Town of Slaughterville, OK ARTICLE II Plat or Survey Preparation, Review, and Approval

§ 13-430 General Provisions.

[Ord. No. 75 12-19-2006; amended 5-17-2011; amended 11-16-2021 §30]

A. All applicable state statutes regarding platting and development shall be complied with, specifically Tit. 11 O.S. §41, as well as all other statutes and all ordinances.

B. All applicants for either a subdivision or a certificate of survey must follow the application and review process set forth herein, post the necessary bonds, maintain the necessary insurance, and pay their appropriate fees for all subdivision development.

C. Subdivision Review Process. The subdivision review process required in these regulations shall consist of four phases:

1. Sketch plan;

2. Preliminary plat;

3. Improvement plans; and

4. Final plat.

D. Special Procedures. Special procedures for the following types of subdivisions shall be as provided for the following:

1. Lot splits (§ 13-406);

2. Lot line adjustments (§ 13-406);

3. Planned unit development (§ 13-167 et seq.);

4. Re-subdivision (§ 13-408); and

5. Vacation of plats (§ 13-407).

E. All submissions, whether sketch plan, preliminary plat, improvement plan, or final plat shall be provided to the town in computerized format as the town may request.

§ 13-431 Necessity of Surety Bonds.

[Ord. No. 75 12-19-2006; amended 5-17-2011 §31]

Surety bonds shall be required for all subdivisions unless there are no improvements or maintenance necessary in the proposed subdivision. All surety bonds shall be in a form of guaranty acceptable to the town board and shall be placed on file with the town clerk, prior to any construction. The type of sureties made shall be satisfactory to both the planning and zoning commission and the town board of trustees and made in favor of the Town of Slaughterville. Any final plat or subdivision located within the Town of Slaughterville shall not be approved unless the developer or subdivider provides the following subdivision bonds:

A. A compliance bond and/or a performance bond to ensure compliance with the town ordinances, state laws and all federal regulations;

B. An improvement bond to ensure all improvements, as fully set forth in this chapter, within the proposed subdivision are completed;

C. Maintenance bond to ensure the improvements are maintained while the proposed subdivision is being developed.

§ 13-432 Bond Requirements.

[Ord. No. 75 12-19-2006; amended 5-17-2011; amended 11-16-2021 §32]

If there are improvements or maintenance in the proposed subdivision, then surety bonds shall be provided to ensure the installation and maintenance of the required improvements, to ensure completion of the development and to ensure compliance with the law. An irrevocable letter of credit may be substituted for the bond so long as it is made payable to the Town of Slaughterville and has all the necessary requirements set forth herein for bonds, and the town board of trustees approves the same. All bonds shall meet the following requirements:

A. All bonds shall be in an amount equal to 115% of the cost of improvements, installations and reasonable maintenance thereof, for a period of two year(s) minimum and shall continue each year thereafter that the subdivision is being developed as approved by the town board.

B. The bonds shall be in full force until 90 days after the filing with the town board of a completion affidavit obtained from the town code enforcement officer, unless within said 90 days, said code enforcement officer determines that the requirements, standards and specifications of these regulations applicable to the construction, installation and completion of said subdivision have not been met. In such case, the town code enforcement officer shall notify the developer and sub-divider in writing, and the bond shall continue to run until the filing of proof that the deficiencies have been corrected and all standards met.

C. The bonds required herein shall be executed by a reliable insurance company authorized to do business in the state, as surety, and with the developer as principal, running to the town for the benefit of the town and all persons concerned, conditioned that the developer shall comply with the terms and conditions of this ordinance in the development of the subdivision. The bonds shall provide:

1. That the developer will promptly pay fines, penalties and other assessments imposed upon them by reason of his breach of any of the terms, provisions of this ordinance;

2. That the developer will promptly within the designated time limits, complete and install all of the required improvements, including erosion control, utilities, and all other improvements required by this ordinance;

3. That the developer shall bear all the costs necessary and incidental to the correction of any pollution to waters caused by the developer or developer's agents, servants, employees, subcontractors or independent contractors;

4. That the developer shall guarantee that the street construction work, utility work, and all other work performed by the developer will be free of any defective materials or workmanship which became apparent during the period of two years following completion of the subdivision; and

5. That the developer shall indemnify and hold harmless the town from any and all liability attributable to development of the subdivision. Other forms may be utilized by the developer as a substitution for the bonds described above, provided that the town board of trustees approves the substitution. Such substitutions include, but are not limited to the following: a certificate of deposit in the name of the Town of Slaughterville, acceptable corporate surety bond, cash, irrevocable letter of credit drawn on a banking institution qualified to do business in the State of Oklahoma, or any other form deemed adequate by the board of trustees to fully compensate the town.

