For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE ASSISTANT TO THE PLANNING COMMISSION. The person designated to administer these regulations and to assist administratively other boards and commissions.
ALLEY. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
APPLICANT. The owner of land proposed to be subdivided or his or her representative. Consent shall be required from the legal owner of the premises.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways or boundary lines of municipalities.
BOND. Any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the governing body. All BONDS shall be approved by the governing body wherever a bond is required by these regulations.
BUILDING. Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and includes any structure.
CAPITAL IMPROVEMENTS PROGRAM. A proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual local government’s operating expenses, for the purchase, construction or replacement of the physical assets for the community are included.
CENTRAL SEWERAGE SYSTEM. A community sewer system including collection and treatment facilities established by the developer to serve a new subdivision in an outlying area.
CENTRAL WATER SYSTEM. A private water company formed by a developer to serve a new community development in an outlying area. It includes water treatment and distribution facilities.
CITY INSPECTOR. The person designated by the local government to enforce the zoning ordinance. If no administrative assistant to the Planning Commission is appointed to administer these regulations, the city inspector shall administer these regulations.
COLLECTOR ROADS. A road intended to move traffic from local roads to secondary arterials. A COLLECTOR ROAD serves a neighborhood or larger subdivision and should be designed so that no residential properties face onto it.
COMPREHENSIVE PLAN. See definition of MASTER PLAN.
CONSTRUCTION PLAN. The maps or drawings accompanying a preliminary subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission as a condition to the approval of the plat.
CUL-DE-SAC. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
DEVELOPER. The owner of land proposed to be subdivided or his or her representative. Consent shall be required from the legal owner of the premises.
EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his or her property.
ESCROW. A deposit of cash with the local government in lieu of an amount required and still in force on a performance or maintenance bond. Such escrow funds shall be deposited by the city inspector into a separate account.
FINAL PLAT. See definition of RECORD PLAT.
FRONTAGE. That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side of a corner lot.
FRONTAGE STREET. Any street to be constructed by the developer or any existing street in which development shall take place on both sides.
GOVERNING BODY. The body of the local government having the power to adopt ordinances.
GOVERNMENTAL ATTORNEY. The licensed attorney designated by the governing body to furnish legal assistance for the administration of these regulations.
GOVERNMENTAL ENGINEER. The licensed engineer designated by the governing body to furnish engineering assistance for the administration of these regulations.
GRADE. The slope of a road, street or other public way, specified in percentage terms.
HEALTH DEPARTMENT and HEALTH OFFICER. The agency and person designated by the governing body to administer the health regulations of the local government.
HIGHWAY, LIMITED ACCESS. A freeway or expressway providing a trafficway for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right to access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over such trafficway.
IMPROVEMENT. See definition of LOT IMPROVEMENT or PUBLIC IMPROVEMENT.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device.
JOINT OWNERSHIP. Joint ownership among persons shall be construed as the same owner; “constructive ownership” for the purpose of imposing subdivision regulations.
LOCAL GOVERNMENT. For the purpose of these regulations, the Holdenville City Council or Hughes County Board of Commissioners authorized by law to enforce subdivision regulations.
LOCAL GOVERNMENT ATTORNEY. See definition of GOVERNMENTAL ATTORNEY.
LOCAL GOVERNMENT ENGINEER. See definition of GOVERNMENTAL ENGINEER.
LOCAL ROAD. A road intended to provide access to other roads from individual properties and to provide right-of-way beneath it for sewer, water and storm drainage pipes, and includes cul-de-sac, lane and place.
LOT. A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.
LOT, CORNER. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.
LOT IMPROVEMENT. Any building, structure, place, work of art or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Certain lot improvements shall be properly bonded as provided in these regulations.
MAPC. Metropolitan Area Planning Commission.
MPC. Municipal Planning Commission of Holdenville.
MAJOR STREET PLAN. See definition of OFFICIAL MAP.
MAJOR SUBDIVISION. All subdivisions not classified as minor subdivisions, including, but not limited to, subdivisions of five or more lots, or any size subdivision requiring any new street or extension of the local governmental facilities, or the creation of any public improvements.
MASTER PLAN. A general plan for development of the local government, prepared and adopted by the Planning Commission, pursuant to state law, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof.
MINOR SUBDIVISION. Any subdivision containing not more than four lots and fronting on an existing street, not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the comprehensive plan, official map, zoning ordinance, or this chapter.
MODEL HOME. A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision. Such dwelling units may be erected, at the discretion of the Planning Commission, by permitting a portion of a major subdivision involving no more than two lots to be created according to the procedures for minor subdivisions.
MUNICIPALITY. See definition of LOCAL GOVERNMENT.
NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivisions shall comply with the applicable provisions of this chapter.
OFF SITE. Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
OFFICIAL MAP. The map established by the governing body pursuant to law showing the streets, highways and parks, and drainage systems and setback lines theretofore laid out, adopted and established by law, and any amendments or additions thereto adopted by the governing body or additions thereto resulting from the approval of subdivision plats by the Planning Commission and the subsequent filing of such approved plats.
