§ 156.043  PRELIMINARY PLAT.
   (A)   Purpose.  The purpose of the preliminary plat is to provide an interim step in the procedure at which point the subdivider shall present drawings of the detail features of the subdivision. It is at this point that the items discussed at the sketch plat stage and as set down herein are prepared in a form from which determinations can be made as to the technical workability of the development proposal.
   (B)   After the Planning Commission has approved the sketch plat, the subdivider may proceed with the preparation of the preliminary plat. After the subdivider has prepared the preliminary plat, he or she may take either of the following actions:
      (1)   He or she may present the preliminary plat and preliminary plat checklist to the Planning Commission and obtain approval thereof before proceeding with preparation of the improvement plans; or
      (2)   He or she may present the improvement plans and improvement plans checklist to the Planning Commission at the time the preliminary plat and preliminary plat checklist are presented.
   (C)   Whenever the subdivider presents to the Planning Commission a preliminary plat and preliminary plat checklist, without improvement plans, the Planning Commission may conditionally approve the preliminary plat, subject to Planning Commission approval of the improvement plans within six months following the preliminary plat conditional approval.
   (D)   After review of the preliminary plat, the Planning Commission shall, within 60 days of its submission, approve, conditionally approve or reject the plat. The subdivider shall be notified in writing of this action, together with any conditions of approval or the reasons for rejection.
   (E)   Whenever the subdivider presents to the Planning Commission the preliminary plat, preliminary plat checklist, improvement plans and improvement plans checklist and the Planning Commission finds that the plat and improvement plans meet all the requirements of these regulations, it shall approve the preliminary 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 Chairperson and Secretary of the Planning Commission and shall provide that the approval given thereby does not constitute approval for purposes of recording.
   (F)   Approval of the preliminary plat shall not in all cases entitle the subdivider to approval of the final plat. Upon preliminary approval, if any conditions arise which would cause the preliminary plat to become unsatisfactory due to health, safety or welfare of the community, the Planning Commission shall recommend that the final plat be rejected.
   (G)   Application procedure and requirements.  On forms approved by the city, the applicant shall file for approval of a preliminary plat, which conforms substantially with the sketch plat (if required) or alternate plan submitted by the applicant. The plat shall be prepared by or under the supervision of a registered public surveyor in the State of Oklahoma and shall bear his or her seal, signature and date on each sheet. The payment of all applicable fees shall be required at the time of submission.
      (1)   General application requirement.  Copies of the proposed preliminary plat shall be at a scale of one inch equals 100 feet or larger and in a form substantially as follows:
         (a)   The boundary lines with accurate distances and bearings and the exact location and width of all existing or recorded streets intersecting the boundary of the tract.
         (b)   True bearings and distances to the nearest established street lines and monuments, which shall be accurately described on the plat.
         (c)   Specific tree survey.
         (d)   The exact layout including:
            1.   Proposed street names.  Street names must be submitted to the Community Development Department for approval in accordance with the city's guidelines for naming streets. The Community Development Department will maintain an index of street names which will contain these guidelines. Street names and subdivision names are fixed at the time of approval of the preliminary plat. A fee, as set by the City Council by motion or resolution, will be charged to change street names and subdivision names after approval of the preliminary plat.
            2.   The length of all arcs, radii, internal angles, points of curvature, length, and bearings of the tangents.
            3.   All easements for rights-of-way provided for public services or utilities and any limitations of the easements.
            4.   All lot numbers and lines with accurate dimensions in feet and hundredths of feet and with bearings and angles to street and alley lines.
            5.   The location of the centerline of creeks or drainage ways should be tied with accurate dimensions in feet and hundredths of feet with bearings and angles. No unplatted remainder will be allowed between property boundaries and centerlines of creeks.
         (e)   The accurate location, material, and size of all monuments approved by the City Engineer.  Horizontal and vertical control data shall be established for a minimum of two corners of the subdivision or addition. One inch iron rods shall be set at all block corners, angle points, points of corners, and points of tangents. One-half inch iron rods shall be set at all other lot corners.