D. All bonds shall run for a period of at least two years after the date of the town's completion affidavit.

§ 13-433 Insurance Requirements.

[Ord. No. 75 12-19-2006; amended 5-17-2011; amended 11-16-2021 §33]

In addition to the bond requirements stated herein, if there are improvements, then the developer shall obtain standard comprehensive liability insurance, in the principal sum of at least $1,000,000 per occurrence and $2,000,000 aggregate. The insurance shall be executed by a reliable insurer licensed to do business in the state, as surety, and with applicant as principal, all persons concerned and shall provide:

A. That the developer will comply with every applicable federal and state law, rule, regulation, standard or directive relating to the maintenance of the safe and beneficial physical, chemical and biological properties of any natural resources of the town.

B. That the developer shall pay all fines, penalties, assessments or judgment resulting directly or incidentally from the developer's activities and which result in pollution of town waters;

C. Developer shall file with the town certificates of said insurance as above stated and shall provide the actual insurance policy promptly upon request.

D. Other forms may be utilized by the developer as a substitution for the bonds described above, provided that the town board of trustees approves the substitution. Such substitutions include, but are not limited to the following: a certificate of deposit in the name of the Town of Slaughterville, acceptable corporate surety bond, cash, irrevocable letter of credit drawn on a banking institution qualified to do business in the State of Oklahoma, or any other form deemed adequate by the board of trustees to fully compensate the town;

E. Said insurance policy or policies shall provide that it will not be cancelled without written notice to the town at least 20 days prior to the effective date of such cancellation. In the event said policy or policies are cancelled, the permit granted shall immediately thereupon terminate, and developer's rights to operation under said permit shall cease until developer files additional insurance as provided herein.

§ 13-434 Application Process for Certificates of Survey.

[Ord. No. 75; amended 11-16-2021]

A. Preliminary Steps. Before preparing any written documents, the survey, or plans the subdivider should review these Regulations and discuss with the planning and development administrator or their representative the procedures for the adoption of a certificate of survey and the general requirements regarding the insurance requirements, the bond requirements, the layout of streets, reservations of land, street improvements, drainage, sewerage, water supply, flood hazard area, fire protection, the availability of services and all other matters regarding the proposed survey.

B. Certificate of Survey. In order to apply for a certificate of survey the following procedure shall be followed:

1. The applicant shall submit to the town, in both computerized format (as specified by the town) drawn to scale and no less than seven paper copies of the proposed certificate of survey no less than 45 days before the date of the planning and zoning commission meeting at which consideration is requested. The application shall contain:

a) The name of the proposed certificate of survey, including the town, county and state;

b) The boundary and complete written legal description of the proposed certificate of survey;

c) A legible map drawn relatively close to scale, including the north point and date;

d) The general layout of the proposed lots, blocks and streets;

e) Dimensions of all lots in feet and/or acres;

f) The location and description of any land to be dedicated or reserved for parks, schools, churches, streets, or other public, quasi-public, or private areas, if any;

g) The location of areas subject to flooding or any other impairment to health or safety of citizens within the boundaries of the proposed subdivision;

h) The location of existing bodies of water, water-courses, structures, and other physical features relating thereto;

i) The location of all oil and gas wells and/or facilities, including but not limited to tank batteries, storage facilities, and all other oil and gas related activity within 660 feet from the perimeter of the proposed development;

j) The location of all plugged oil and gas wells, including any historic data information regarding the location of any tank batteries, open pits or other possible dangers to the public. No structure shall be built within 50 feet radius from any plugged oil and gas well;

k) The location of any cul-de-sacs and easements to be reserved across that portion of each lot which would allow the road to be extended at a later date; and

l) The location of any half-streets and the easement across the adjacent property that will provide for future completion of the street.

m) A verified statement that the information contained and being provided to the town is true and correct to the best of the applicant’s knowledge and belief, which is signed by all owners of the property, all sub-dividers and the firm and/or persons responsible for the design of the proposed certificate of survey.

2. Attachments to application:

a) Copy of the filed deed with book and page number; and

b) Any other information that the town deems relevant.

3. Time Limitations. Unchanged certificate of surveys shall be valid for a period of one year from the date the survey is submitted to the town for decision.

4. Pay the Appropriate Fee for the Application. Until the fee resolution is changed to provide for a certificate of survey, then it shall be the same as a sketch plan.

