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(A) Purpose. A conveyance plat may be used solely for the purpose of subdividing land and the recording of same, or recording a single existing lot or parcel created by other means. A conveyance plat may be used to convey the property or interests therein; however, a conveyance plat does not constitute approval for development of the property and is not intended for immediate development. A conveyance plat is an interim step in the subdivision and development of land.
(B) Applicability. Conveyance plats may be used in lieu of a final plat to record the subdivision of property in the following instances:
(1) To record the remainder of a tract larger than five acres created by the final platting of a portion of the property provided that the remainder is not intended for immediate development.
(2) To record the subdivision of property into parcels five acres or smaller in size that are not intended for immediate development, and where all public improvements exist prior to approval and minimum frontage requirements are met. All public rights-of-way must be dedicated and all abutting streets and utilities must be installed and accepted by the city. Installation of on-site improvements may be delayed if development of other tracts is not affected.
(C) Application procedure and requirements.
(1) Application requirements. The property owner shall submit an application, together with other supporting documents and fees, to the Community Development Director by an official submittal date. A conveyance plat and associated documents shall include all information required for a final plat and the additional information listed below:
(a) Construction plans shall not be required except where street, utility and drainage improvements are proposed by the owner. Construction plans, easements, and dedications as appropriate shall be submitted concurrent with the conveyance plat or any subsequent replat. The construction plans, if any, shall be prepared by or under the supervision of a professional engineer registered in the State of Oklahoma and shall bear his or her seal on each sheet.
(b) All conveyance plats must be titled "Conveyance Plat" and carry the following wording:
"A conveyance plat is a record of property approved by the city for the purpose of sale or conveyance in its entirety or interests thereon defined. No building permit shall be issued nor permanent public utility service provided until a final plat is approved, filed of record and public improvements accepted in accordance with the provisions of the Subdivision Regulations of the City of Durant. Selling a portion of this property by metes and bounds, except as shown on an approved, filed and accepted conveyance plat, final plat or replat is a violation of the city Ordinance and State Law."
(2) Standard for approval.
(a) Access. All tracts, parcels, lots or sites created by a conveyance plat shall have frontage and access to an existing or proposed public street defined in the city's Comprehensive Plan or an existing standard street meeting city construction standards and accessing the existing city street system.
(b) Reservation of rights-of-way. Conveyance plats must provide for the reservation of future rights-of-way of planned roadways. Right-of-way reservation acknowledges the future obligation to dedicate right-of-way for public thoroughfares and streets specified in the city's Comprehensive Plan or approved land study. Reservation of right-of-way does not grant any right or interest in the property to the city or other entity. The final alignment may be adjusted upon final platting in order to meet engineering design standards.
(c) Dedication of rights-of-way. Dedication of right-of-way shall be required where a conveyance plat is used to record the remainder of a tract created by the final platting of a portion of the property. The required right-of-way dedication shall be limited to that which is necessary to provide access to the property proposed for final plat approval and to complete turn lanes, intersections and transitions in road pavement width resulting from development of the property proposed for final plat approval.
(3) Approval procedure. A conveyance plat meeting all requirements of the city may be placed on the consent agenda of the Planning Commission. Conveyance plats shall be approved provided they comply with all appropriate ordinances and the Comprehensive Plan. The Planning Commission must approve, conditionally approve or deny a conveyance plat no later than 30 days from the date of application. If denied, the Planning Commission shall provide a written explanation of the reason for denial. If the Planning Commission fails to approve or deny the application within 30 days of the official submission date, the conveyance plat shall be deemed approved. A conveyance plat qualifying as a minor plat shall be reviewed and acted upon by the Community Development Director in accordance with these regulations.
(4) Signing and filing.
(a) After the approval of the conveyance plat by the Planning Commission, and the correction of the conveyance plat as required by the Planning Commission, the property owner may file the conveyance plat with the county. The owner shall file the conveyance plat within six months from the date of approval. Any conveyance plat which has not been filed with the county within six months of the date of approval shall be void. Prior to filing with the county, the property owner may withdraw and void a conveyance plat. Any conveyance plat withdrawn and/or voided must be resubmitted under current regulations and procedures and reapproved by the Planning Commission and filed with the county. Prior to filing, the Chairman of the Planning Commission or the Community Development Director shall endorse approval of the conveyance plat. One copy of the recorded final plat shall be returned to the city within ten days of filing.
(b) No final plat processed and approved in association with a conveyance plat shall be filed without the concurrent filing of the associated approved conveyance plat.
(a) Conveyance plat approval and acceptance by the city does not relieve the owner from obligations, including fees, required by other sections of this or other ordinances of the city pertaining to the improvement of the property or extension of services as required to make the property suitable for development.
(b) Neither reservation nor dedication of right-of-way shall relieve the property owner from obligations for street construction or assessments associated with public street improvement programs. Easements for access, utilities and drainage may be recorded on conveyance plats.
(c) Final platting requirements.
1. No building permits shall be issued nor permanent utility service provided for land which has only received approval as a conveyance plat. Notwithstanding the above, the Community Development Director may authorize temporary building permits, temporary occupancy permits, and temporary utility service.
2. A conveyance plat may be superseded by a preliminary plat or final plat in total or in part through compliance with the procedures and requirements of this chapter.
(d) Agricultural use. The use of a conveyance plat shall not prohibit the use of the subdivided land for agricultural uses as permitted in the zoning regulations of the city.
(Ord. 1573, passed 11-13-07)