-2003, 10-10-2003]
In enacting various provisions of this chapter, and in promulgating
any rules or regulations which may be made necessary in order to carry
out the purpose of this chapter, the City of Tahlequah is merely setting
forth certain minimum standards for construction which may not be
violated in the construction of any public improvements. By setting
forth these minimum standards, neither the City as an entity nor any
of its staff is making any representations, warranties or assurances
that these minimum designs are sufficient. Any person owning such
land or developing land within the City limits of Tahlequah must rely
upon their own design professionals to design facilities whether public
or private which are capable of providing the services required of
such public or private facilities, and which are adequate under all
reasonably foreseeable circumstances for the purposes intended. When
the City staff examines proposals or construction plans for conformity
with this chapter, such review by City personnel merely is being performed
to determine whether or not the minimum standards will be met. The
approval of these plans does not represent, warrant, or assure any
person that the designs are adequate for the purposes intended. Neither
the enactment of this chapter nor review of improvements to be constructed
or proposed under this chapter shall in any manner create liability
for the City of Tahlequah to the owner, developer, or contractor nor
to any person affected by the activities of such owner, developer
or contractor.
[Ord. 1020-2003, 10-10-2003]
The owner of any proposed subdivision which joins the Tahlequah
City limits is recommended to apply for annexation of the proposed
subdivision in advance, and thereafter, develop such subdivision in
accordance with procedures contained in this chapter. In no case,
shall the City of Tahlequah consider acceptance of annexation of any
subdivision developed outside the Tahlequah City limits, unless all
improvements to such subdivision have been fully completed more than
five years in advance of any annexation request, and the City determines
that such existing improvements substantially meet the quality standards
as contained in this chapter.