5. If the applicant desires to proceed, then they shall obtain the necessary insurance and bonds.

6. The applicant shall comply with providing covenants and restrictions for the certificate of survey set forth herein, except that since the property is zoned agricultural, the number of animals set forth in the covenants and restrictions will not be applicable. This will assure there is a mechanism in place to ensure that the roads are maintained in the future.

7. Once staff approves the proposed certificate of survey, then planning and zoning shall review the application and either recommend approval, denial, or conditional approval of the application and the certificate of survey. The matter will then go to the board of trustees who may accept the recommendation of planning and zoning, reject the recommendation, or conditionally approve the recommendation as the board of trustees may determine.

8. After approval, insurance and bonds are in place, then the applicant may begin construction on the improvements to the certificate of survey.

§ 13-434.1 Sketch Plan.

[Ord. No. 75 12-19-2006; amended 5-17-2011; amended 11-16-2021 §34]

A. Preliminary Steps. Before preparing the sketch plan or any written documents, plats or plans the subdivider should review these Regulations and discuss with the planning and development administrator or their representative the procedures for the adoption of a subdivision plat and the general requirements regarding the insurance requirements, the bond requirements, the layout of streets, reservations of land, street improvements, drainage, sewerage, water supply, flood hazard area, fire protection, the availability of services and all other matters regarding the proposed plat.

B. Purpose. The purpose of the sketch plan is to provide the subdivider, the planning and zoning commission, and the town an opportunity to identify any problems concerning the proposed land use, general design, general character of the surrounding area, the overall approaches to installation of improvements, and other valuable information before the expenditure of large amounts of money and manpower in the preparation of more detailed platting documents. This step in the overall subdivision process is very important because it is at the initial part of the process when decisions are to be made that can have great value for the fulfillment of the comprehensive plan. It is important that all of the land impacted, including adjacent property, trafficways and easements, be included in the sketch plan so that an overview of an entire area can be accomplished.

C. The initial sketch plan shall contain:

1. The name of the proposed subdivision, including the town, county and state;

2. The boundary and complete written legal description of the proposed subdivision;

3. A legible map drawn relatively close to scale, including the north point and date;

4. The general layout of the proposed lots, blocks and streets;

5. Dimensions of all lots in feet and/or acres;

6. The location and description of any land to be dedicated or reserved for parks, schools, churches, streets, or other public, quasi-public, or private areas;

7. Location of areas subject to flooding or any other impairment to health or safety of citizens within the boundaries of the proposed subdivision;

8. Location of existing bodies of water, water-courses, structures, and other physical features relating thereto;

9. Location of all oil and gas wells and/or facilities, including but not limited to tank batteries, storage facilities, and all other oil and gas related activity within 660 feet from the perimeter of the proposed development;

10. Location of all plugged oil and gas wells. No structure shall be built within 50 feet radius from any plugged oil and gas well;

11. The location of any cul-de-sacs and easements to be reserved across that portion of each lot which would allow the road to be extended at a later date; and

12. The location of any half-streets and the easement across the adjacent property that will provide for future completion of the street.

D. Once the initial sketch plan has been approved by staff, then an application can be made for the proposed subdivision.

E. Sketch Plan Application. The applicant shall submit to the town, on both computerized format (as specified by the town) drawn to scale and no less than seven paper copies of the proposed sketch plan no less than 45 days before the date of the planning and zoning commission meeting at which consideration is requested. The application shall contain:

1. The name of the proposed subdivision, including the town, county and state;

2. The purpose of the proposed subdivision;

3. Names, addresses, email, and telephone numbers of all owner(s);

4. Names, addresses, email, and telephone numbers of all subdivider(s);

5. Names, addresses, email, and telephone numbers of all agents of either the owner(s) or the subdivider(s);

6. Names, addresses, email, and telephone numbers of the firm and/or person responsible for the subdivision design;

7. The boundary and complete written legal description of the proposed subdivision;

8. The area of proposed subdivision in acres;

9. A legible map drawn relatively close to scale, including the north point and date;

10. The general layout of the proposed lots, blocks, and streets;

11. Dimensions of all lots in feet and/or acres;

12. The location and description of any land to be dedicated or reserved for parks, schools, churches, streets, or other public, quasi-public, or private areas;

13. Location of areas subject to flooding or any other impairment to health or safety of citizens within the boundaries of the proposed subdivision;

14. Location of existing bodies of water, water-courses, structures, and other physical features relating thereto;

15. Location of all oil and gas wells and/or facilities, including but not limited to tank batteries, storage facilities, and all other oil and gas related activity within 660 feet from the perimeter of the proposed development;

16. Location of all plugged oil and gas wells. No structure shall be built within 50 feet radius from any plugged oil and gas well;

17. The location of any cul-de-sacs and easements to be reserved across that portion of each lot which would allow the road to be extended at a later date;

18. The location of any half-streets and the easement across the adjacent property that will provide for future completion of the street;

19. A statement indicating whether the development is one phase of a proposed multi-phased project; and

20. A verified statement that the information contained and being provided to the town is true and correct to the best of their knowledge and belief, which is signed by all owners of the property, all subdividers and the firm and/or persons responsible for the design of the subdivision.