         (f)   The accurate outline of all property which is offered for dedication for public use with the purpose indicted thereon, and of all property that may be reserved by deed covenant for the common use of the property owners in the subdivision or addition.
         (g)   Building setback lines for residential properties.
         (h)   Special restrictions including, but not limited to, drainage and floodway, fire lanes, and screening.
         (i)   Proposed name of the subdivision or addition. The name shall not duplicate, be the same in spelling or alike in pronunciation with any other recorded subdivision.
         (j)   Names of adjacent subdivisions.
         (k)   Name and address of the property owner, the owner's surveyor, and the owner's engineer.
         (l)   North point, scale, and date.
         (m)   Legal description according to the real estate records maintained by the County Clerk's office and area calculations.
         (n)   Location by section, town, range, township, county and state.
         (o)   Additional documents necessary for dedication or conveyance of easements or rights-of-way, as required by the city. The city may, in some instances, require the conveyance of fee simple title for certain rights-of-way.
         (p)   Entry easements to allow city inspectors to enter the property being platted for the purpose of inspecting the construction of the public improvements.
         (q)   Important features such as existing permanent buildings:
            1.   Large trees and water courses;
            2.   Parks and other public lands;
            3.   Railway lines;
            4.   Existing public easements;
            5.   Oil and gas lines or wells as shown on the records of the Oklahoma Corporation Commission (including abandoned or gas or oil wells and dry holes which remain unplugged).
            6.   Existing utilities including sewer, water mains, culverts and other underground structures within the tract or immediately adjacent thereto, showing pipe sizes and grades indicates;
            7.   Contours at intervals of two feet which are referenced to USGS data; and
            8.   Any other relevant feature necessary for a full and complete understanding of the proposed subdivision.
         (r)   Title of document and a vicinity sketch drawn to a scale of a maximum of 2,000 feet to the inch.
         (s)   Copies of any private restrictions to be included in the deeds shall be attached to the preliminary plat.
         (t)   Regulatory flood boundaries, and the ten-year flood boundaries.
      (2)   Other required documents and information to be filed with preliminary plat.
         (a)   Proposed covenants and deed restrictions, if any.
         (b)   Source of water supply.
         (c)   Provisions for sewage disposal.
         (d)   Construction plans.
      (3)   Standards for approval.  No preliminary plat shall be approved by the Planning Commission or by the City Council unless the following standards have been met:
         (a)   The plat substantially conforms with the approved sketch plat or other study as provided in these regulations.
         (b)   The construction plans have been reviewed by the City Engineer.
         (c)   Provision for installation and dedication of public improvements has been made.
         (d)   The plat conforms to applicable zoning and other regulations.
         (e)   The plat meets all other requirements of these regulations.
      (4)   Timing of public improvements.
         (a)   1.   The Planning Commission may require that all public improvements be installed, offered for dedication, and ready for acceptance by the city prior to the signing of the final plat by the Chairman of the Planning Commission.
            2.   The Planning Commission may permit or require the deferral of the construction of public improvements if in its judgment, deferring the construction would not result in any harm to the public, or offer significant advantage in coordinating the site's development with adjacent properties and off-site public improvements. Any required public improvement(s) approved for deferred construction must be provided for as required prior to the approval of the final plat.
         (b)   If the Planning Commission does not require that all public improvements be installed, offered for dedication and accepted by the city prior to signing of the final plat by the Chairman, it shall require that the applicant execute an improvement agreement and provide security for the agreement as provided in those regulations.
         (c)   This procedure shall also apply to the approval of a final plat if the preliminary plat is omitted.
