The quality of design of the urban area is dependent on the
quality of design of the individual subdivisions that compose it.
Good community design requires the coordination of the efforts of
each subdivider and developer of land within the urban area. Therefore,
the design of each subdivision shall be prepared in accordance with
the principles established by the general plan for land use, circulation,
community facilities and public utility services and in accordance
with the following general principles:
1.
It is intended that the urban area should be designed as a group
of integrated residential neighborhoods and appropriate commercial
and industrial and public facilities.
2.
The size of lots and blocks and other areas for residential, commercial,
industrial and public uses should be designed to provide adequate
light, air, open space, landscaping, off-street parking and loading
facilities.
3.
The arrangement of lots and blocks and the street system should be
designed to make the most advantageous use of topography and natural
physical features. Tree masses and large individual trees should be
preserved. The system of sidewalks and roadways and the lot layout
should be designed to take advantage of the visual qualities of the
area.
4.
Circulation within the urban area shall be provided in accordance
with the following design criteria.
a.
Each subdivision shall provide for the continuation of all arterial
streets and highways as shown on the major street plan. Arterial streets
should be located on the perimeter of the residential neighborhood.
b.
Minor streets should be designed to provide access to each parcel
of land within the residential neighborhood and within industrial
areas, and in a manner that will discourage use by through traffic.
They should be planned so that future urban expansion will not require
the conversion of minor streets to arterial routes.
c.
Collector streets should be designed to provide a direct route from
the other minor streets to the major street system.
d.
Ingress and egress to residential properties should be provided only
on minor streets.
e.
Pedestrian ways should be separated from roadways used by vehicular
traffic. Sidewalks should be designed to provide all residential building
sites with direct access to all neighborhood facilities, including
the elementary school, parks, playgrounds, churches and shopping centers.
5.
Minimum standards for development are contained in the zoning regulations,
the building code and these regulations. However, the general plan
expresses policies which are intended to achieve optimum quality of
urban development. If only the minimum standards are followed, as
expressed by the various regulations affecting land development, a
standardization of development will occur. This will produce a monotonous
urban setting. Subdivision design should be of a quality to carry
out the purpose and spirit of the policies expressed in the general
plan and in these regulations rather than be limited to the minimum
standards required herein.
[Amended 11-30-2006,
Ordinance 2006-13]
1.
Streets. The arrangement, character, extent, width, grade and location
of all streets shall conform to all of the elements of the General
Plan and shall be designed in accordance with the following provisions:
a.
Major streets shall be planned to conform with the major street plan.
b.
Whenever a subdivision abuts or contains an existing or proposed
major street, the Planning Commission may require service streets,
reverse frontage with screen planting contained in a nonaccess reservation
along the rear property line, deep lots, or such other treatment as
may be necessary for adequate protection of residential properties
and to afford separation of arterial and local traffic.
c.
Minor streets shall be laid out so that their use by arterial traffic
will be discouraged.
d.
Where a subdivision borders on or contains a railroad right-of-way
of limited access highway right-of-way, the Planning Commission may
require a street approximately parallel to and on each side of such
right-of-way at a distance suitable for the appropriate use of the
intervening land. Such distances also shall be determined with due
regard for the requirements of approach grades and future grade separation
structures.
e.
Reserve strips controlling access to streets shall be prohibited
except where their control is placed in the City under conditions
approved by the Planning Commission.
f.
Where the plat to be submitted includes only part of the tract owned
or intended for development by the subdivider, a tentative plan of
a proposed future street system for the unsubdivided portion may be
required by the Planning Commission.
g.
When a tract is subdivided into larger than normal building lots
or parcels, such lots or parcels shall be arranged to permit the logical
location and opening of future streets and appropriate subdividers
with provision for adequate utility easements.
h.
Street jogs with center line offsets of less than 125 feet shall
be avoided.
i.
Street right-of-way widths shall be in accordance with the major
street plan and, where not designated therein, shall be not less than
the following:
|
Major Streets
|
Width
|
|---|---|
|
Primary with median
|
120 feet
|
|
Primary without median
|
100 feet
|
|
Secondary with or w/o median
|
80 feet
|
|
Minor Streets
|
Width
|
|---|---|
|
Collector
|
60 feet
|
|
Minor
|
50 feet
|
|
Cul-de-sac
|
50 feet
|
j.
The grades of all streets shall not exceed the following, except
where unusual topographic conditions justify in the opinion of the
Planning Commission, a modification of these standards:
|
Major Streets
| |
|---|---|
|
Primary
|
5%
|
|
Secondary
|
7%
|
|
Minor Streets
|
10%
|
|
No street shall be less than 0.3%.
|
k.