F. Attachments to application:

1. Copy of the filed deed with book and page number; and

2. Any other information that the town deems relevant.

G. Time Limitations. Unchanged sketch plans shall be valid for a period of one year from the date the plan is accepted as consistent with the comprehensive plan by the planning and zoning commission.

H. All sketch plans must be accepted before the preliminary plat will be considered by the planning and zoning commission.

§ 13-435 Preliminary Plat.

[Ord. No. 75 12-19-2006; amended 5-17-2011; amended 11-16-2021 §35]

A. Purpose. The preliminary plat is intended to allow the developer to present detailed plats and improvement plans for review and approval by the planning and zoning commission and the town board of trustees.

B. Application. The applicant shall submit to the town, on both computerized format (as specified by the town) and no less than five paper copies of the proposed preliminary plat no less than 45 days before the date of the planning and zoning commission meeting at which consideration is requested. The application shall contain:

1. The name of the proposed subdivision, including the town, county and state;

2. The boundary and complete written legal description of the proposed subdivision prepared by a licensed surveyor or engineer;

3. The area of proposed subdivision in acres;

4. Names, addresses, emails, and telephone numbers of all owner(s);

5. Names, addresses, emails, and telephone numbers of all subdivider(s);

6. Names, addresses, emails, and telephone numbers of all agents of either the owner(s) or the subdivider(s);

7. Names, addresses, emails, and telephone numbers of the firm and/or person responsible for the subdivision design;

8. If the preliminary plat is not provided simultaneous with or subsequent to a rezoning request, the applicant must provide the names and addresses of all the property owners of record within 300 feet of the boundaries of the land wherein the proposed plat is being requested;

9. Reference to any separate instruments filed or recorded which directly affect the land being subdivided; and

10. A verified statement that the information contained and being provided to the town is true and correct to the best of their knowledge and belief, which is signed by all owners of the property, all subdividers and the firm and/or persons responsible for the design of the subdivision.

C. A preliminary plat containing the information in the sketch plan and the following:

1. The date, map scale (written and graphic), north point;

2. Ground elevations shown by contour lines and vertical intervals not exceeding two feet; elevation marked on such contours shall be based on a datum plan established by the Town of Slaughterville, Oklahoma:

a) Including proposed detention ponds, ditches, channels, using two-foot contour lines, etc.; and

b) A filed copy of the Notice of Intent for storm water discharges associated with industrial activity under a NPDES General Permit form for the EPA.

3. The location of the property to be subdivided in relation to section line roads, county/town boundaries, any adjoining subdivisions and dedicated streets;

4. The location and description of any land to be dedicated or reserved for parks, schools, churches, streets, or other public, quasi-public, or private areas;

5. Dimensions of all lots in feet and in acres, including lots and blocks within the subdivision;

6. All setback lines with dimensions;

7. Lot and block numbers in logical sequence;

8. Locations, names and dimensions of all proposed streets, alleys, rights of way and proposed and existing easements including, but not limited to, right-of-way, utilities, pipeline, communication towers, oil well facilities, etc., within the subdivision;

9. Street names, paving plans for all roadways, and proposed traffic control signage;

10. Information contained in § 13-445 temporary dead-end street;

11. Documentation establishing any easements to provide for the completion of proposed half-streets, as required by § 13-443J and K;

12. Location of areas subject to flooding or any other impairment to health or safety of citizens within the boundaries of the proposed subdivision, showing regulatory flood elevations, boundaries of floodplains and floodways, fills, flood protection works and areas subject to special deed restrictions and FEMA FIRM numbers and effective date;

13. Location of existing bodies of water, water-courses, structures, tree masses, archeological sites, environmental sites, geological sites, and other physical features relating thereto;

14. Proposed ingress/egress into the subdivision;

15. Location and description of all section lines, section corners, benchmarks, and other government survey monuments in or near the subdivision to at least one of which the subdivision shall be referenced;

16. The location of all plugged oil and gas wells. No structure shall be built within 50 feet radius from any plugged oil and gas well;

17. Profile sheets on all streets and sewage disposal systems, if any; with profiles to be drawn at scale 1"= 50' horizontal and 1"=10' vertical with plan shown above; and