      (5)   Approval procedure.  After review of the preliminary plat, the report and recommendations of the Community Development Director concerning the land study and the application, the report and recommendation of the City Engineer on the construction plans, and any exhibits submitted at a public meeting, the applicant shall be advised of any required changes and/or additions. The Planning Commission shall approve or disapprove the preliminary plat. One copy of the proposed preliminary plat shall be returned to the owner with the date of approval, conditional approval or disapproval and the reasons therefor accompanying the plat if the Planning Commission disapproves the proposed preliminary plat, the applicant may execute an appeal in the manner prescribed in these regulations.
      (6)   Effect of approval.  Approval of a preliminary plat by the Planning Commission constitutes authorization for the City Engineer to release construction plans subject to his or her final approval and for the City Engineer to authorize for the property owner to commence grading of the site and construction of such public improvements as are required by the Planning Commission. Approval of a preliminary plat also authorizes the property owner, upon fulfillment of all requirements and conditions of approval, to submit for approval an application for final plat approval. Upon release of the construction plans, the City Engineer may, upon request of the applicant, issue a certificate indicating the construction plans have been released and construction of the improvement is thereafter authorized. Additional certificates may be issued by the City Engineer authorizing the construction of private utilities on a phased schedule. The certificate shall read as follows:
“The preliminary plat for (insert name of the subdivision or addition) as approved by the City of Durant Planning Commission on (insert date of approval) is authorized for use with engineering plans for the construction of public improvements as approved by the City Engineer. A final plat shall be approved by the Planning Commission upon the completion of all public improvements or the provision of a subdivision improvement agreement under the terms of the Subdivision Ordinance and submission of a final plat in compliance with Section 3.6 of the Subdivision Ordinance of the City of Durant.
Zoning regulations that affect exterior appearance of a single-family house or the landscaping of a single-family lot and that are adopted after approval of a preliminary plat for a single-family residential development, shall not apply for a period of two years from the latter of the date of plat approval or the date of the acceptance of public improvements related to the plat."
      (7)   Lapse of preliminary plat approval.  The approval of a preliminary plat shall be effective for a period of two years from the date that the preliminary plat is approved by the Planning Commission or the City Council, at the end of which time the applicant must have submitted and received approval for a final plat. If a final plat is not submitted and approved within two years, or an extension is not granted in accordance with these regulations, the preliminary plat approval shall be null and void, and the applicant shall be required to submit a sketch plat for review subject to the then existing zoning restrictions and subdivision regulations.
   (H)   Construction plan procedure and requirements.
      (1)   General application requirement. Construction plans shall be prepared by or under the supervision of a professional engineer or architect registered in the State of Oklahoma as required by state law governing such professions. Plans submitted for review by the city shall be dated and bear the responsible engineer’s or architect's name, serial number and the designation of "engineer," "professional engineer," or "P.E." or "architect" and an appropriate stamp or statement near the engineer's or architect's identification, stating that the documents are for preliminary review and are not intended for construction. Final plans acceptable to the city shall bear the seal and signature of the engineer or architect and the date signed on all sheets of the plans. Public works construction in streets, alleys or easements which will be maintained by the city shall be designed by a professional engineer registered in the State of Oklahoma.
      (2)   Construction plan review procedure. Copies of the construction plans, and the required number of copies of the plat shall be submitted to the City Engineer for final approval. The plans shall contain all necessary information for construction of the project, including screening wails and other special features. All materials specified shall conform to the design standards of the city. Each sheet of the plans shall contain a title block including space for the notation of revisions. This space is to be completed with each revision to the plan sheet and shall clearly note the nature of the revision and the date the revision was made. The City Engineer will release the plans for construction, after approval of the preliminary plat by the Planning Commission and payment of all inspection fees. Upon such release, each contractor shall maintain one set of plans, stamped with city release, on the project at all times during construction. This procedure shall also apply to approval of a final plat, if a preliminary plat is omitted.
      (3)   Failure to commence construction.  If construction has not commenced within one year after approval of the plans, resubmittal of plans may be required by the City Engineer for meeting current standards and engineering requirements. CONSTRUCTION shall mean installation of city maintained public improvements.
(Ord. 1573, passed 11-13-07)