(A) Variations and exceptions. Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in these regulations would result in substantial hardship or inequity, the Planning Commission my vary or modify, except as otherwise indicated, requirements of design but not of procedure or improvements, so that the subdivider may develop his or her property in a reasonable manner and so that, at the same time, the public welfare is protected and the general intent and spirit of these regulations is preserved. Such modification may be granted upon written request of the subdivider stating the reason(s) for each modification and may be waived by an affirmative vote of three-fourth of the membership of the Planning Commission.
(Prior Code, § 18-124)
(B) Violation and penalty.
(1) No building permit shall be issued for any new structure or change, improvement, or alteration of any existing structure on any tract of land which does not comply with all of the provisions of these regulations.
(2) Whoever, being the owner or agent of the owner, of any land within the area, transfers or sells or agrees to sell or negotiates to sell any land by reference to or exhibition thereof or by other use of a plat of a subdivision or a contract for deed or other instrument before such plat or deed or instrument has been approved by the Planning Commission and the Town Board or whoever, being the owner or agent of the owner of any parcel of ground, transfers or sells or agrees to sell or negotiates to sell any tract of land of less than then ten acres where such tract was not shown of record in the office of the County Clerk as separately owned at the effective date of the regulations here provided and not located within a subdivision approved according to law and filed of record in the office of the County Clerk or is so located, not comprising at least one entire lot as recorded, without first obtaining the written approval of the Town Board by its endorsement on the instrument of transfer or contract of sale or other agreement to transfer shall be subject to the penalties provided herein; such transaction shall be unlawful and shall not be recorded by the County Clerk.
(Prior Code, § 18-127)
(E) Forms for subdivision compliance. The following tables list the suggested form for compliance with subdivision regulation:
(1) Subdivision bond.
KNOW ALL MEN BY THESE PRESENT: That we, as PRINCIPAL and the undersigned Surety, are held and firmly bound unto the Town of Arapaho, Oklahoma, hereinafter called TOWN, in the full sum of DOLLARS ($), for the payment of which, well and truly made, we, and each of us, bind ourselves jointly and severally, by these present. Dated this ______ day of ________ 20______. The conditions of this obligation are such that: WHEREAS, PRINCIPAL has submitted to the town a preliminary plat for subdivision or a tract of land described as follows: AND, WHEREAS, PRINCIPAL has, pursuant to the regulations or ordinances of the Town of Arapaho, elected to file this bond in lieu of actual completion of improvements and utilities in the above subdivision. NOW THEREFORE, if the PRINCIPAL shall within two (2) years from date of approval of the final plat of the subdivision, faithfully install and complete improvements and utilities in the subdivision according to the regulations of ordinances, approved plans, specifications and subdivision rules and regulations of the TOWN and pay all bills for contractors, subcontractors, labor and materials incurred in completion thereof; and shall hold harmless and indemnify the TOWN and all interested property owners against liability, loss or damage by reason of failure of the PRINCIPAL to faithfully perform the conditions hereof, then this obligation shall be null and void, otherwise to remain in full force and effect; PROVIDED, however, that actions upon this bond by contractors, subcontractors, laborers or material men shall be limited to six (6) months from and after completion of the improvements and utilities above referred to. Signed, sealed and delivered the day and year first above written, ___________________________ Principal ATTEST: BY: ___________ __________ Secretary ATTEST: BY: ___________ __________ Secretary Approved as to form and legality this ________day of ________, 20______. ____________________ Town Attorney Approved by the Town Board of Trustees this ___________ day of ___________, 20______. ATTEST: ____________ _______________ Town Clerk Mayor
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(2) Owner’s certificate and dedication.
We, __________________, the undersigned, do hereby certify that we are the owners of and the only persons having any right, title, or interest in the land shown on the annexed map of ____________________, and that the plat represents a correct survey of the above described property made with our consent, and that we hereby dedicate to the public use all the streets as shown on said annexed map; that the easements as shown on the annexed map are created for the installation and maintenance of public utilities; that we hereby guarantee a clear title to all lands so dedicated from ourselves, our heirs or assigns forever and have caused the same to be released from all encumbrances so that the title is clear, except as shown in the abstractor’s certificate. RESTRICTIONS: (if any follow here)
Witness ____________ hand _____________ this ______ day of ________, 20____. (ACKNOWLEDGMENT) |
(3) Surveyor’s certificate.
I, ________________, the undersigned, do hereby certify that I am by profession a land surveyor of civil engineer and that the annexed map of ______________ consisting of _____________ sheets, correctly represents a survey made under my supervision of the ________ day of _______, 20_____ and that all of the monuments shown hereon actually exist and their positions are correctly shown. Signature Name: __________________________________ Address: ________________________________ License #: _______________________________ (ACKNOWLEDGMENT) |
(4) Planning Commission approval.
Chairman/Secretary of the Planning Commission of the Town of Arapaho, Oklahoma, hereby certify that the said Commission duly approved the annexed map of on the ________ day of ________, 20_____. _____________ Chairman
ATTEST: ______________ Secretary |
(5) Acceptance of dedication by Town Board.
BE IT RESOLVED by the Town Board of Trustees of the Town of Arapaho, Oklahoma that the dedications shown on the attached plat of ______________ are hereby accepted. Adopted by the Town Board this ____________ day of __________, 20_____. _____________ Mayor ATTEST: _____________ Town Clerk |
(6) Certificate of percolation test. These are applicable where septic tanks are to be used.
I, ____________, registered engineer in the State of Oklahoma, certify that a soil survey has been completed by (name of testing laboratory) on (date) and that this test shows that soil to be sufficiently porous to permit septic tanks for each lot shown on the plat. _____________ Signature _____________ Name and Title |
(7) Release of mortgage.
In consideration of the platting of the property shown on the annexed map of _______________________ Addition, and other good and valuable considerations, receipt of which is hereby acknowledged, _________________ do hereby release, relinquish, and forever discharge a certain mortgage made by _____________ and dated the_________day of _________, 20_____, to ___________ which is recorded in the Book ______________ of Mortgages at Page of the records of ______________ County, State of Oklahoma, insofar as the same covers all property dedicated for streets, alleys, parks, boulevards, easements of public use, as shown on said map. Witness ____________ hand _________ this _______ day of ___________, 20_____. __________________ Signature __________________ Name and Title (ACKNOWLEDGMENT) |
(8) County Treasurer’s certificate.
I, ________________, do hereby certify that I am the duly elected, qualified and acting county treasurer of _________ County, State of Oklahoma. That the tax records of said county show all taxes are paid for the year __________ and prior years on the land shown on the annexed plat of _______________ Addition in _____________ County, Oklahoma; that the required statutory security has been deposited in the office of the County Treasurer, guaranteeing payment of the current year’s taxes. In witness whereof, said county treasurer has caused the instrument to be executed at __________________________, Oklahoma on this _________ day of _________, 20_______. ____________________ County Treasurer |
(Prior Code, § 18-128)