18. Proposed certificates for signature from the following:

a) Planning and zoning commission;

b) Town of Slaughterville, Oklahoma;

c) Owner's certificate and dedication to the homeowner's association or to the property owners;

d) Acceptance of easements and dedications by the Town of Slaughterville (with the exception of the roads, which must be dedicated to the homeowner's association or the property owners if an association does not exist);

e) Licensed land surveyors and/or engineers certificate, signed and sealed;

f) County Treasurer's certificate;

g) If the town requires the same, then the Department of Environmental Quality certificate regarding requirements for sewage and water for the proposed subdivision;

h) The name and seal of registered engineer or licensed land surveyor who prepared the boundary survey and topographic information, if different; and

i) The name of the planner, engineer, landscape architect and/or surveyor who prepared the plat.

D. Attachments to the preliminary plat:

1. Proposed covenants and restrictions which comply with the terms of this ordinance;

2. List of utilities that will serve the subdivisions including electric, gas, and water, as applicable; and

3. A separate plat map(s) showing:

a) Location of plugged oil and gas wells;

b) Location of existing utilities structures, including but not limited to electric lines, towers and underground pipelines or cables;

c) Proposed changes to the existing terrain to provide for storm water drainage, erosion and sediment control, using two-foot contour lines, etc. supporting the drainage, erosion and sediment control improvement plan;

d) A filed copy of the Notice of Intent for storm water discharges associated with industrial activity under a NPDES General Permit form for the EPA;

e) Improvement plans as required by § 13-436 of these regulations; and

f) Estimated anticipated costs for maintaining the common property by the homeowner's association as required in § 13-472.

E. Review by Planning and Zoning Commission. The planning and zoning commission shall review the preliminary plat and make a recommendation to the town board of trustees. The recommendation shall be either, approval, disapproval, or conditional approval.

F. Approval Period. The approval or conditional approval of a preliminary plat shall be effective for a period of one year from the date of town board approval, at the end of which time, unless a final plat on the subdivision shall have been submitted to the planning and zoning commission, the preliminary plat shall be considered null and void. In such cases, the subdivider shall be required to re-submit a sketch plan or preliminary plat as determined by the town for the subdivision. In reviewing a plat which has been re-submitted by reason of being voided by the passage of time, the planning and zoning commission shall not be bound by a previous approval.

G. Sectionalizing Subdivision Plats. Prior to approval of a final plat, the planning and zoning commission may permit the preliminary plat to be divided into two or more phases and may impose such conditions upon filing of the final plats for all phases as it may deem necessary to assure the orderly development of the plat.

H. Conditional Approval Provisions. The planning and zoning commission or the town board of trustees may elect to place conditions upon the approval of the preliminary plat, and may stipulate the requirements for satisfaction of such conditions. In addition, either body may conditionally approve a preliminary plat which is submitted for consideration, without complete improvement plans, in order to expedite the review process. Such conditional approval shall be given only when the subdivider provides written assurance of plan submission within a specified period of time, which allows the adequate review of said plans prior to consideration of the final plat. If approval is conditional, then the planning and zoning commission may require the submission of a revised preliminary plat, prior to consideration of a final plat.

§ 13-436 Improvement Plans.

[Ord. No. 75 12-19-2006; amended 5-17-2011; amended 11-16-2021 §36]

A. Improvement Plans Required. The owner or subdivider shall, at the time of his submission of the preliminary plat to the planning and zoning commission, also include at least four copies of the improvement plans required by these subdivision regulations. Improvement plans shall include, but not be limited to, plans for temporary or permanent changes to the land for the following:

1. Trafficways plan, addressing:

a) Street and road paving and design;

b) Pedestrian ways, bicycle paths and any other trafficways;

c) Parking lots with lines and dimensions meeting with ADA standards (if applicable);

d) Signage; and

e) Easements, including information contained in §§ 13-443 and 13-445.

2. Utilities plans, addressing the installation and maintenance of the utility and the establishment of any necessary easements:

a) Water system plan, addressing:

1) Method of water delivery to each lot or unit in the subdivision; and

2) Location of any fire hydrants, all water supply improvements and the boundary lines of the areas proposed to be served, as provided herein.

b) Sanitary sewerage plan, covering the method for collection and disposal of sewerage for each lot or unit in the subdivision.

c) Specific plans for any other utilities to be installed or initiated by the subdivision developer.

3. Drainage, erosion and sediment control plan, addressing:

a) Storm water drainage, including any detention ponds, ditches or other storm water channels;

b) The method for controlling erosion and accumulation of sediment resulting from storm water drainage;

c) Any expected impact on adjacent or downstream properties and

d) Drainage easements.