ORDINANCE. Any legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any ordinance.
OWNER. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.
PARK AND RECREATION IMPROVEMENT FUND. A special fund established by the governing body to retain monies contributed by developers in accordance with § 159.090 of this chapter for the specific purpose of acquisition, improvements, and development of park land in the city.
PERIMETER STREET. Any existing street to which the parcel of land to be subdivided abuts on only one side.
PLANNING COMMISSION. The local government’s Planning Commission established in accordance with law.
PLATS REVIEW COMMITTEE. A board established by the governing body to provide technical services to the Planning Commission in the administration of these regulations.
PRELIMINARY PLAT. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for approval.
PRIMARY ARTERIAL. A road intended to move through traffic to and from such major attractors as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas, and similar traffic generators within the governmental unit; and/or as a route for traffic between communities or large areas.
PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established. All such improvements shall be properly bonded.
RECORD PLAT. The map or plan of a subdivision which is to be filed in the office of the County Clerk.
REGISTERED ENGINEER. An engineer properly licensed and registered in the State of Oklahoma.
REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered in the State of Oklahoma.
RESUBDIVISION. A change in a map of an approved or recorded subdivision plat, if such change affects any street layout on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivision.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or for another special use. The usage of the term RIGHT-OF-WAY hereinafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of- way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees, or other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such RIGHT-OF-WAY is established.
ROAD, CLASSIFICATION. For the purpose of providing for the development of the streets, highways, roads and rights-of-way in the governmental unit, and for their future improvement, reconstruction, realignment and necessary widening, including provision for curbs and sidewalks, each existing street, highway, road and right-of-way, and those located on approved and filed plats, have been designated on the official map of the local government and classified therein. The classification of each street, highway, road and right-of-way is based upon its location in the respective zoning districts of the local government and its present and estimated future traffic volume and its relative importance and function as specified in the master plan of the local government. The required improvements shall be measured as set forth for each street classification on the official map.
ROAD, DEAD END. A road or portion of a street with only one vehicular traffic outlet.
ROAD RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles to the centerline of the street.
SALE or LEASE. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, intestate succession or transfer of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, intestate succession or other written instrument.
SCREENING.
(1) Either:
(a) A strip of at least ten feet wide, densely planted (or having equivalent natural growth) with shrubs or trees at least four feet high at the time of planting, of a type that will form a year-round dense screen at least six feet high; or
(b) An opaque wall or barrier or uniformly painted fence at least six feet high.
(2) Either division (1)(a) or (1)(b) of this definition shall be maintained in good condition at all times and may have no signs affixed to or hung in relation to the outside thereof except the following: for each entrance, one directional arrow with the name of the establishment with “For Patrons Only” or like limitation, not over two square feet in area, which shall be nonilluminated. Where required in the zoning regulations, a screen shall be installed along or within the line of plants as a protection to adjoining or nearby properties.
SECONDARY ARTERIAL. A road intended to collect and distribute traffic in a manner similar to primary arterials, except that these roads service minor traffic generating areas such as community commercial areas, primary and secondary educational facilities, hospitals, major recreational areas, churches, and offices, and/or designed to carry traffic from collector streets to the system of primary arterials.
SETBACK. The distance between a building and the street line nearest thereto.
SKETCH PLAT. A sketch preparatory to the preparation of the preliminary plat (or subdivision plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Planning Commission as to the form of the plat and the objectives of these regulations.
STREET. See definition of ROAD, CLASSIFICATION.
SUBDIVIDER. Any person who:
(1) Having an interest in land, causes it, directly or indirectly, to be divided into a subdivision;
(2) Directly or indirectly, sells, leases or develops, or offers to sell, lease or develop, or advertises for sale, lease or development, any interest, lot, parcel, site, unit or plat in a subdivision;
(3) Engages directly or through an agent in the business of selling, leasing, developing of offering for sale, lease or development of a subdivision, and/or any interest, lot, parcel, site, unit or plat in a subdivision; and
(4) Is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.
SUBDIVISION. Any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots or interests for the purpose of offer, sale, lease or development, either on the installment plan or upon any and all other plans, terms and conditions, including resubdivision. SUBDIVISION includes the division or development of residential and nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument.
SUBDIVISION AGENT. Any person who represents, or acts for or on behalf of, a subdivider or developer in selling, leasing or developing, or offering to sell, lease or develop any interest, lot, parcel, unit, site or plat in a subdivision, except an attorney at law whose representation of another person consists solely of rendering legal services.
SUBDIVISION PLAT. The final map or drawing, described in these regulations, on which the subdivider’s plan of subdivision is presented to the Planning Commission for approval and which, if approved, may be submitted to the County Clerk or Recorder of Deeds for filing.
TEMPORARY IMPROVEMENT. Improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.
(Prior Code, § 11-2-2) (Ord. 594, passed 8-5-1997)
PLATTING APPLICATION AND APPROVAL PROCESS