The paved width of all streets shall be adequate to serve the existing
and future terminated traffic load for the facility. Lane widths for
all streets shall be as follows:
(1)
All major streets shall have lanes for traffic movement of 12
feet in width and lanes for parallel parking or emergency stopping
of not less than 10 feet in width.
(2)
All minor streets shall have lanes for traffic movement of 10
feet in width and lanes for parallel parking of not less than six
feet in width.
l.
A cul-de-sac should not exceed 500 feet in length, measured from
the entrance to the center of the turn around. If a cul-de-sac is
more than 150 feet in length it shall be provided with a turn around
having a radius of not less than 50 feet at the property line and
not less than 40 feet at the curb line. There shall be provided in
the center of the turn around an unpaved island, which has a radius
of not less than 12 feet or more than 16 feet. Any unpaved island
shall be improved with grass and landscaping in such a manner that
it will not interfere with sight distance.
m.
Half streets shall be prohibited except where they are essential
to the reasonable development of the subdivision in conformity with
the other requirements of these regulations, and provided that the
Planning Commission finds it will be practical to obtain the dedication
of the other half of the street easement when the adjoining property
is subdivided. Whenever a half street is adjacent to a tract to be
subdivided, the other half of the street shall be platted within such
tract.
n.
The arrangement of streets shall be such as to cause no hardship
in the subdividing of adjacent properties. The Planning Commission
may require the dedication of street rights-of-way to facilitate the
development of adjoining properties.
o.
No street names shall be used which will duplicate or be confused
with the names of existing streets. Street names shall be subject
to the approval of the Planning Commission.
p.
Streets serving commercial and industrial areas shall have rights-of-way
not less than 60 feet with a paved width not less than 32 feet.
2.
Alleys.
a.
Alleys shall be provided in commercial and industrial districts,
except that the Planning Commission may waive this requirement where
other definite and assured provision is made for service access, such
as off-street loading, unloading, and parking consistent with and
adequate for the uses proposed.
b.
Alleys serving commercial and industrial areas shall not be less
than 30 feet in width.
c.
Alleys shall be required for residential areas and they shall be
not less than 20 feet in width.
d.
Alley intersections and sharp changes in alignment shall be avoided;
but where necessary, they shall be provided with adequate turn around
facilities at the dead-end, as determined by the Planning Commission.
3.
Easements.
a.
Where alleys are not provided, easements not less than 10 feet wide
shall be provided where possible along rear lot lines and along side
lot lines where necessary, for use by public and private utilities.
The Planning Commission may require aerial easements and easements
of greater width for the extension of main storm and sanitary sewers
and other utilities where-it is deemed necessary.
b.
Where a subdivision is traversed by a watercourse, drainage channel
or stream, which drains 160 acres or more of land, there shall be
provided a right-of-way for drainage and public parks and utility
purposes, adequate to contain all of the runoff from a fifty-year
maximum flood. The right-of-way shall include all of the land within
the subdivision that has an elevation which shall be calculated to
provide for, the drainage requirements of the ordinances and regulations
relating thereto.
4.
Public Areas and Open Spaces. Public parks, playgrounds, school sites,
and other public areas and open spaces shall be provided in accordance
with the requirements and standards set forth in the General Plan
and in the ordinances and regulations relating thereto.
4A.
Public Park Land Dedication.
a.
Applicability. This section shall apply to all residential subdivision
plats having a dwelling unit density of greater than one unit per
acre. Anything herein to the contrary notwithstanding, all final plats
submitted to the City from and after the adoption of this policy shall
meet the requirements of this article regardless of whether the preliminary
plat has been approved before or after the adoption of this policy.
b.
Dedication of Land. All persons, firms or corporations subdividing
land under provisions of the Code of the City of Weatherford for residential
purposes within the boundaries of the City shall, prior to the recording
of their respective final plan and subject to the other provisions
hereinafter following:
(1)
Dedicate land to be used solely and exclusively for public park
and recreation purposes; or
(2)
Make an equivalent monetary contribution based upon a value
of the land required to be dedicated, in lieu of the actual transfer
of land. Whether or not land or money shall be given over to the City
shall be at the sole option of the City Commission.
c.
Reservation of Future Public Park and Recreation Sites. The Weatherford
Planning Commission shall participate in the design of neighborhood
master plans in order to approve proposed public park and recreation
land sites. Future public park and recreation sites as designated
in the approved neighborhood master plans or as approved by the Planning
Commission shall be delineated on the preliminary plat and reserved
for dedication or purchase. A preliminary plat shall not be placed
on a Planning Commission agenda until such plat has been received
and reviewed by the City staff for public park dedication requirements.