4. Landscaping plans, addressing:

a) Natural resource preservation, including tree coverage;

b) Proposed changes to any existing bodies of water, water-courses, structures, tree masses, archeological sites, environmental sites, geological sites, and other physical features relating thereto;

c) Fencing and screening;

d) Formal landscaping and plantings; and

e) Landscape maintenance.

5. Any other plans required by town officials.

B. Specifications. Unless waived by town officials, plans shall be drawn at a scale reflected in Tit. 11 O.S. §41-108, and shall include:

1. Plans and profiles showing the locations and typical cross-section of proposed street and parking lot improvements, including any curbs, gutters/drainage, and sidewalks, where applicable;

2. The location, size, profile and invert elevations of proposed sanitary sewers, including manholes, where applicable;

3. The location and size of proposed water mains, valves, fittings and fire hydrants, including service taps underneath proposed streets, where applicable;

4. The location and design of drainage structures, easements or rights-of-way dedicated to the public, including typical cross-sections of all channel improvements and a site grading plan; improvement plans shall be accompanied by drainage calculations in accordance with the adopted standards and regulations for drainage improvements; and

5. The location of all existing or proposed easements and rights-of-way and a typical cross-section of the proposed utility installations within said easements;

C. Improvement plans will show compliance with the following provisions:

1. Stands of existing trees, specifying their locations on the property, as they are to be preserved upon project completion, shall be shown on the improvement plans.

2. The projected sequence of work shall be shown.

3. Development shall be accomplished so as to minimize adverse effects upon the natural or existing topography and soil conditions and to minimize the potential for erosion. No site shall be graded except in accordance with state or federal foundation standards, as well as parking and drainage requirements of this ordinance.

4. Plans for development shall minimize cut and fill operations, and utilize the natural features of the land as much as possible.

5. During construction, adequate protective measures shall be provided to minimize damage from surface water to the cut face of excavations or the sloping surfaces of fills.

6. Fills shall not encroach upon natural watercourses, their floodplains or constructed channels in a manner so as to adversely affect other properties.

7. Alteration of land in existing developed areas shall be conducted in such a manner that changes in patterns of natural drainage shall not adversely affect other landowners.

8. No construction materials or construction by-products shall be discarded in any drainageway or stream.

9. Land shall be developed in increments of workable size which can be completed during a single construction season. Erosion and sediment control measures shall be coordinated with the sequence of grading, development and construction operations. Control measures such as hydro-seeding, berms, interceptor ditches, terraces and sediment traps shall be put into effect prior to the commencement of each increment of the development and construction process.

10. Existing trees shall not be cut or otherwise damaged or destroyed within portions of property to be used for required open space, setback or buffer requirements of the zoning ordinance of the Town of Slaughterville, Oklahoma; and in cases where retention of natural trees would create unusual hardship or development problems in open space, setback and buffer areas, planted trees may be required in lieu of preserving existing trees.

11. No concrete, asphalt or other impervious material paving within the tree crown zone of trees to be preserved shall be allowed.

12. Soil and other materials shall not be temporarily or permanently stored in locations which would cause suffocation of root systems of trees to be preserved.

D. Preparation of Plans. Improvement plans shall bear the seal of an engineer registered in the State of Oklahoma and shall be verified as true and correct under the penalty of perjury.

§ 13-437 Final Plat.

[Ord. No. 75 12-19-2006; amended 5-17-2011; amended 11-16-2021 §37]

A. Purpose. The purpose of the final plat is to create a record document which accurately describes the subdivided land, both as to accurate dimensions, and as to legal provisions which are pertinent to the subdivision. Much of the reason for this step is to make the transfer of the land more simple and certain. Land sales by reference to a legally filed plat are generally less complicated. The certainty of such sales derives from the assurance of an accurate survey and processes designed to assure the provision of facilities necessary to service the land. A certificate of approval will be placed on each copy of the final plat for the signatures of the chairman of the planning and zoning commission as well as the mayor for the town.

B. Application. Following approval of the preliminary plat by the planning and zoning commission and the town board of trustees, the owner or subdivider shall file a written application for final plat approval. The application shall be made on forms available in the office of the town clerk; and comply in all respects with the requirements for the preliminary plat and improvement plans, as approved by both the planning and zoning commission and the town board of trustees.

C. The final plat application shall be accompanied by at least four prints of the proposed plat, drawn to scale, as many computerized format disks as the town deems necessary, and either one original linen tracing or a reproduction original of stable polyester base (or stable polyester base film) with the following information:

1. Boundary Traverse Closure. Certified boundary traverse closure data, based on the engineer’s calculations thereof, shall be provided to the office of the town clerk at the time of submission of the final plat.

