(A) Generally. The purpose of a minor subdivision plat is to provide a limited means for simple land division under certain circumstances, which result in minimal lot creation. In agreement with the intent of this chapter, minor subdivision plats are intended to ensure that public facilities are available and will have sufficient capacity to serve the proposed subdivision. Additionally, minor subdivision plats are intended to ensure the future growth and development of the entire town by ensuring new development does not hinder the provision of public facilities and services to neighboring and nearby properties.
(B) Authority; purpose and intent; eligibility.
(1) Authority. The Planning Commission, pursuant to the powers and jurisdiction vested through 11 O.S. § 45, does hereby exercise the power and authority to review, approve and disapprove transfer of land hereinafter referred to as minor subdivision plats.
(2) Purpose and intent. The purpose of a minor subdivision plat is to simplify the subdivision of land under certain circumstances outlined in state law.
(3) Eligibility. An application for approval of a minor subdivision plat may be filed only in accordance with state law, when all of the following circumstances apply:
(a) Whenever a tract of less than five acres comprising the total area of a single ownership is to be subdivided into four or fewer lots, or whenever a proposed subdivision zoned for single-family residential use contains four or fewer lots, a preliminary and final plat will not be required;
(b) The minor subdivision plat is also used for the combination of two or more previously platted and recorded lots into a single lot; and
(c) The classification of a subdivision as a minor subdivision plat shall not be construed to waive any requirements of these regulations, including the platting requirements of § 154.290, nor the provisions of any other ordinance or statute pertaining to the property.
(C) Application for approval.
(1) Application requirements. Application for minor subdivision plat approval shall be filed with the Zoning Administrator on forms supplied by the town. The completed application shall be accompanied with the following:
(a) A certified survey, prepared by a land surveyor registered in the state shall be submitted on the proposed minor subdivision plat. The survey shall show the following:
1. Each new lot being formed shall be labeled “Lot 1”, “Lot 2”, “Lot 3” and/or “Lot 4”;
2. The legal description of the original tract of land and each new lot being created by the subdivision shall be shown;
3. The scale, north point and date shall be shown;
4. The name and address of the owner of record shall be shown;
5. A key map showing the location of the reference to existing and proposed major streets and government section lines shall be included;
6. The location of dedicated streets at the point where they adjoin and/or are immediately adjacent to the subdivision shall be shown;
7. Lot line boundaries with dimensions to the nearest one-hundredth foot and proposed location and width of streets, alleys and easements and building setback lines, where applicable, shall be shown; and
8. The original signature and seal of the registered land surveyor preparing the plat of survey, properly notarized, shall be included.
(b) A copy of the original deed showing the legal description of the tract, site or parcel proposed as a short form subdivision shall be submitted.
(c) Deeds of tracts, parcels or lots bordering the proposed short form subdivision shall be submitted if deemed necessary by the director.
(d) All instruments for the dedication of 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 instruments filed of record with the County Clerk.
(2) Filing fee. A filing fee in the amount set forth in § 154.293 shall accompany the minor subdivision plat application. The filing fee is non-refundable.
(D) Review and approval procedures; plat recordation; revisions.
(1) Review. The Zoning Administrator shall review the proposed minor plat subdivision to ensure compliance with all design and improvement requirements of this chapter. The Zoning Administrator may submit the application for review and comment to other agencies and/or municipal departments as deemed necessary.
(2) Approval procedure. The Zoning Administrator is delegated administrative authority to approve minor subdivision plats. The Zoning Administrator and the Planning and Zoning Commission, as appropriate, shall decide whether to approve, conditionally approve or deny a minor subdivision plat application based on the following criteria:
(a) The minor subdivision plat is consistent with all zoning requirements for the property;
(b) The final layout of the subdivision or development meets standards in this chapter;
(c) All lots to be created by the plat already are adequately served by all required municipal services and utilities;
(d) The ownership, maintenance, and allowed uses of all designated easements have been stated on the minor subdivision plat; and
(e) The minor subdivision plat does not require the extension of any municipal facilities to serve any lot within the development.
(3) Action.
(a) Administrative approval;
(b) Administrative denial; and
(c) Final approval.
(4) Minor subdivision plat recordation. After approval of the minor subdivision plat, the Zoning Administrator shall procure the required signature of the Planning and Zoning Commission Chairperson on the plat. The Zoning Administrator shall then cause the minor subdivision plat to be recorded with the County Clerk.
(5) Revisions to a minor subdivision plat following approval. Revisions may only be processed and approved as a replat or amending plat, as applicable.
(Ord. 382, passed 7-8-2021)