A. Purpose: The purpose of providing for the processing of lot split plats is to facilitate the conveyance of simple property divisions while maintaining sound planning principles. The lot split process simply avoids the expense of platting. Those matters which shall be considered as lot splits shall be those which involve the dividing or redividing of a single parcel of land into not more than three (3) resulting parcels, and which dividing shall not involve the extension, opening, vacating, narrowing, or change of alignment of any thoroughfare, street, right of way, or easement. The determination of eligibility for processing of a lot split plat shall be made from the records of the ownership of property as of the date these regulations are adopted, or the date of any previous lot split, whichever is earlier. Once a parcel has been subdivided and results in a smaller parcel, the smaller parcel may not be the subject of a subsequent lot split plat except to the extent necessary to correct the area or shape of existing lots or to add area to existing lots, but in no event shall it result in additional building sites. All lots to be considered for lot split plats must comply with all other ordinances and regulations concerning subdivisions in the city. (Prior Code, Chapter 16, as amended)
B. Lot Split Plat Submittal: The applicant shall submit to the planning commission four (4) copies of the lot split plat and a completed one copy of the lot split plat checklist with all required documents, seven (7) days prior to the meeting at which consideration is requested. The planning commission shall act upon the lot-split plat within seventy (70) days of the first planning commission meeting where the plat is reviewed or the plat shall be considered to have been approved.
C. Conditions And Procedures: Consideration of lot split plats shall be permitted under the following conditions and procedures:
1. Submission of materials by the applicant to the secretary of the planning commission seven (7) days prior to the next regularly scheduled meeting. As a minimum these requirements shall include:
a. A deed on each tract with legal description to be approved.
b. Four (4) copies of a certified survey, prepared by a land surveyor registered in the state of Oklahoma, shall be submitted on the proposed tract and the resubdivision thereof. The survey shall show the following:
1. Each new tract being formed shall be labeled "Tract A, Tract B, or Tract C".
2. The legal description of the original tract of land and each new tract being created by the subdivision.
3. Scale, north arrow and date.
4. Name and address of the owner of record.
5. Key map showing the location of the reference to existing and proposed major streets and governmental section lines.
6. Location of existing buildings and dedicated streets at the point where they adjoin or are immediately adjacent to the lot split subdivision.
7. Length of boundaries of the tracts created measured to the nearest foot and proposed location and width of streets, alleys and easements and building setback lines where applicable.
8. Original signature and seal of the registered land surveyor preparing the plat of survey properly notarized.
c. One copy of the lot split checklist.
d. Deeds of tracts, parcels or lots bordering the proposed lot split subdivision if deemed necessary by the planning commission.
e. All instruments for the dedication or required public easements and rights of way shall be submitted. This shall mean, in cases where private easements are required, that the applicant must submit certified copies of the instrument(s) filed of record with the appropriate county clerk.
f. Percolation test results approved by the health department if applicable.
D. Improvements Required: The following requirements are mandatory for lot splits:
1. All Current Subdivision Regulations Met: All current subdivision regulations shall be met according to section 12-403 of this chapter, including all ordinances and regulations relating to the improvements of streets and the installation of water, sewer and drainage facilities, unless otherwise stated in these regulations.
2. Street Paving: The city shall require the installation of street paving in accordance with city standards with the application for a lot split, if the paving does not already exist, except that the planning commission and city council may vary that requirement when the following conditions exist:
a. A residential lot on an approved private road;
b. A residential lot on a hard surfaced, but not necessarily curbed, road;
c. A residential lot on an unpaved road when it is determined that the entire area is rural in nature and that paving should not be installed;
d. A residential lot on an approved public street; or
e. When it would be impractical to require paving because the property is abutting a street included within an approved street bond program or where such paving can be best accomplished through an assessment district.
3. Sanitary Sewer: Upon application for a lot split, the city shall require the extension and installation of sanitary sewer lines as required in sections 17-326 through 17-331 of this code. If a subdivided tract, parcel or lot is not in conformance with the above mentioned sections, a septic system may be utilized under the following conditions:
a. Approved percolation test results by the county health department.
b. The septic system shall be installed and inspected in accordance with the state health department regulations.
4. Lot Size: Tracts, parcels or lots must meet the lot width, and area requirements of the particular zoning district in which it is located. However, the following subsections will take precedence, when they can be applied:
a. Agricultural and residential property must have a minimum of one hundred feet (100') of frontage and eighty seven thousand one hundred twenty (87,120) square feet of area when the lot(s) submitted for deed approval gains its primary access from an arterial road.
b. The lot is serviced by public water/septic systems - minimum twenty two thousand five hundred (22,500) square feet.
c. The lot is served by private water well/septic system - minimum thirty five thousand (35,000) square feet or as otherwise required by "Septic Tank and Subsurface Tile Systems", bulletin no. 600, Oklahoma state department of health.
a. Approval of water well drilling by the health department must be secured.
b. The tract, parcel or lot must meet the locational criteria and health department criteria if water well and septic tank are both used.
E. Review Of Materials: Review of the materials received by the administrative staff and transmittal to the planning commission at least seven (7) days prior to consideration at the next regular meeting of the planning commission.
F. Consideration By The Planning Commission: If the application is approved, it shall be certified by the signature of the chair of the planning commission and attested by the secretary. If the application is denied the reasons for denial shall be stated in writing, with reference made to the express provisions of the regulations to which the application does not conform, and shall be transmitted to the applicant. (Prior Code, Chapter 16, as amended; amd. Ord. 1991-17, 9-19-1991; Ord. 1994-14, 5-19-1994; Ord. 1994-28, 12-1-1994)