2. Specifications. Final plats submitted to the planning and zoning commission shall be neatly drawn in accordance with the guidelines specified in Tit. 11 O.S. §41-108 at a scale of 100 feet to one inch (tracts of land in excess of 40,000 square feet may be platted at a scale of 200 feet to one inch), from an accurate survey; the plat shall be prepared on sheets whose dimensions are 24 inches by 36 inches, or which can be folded to these dimensions. The plat shall have a binding margin of two inches on the left side, and minimum margins of one inch on the right side and 1½ inches at the top and bottom. The final plat shall bear, or be accompanied by the following information or materials:

a) Title Data.

1) Name of the subdivision;

2) Name of the town, county and state and

3) Location and description of the subdivision, referenced to section, township and range.

b) Margin Data.

1) Map scale, north point arrow and date;

2) Names and addresses and email of the developer and the engineer and/or surveyor;

3) A location map which is also known as a key map (on the first sheet in a plat series) showing the location of the subdivision referenced to government section corners, section line and major streets; when more than two sheets are required for the plat, the key map shall show the sheet number of the sheet for the area included on the sheet;

4) Owner’s certificate and dedication signed by all owners and notarized;

5) Surveyor’s certificate or survey, signed and his seal;

6) Certificate for release of mortgage for any portion dedicated to the public, or private association, signed by the mortgage company;

7) The consent of the mortgage company to the plat restrictions, duly signed by the authorized representative;

8) Reference to any separate instruments, including restrictive covenants, filed in the office of the county clerk, which directly affect the land being subdivided;

9) County treasurer’s certificate, for signature;

10) Approval certificate of the planning and zoning commission (and the date) over the signature of the planning and zoning commission chairman;

11) Certificate of the town board of trustees' acceptance of ways, easements and public land dedications;

12) Certificate of Department of Environmental Quality (DEQ) approval, where sanitary sewers are not proposed, signed by the authorized representative;

13) Bonded abstractor's certificate, for signature;

14) Complete legal description;

15) Curve data, if applicable;

16) Information contained in § 13-443 pertaining to half-streets and § 13-445, pertaining to temporary dead-end streets;

17) Location of all plugged oil and gas wells. No structure shall be built within 50 feet radius from any plugged oil and gas well;

18) The location of all monuments and markers shall be included on the final plat, including existing monuments and markers; and

19) Any other information required by town officials.

c) Existing and Proposed Conditions.

1) The length of all required lines, dimensioned in feet and decimals thereof, and the value of all required true bearings and angles, dimensioned in degrees and minutes, as herein specified.

2) The boundary lines of the land being subdivided, fully dimensioned by lengths and bearings, and the location of boundary lines of adjoining lands, with adjacent subdivisions identified by official names.

3) The lines of all streets, fully dimensioned by lengths and bearings or angles.

4) The lines of all alleys; where the length or direction of an alley is not readily discernible from data given for lot and block lines, the length and bearing shall be given.

5) The widths and names, where appropriate, of all streets and alleys, and of all adjacent streets, alleys and easements, which shall be properly located.

6) The lines of all lots, fully dimensioned by lengths and bearings or angles, including acres and size in feet.

7) The outline of any property which is offered for dedication to public use, or green spaces fully dimensioned, clearly identified and marked, and separately numbered or lettered.

8) Blocks numbered consecutively throughout the entire subdivision and the lots numbered consecutively throughout each block, with areas to be excluded from platting marked "reserved" or "not a part".

9) The location and dimensions of all building lines, setback lines and easements, including but not limited to, public right-of-way, utilities, pipeline, oil well facilities, communication towers, etc., with dimensions showing their location.

10) The radii, arcs, points of tangency, points of intersection and central angles for curvilinear streets and radii for all property returns.

11) The location and description of all section corners and permanent survey monuments in or near the tract. Reference to two known survey control points shall be shown by angle and distance.

12) Plats containing floodplain areas shall include all information required on the preliminary plat, including, but not limited to, regulatory flood elevations, boundaries of flood-prone areas, fills, flood protection works and areas subject to special deed restrictions, as well as complete designation of floodplain and floodway boundaries, with FEMA FIRM numbers and effective date.

13) All reserved or restricted areas shall be clearly identified, including what type of restriction is made therein.

d) Attachments:

1) Final plans for any sanitary sewers, with grading, pipe sizes and points of discharge.

2) Final plans for drainage systems, with grading, impacting, storage and regulating structures, pipe sizes and location of outlets.

3) Final plans for any water supply and distribution system, with pipe sizes and location of hydrants.

4) Two hard copies and as many computerized formatted copies as the town deems necessary of proposed restrictive covenants, reservations, dedications, bylaws of any homeowner's association or other proposed restrictions or covenants pertaining to the subdivision, including private restrictions and trusteeships and their length of existence.

5) One set of "record plans" for any improvements already completed.

6) Road paving and design plans.

7) A separate plat map showing the soil analysis, sewage percolation tests on each and every lot within the subdivision including placement of water wells, if any.

8) Estimated anticipated costs for maintaining the common property by the homeowner's association as required in § 13-472 of this ordinance.

9) All other attachments deemed necessary by the town.

e) The final plat and all accompanying documents shall be delivered to the town clerk, not less than 45 days prior to the meeting date at which the plat is to be reviewed.

D. Resolution. Whenever the subdivider presents to the planning and zoning commission the final plat and improvement plans, and the planning and zoning commission finds that the final plat and improvement plans meet all the requirements of these regulations and the town's ordinances, or after revisions that were agreed upon by the applicant and the planning and zoning commission have been made to the final plat documentation, the commission shall approve the final plat and improvement plans by placing a certificate of approval upon each copy of the plat and plans. Such certificate of approval shall bear the signature of the chairman of the planning and zoning commission and shall provide that the approval given thereby does not constitute approval for purposes of recording.

E. Review by Planning and Zoning Commission. The planning and zoning commission shall review the final plat and make a recommendation to the town board of trustees. The recommendations shall be either approval, disapproval, or conditional approval. All actions of the planning and zoning commission approving final plats shall be deemed only an authorization for the subdivider to submit the plat to the town board of trustees for review and approval or denial. Planning and zoning commission approval shall not constitute an acceptance of dedications. The planning and zoning commission's review shall be in accordance with the following provisions:

1. The final plat of the proposed subdivision shall be submitted to the planning and zoning commission for final approval within one year of the date on which the preliminary plat was approved by the town board of trustees. If not submitted for final approval within such time, the plat shall be considered as having been disapproved unless the planning and zoning commission agrees to an extension of time.

2. The planning and zoning commission shall act upon the final plat within 90 days after it has been submitted to the town for final approval. If no action on the final plat has been taken within the above specified time, and the applicant does not agree to an extension of time for action, the plat shall be deemed to have been disapproved.

3. If the plat conforms to all of the requirements provided herein, one copy of the final plat shall be forwarded to the town board of trustees for its review, along with the written recommendation of the planning and zoning commission and the signature of the chairman of the planning and zoning commission on the approved plat.

4. No vested rights shall accrue to any plat by reason of preliminary or final approval, until the actual signing of the final plat by the mayor. All requirements, conditions or regulations adopted by the planning and zoning commission, applicable to the subdivision (or on all subdivisions prior to the time of signing of the final plat by the chairman of the planning and zoning commission) shall be completed prior to submission of the plat to the board of trustees. Where the planning and zoning commission has required the installation of improvements prior to signing of the final plat, said commission shall not unreasonably modify the conditions set forth in the final approval.

F. Town Board of Trustees' Review. The town clerk shall be responsible for placing the subdivision on the agenda of the town board of trustees and providing notice of said date to the applicant. The town board of trustee's review of said subdivision shall be in accordance with the following provisions:

1. The town board of trustees shall approve or disapprove the final plat and notify the subdivider of its action.

2. After final approval of the plat and the affixing of all required signatures on the original tracing, the subdivider shall provide the town with two hard copies, dark-line prints thereof and file with the town clerk one electronic copy, and one contact reproducible tracing. The applicant shall file the original tracing and as many copies as the county clerk deems appropriate with the Cleveland County Clerk.

G. Approval Period. The final plat shall be filed in the office of the Cleveland County Clerk within one year after final approval by the town board of trustees if not filed within such time, said approval shall be considered null and void.

§ 13-438 Approval.

[Ord. No. 75 12-19-2006; amended 5-17-2011 §38]

A. Plat Approval. For all cases wherein these subdivision regulations apply, a plat shall be drawn and submitted to the planning and zoning commission and the town board of trustees, for their approval or disapproval.

B. Acceptance of Dedications and Easements. All easements and areas dedicated to public use within the corporate limits of the Town of Slaughterville, Oklahoma shall be submitted to the town board for acceptance. The Town of Slaughterville does not have to accept any proposed dedications to the public. No easements or publicly-dedicated areas shall be effectively dedicated to the town or to the county until such easements or areas, as shown on the plat, have been submitted to, and reviewed and agreed to be accepted by the board of trustees, on behalf of Slaughterville and by the board of Cleveland County Commissioners.