Uses permitted in said "Park Land" category shall be limited to public
parks and recreational areas; provided, however, that the grazing
of animals and growing of crops may be permitted prior to dedication
to the City.
d.
Standards for Determining Amount of Land and/or Monetary Contribution.
(1)
The acreage to be contributed prior to the final approval by
the City Commission of any residential subdivision plat shall be determined
by the following formula:
|
(2 acres) x (Each 1,000 persons projected to occupy the fully
developed subdivision) = (Amount of land to be contributed)
|
|
WHICH IS
|
|
(0.002 acres) x (No. persons per dwelling unit) x (No. dwelling
units projected for subdivision) = (Amount of land to be contributed)
|
(2)
In determining the number of persons projected to occupy a subdivision
the Director of Parks and Recreation in consultation with the Planning
Department is authorized and directed to make such projections utilizing
the following table:
|
Zoning District
|
Number of Persons Per Dwelling
|
Number of Dwelling Units per Gross Acre of Subdivision
|
|---|---|---|
|
R-1
|
3.26
|
5 or number of lots platted, if shown
|
|
R-2
|
1.64
|
8
|
|
R-3
|
1.64
|
18
|
|
The standards provided in the table shall be used for calculating
the number of persons per dwelling unit and the number of dwelling
units projected for a subdivision. Standards for the number of person
per dwelling unit shall be based upon the most recent Federal Decennial
Census.
|
(3)
In those instances where the formula used above show that less
than 1,000 persons will ultimately occupy any given subdivision as
reflected by the preliminary plat submitted for approval, the Planning
Commission shall review said plat and promptly recommend whether land
or money should be required of the subdivider. Such recommendations
may be appealed to the City by the subdivider.
(a)
If the public park land is to be required, then that amount
of land determined by paragraphs d(1) and d(2) shall be reserved and
delineated on the final plat in a location approved by the Planning
Commission and the appropriate portion thereof (as determined by the
above formula) shall be dedicated or conveyed to the City at the time
of recording the final plat.
(b)
If a fee in lieu of a land contribution
is required, the amount of fee shall be determined at the time of
final platting, according to the following formula:
(Fair market value of land per acre) x (Amount of land required
to be dedicated according to paragraphs d(1) and d(2) above) = (Fee
in lieu of land dedication)
The subdivider shall tender and pay over to the City a cashier's
check for said fee immediately prior to recording the final plat.
i.
Time of determining the value of land. The fair market value
of the land shall be determined no more than six months before submission
of the final plat to the City Commission.
ii.
Basis for determining the value of land. The representative
cash value of the land that would otherwise be required to be dedicated
shall be the full and fair market value of the raw land plus a proper-share
of those incidental costs as defined which would be attached to a
subdivider in those cases were land itself was given. Such value shall
be determined by averaging the value of all residentially zoned acreage
in the preliminary plat.
iii.
Method of determining value of land. The fair
market value shall be determined by negotiations between the subdivider
and the City. If negotiations have failed to reach agreement by the
time the final plat is submitted, then within five days an Appraisal
Board shall be appointed to determine the fair market value, whose
appraisal shall be final and binding on both parties. The Appraisal
Board shall consist of three qualified real estate appraisers, one
selected by the City, one selected by the subdivider, and one selected
by the chosen appraisers. The appraisers' fee shall be paid jointly
by the City and the subdivider. Within 10 days, the Appraisal Board
shall tender a report of the fair market value of the land as of the
date the Appraisal Board was appointed and its report shall be binding
upon all parties.
iv.
In such case as the City Commission, upon the recommendation
of the Planning Commissioners, shall determine, a subdivider may dedicate
more land than would be required by the formulas herein set out and
receive a written credit against future mandatory public park land
dedications. Where a subdivider dedicates land against future requirements,
the development which is thereby relieved of all or part of its mandatory
park land dedication requirement must be in the same general areas
that served by the dedicated credit land, such general area to be
at the City's sole determination. The credit shall attach to the relieved
land and remain with the relieved land, regardless of change in ownership
thereof.
v.
In the event a subdivider deviates from the approved preliminary
plat in final platting or rezones land within the preliminary plat
which has the effect of increasing the density of population over
the earlier population density estimates made under this article or
where the use of property is changed from a nonresidential use to
a residential use, the owner or subdivider shall be obligated to provide
additional land or fee to compensate for the increase in population
prior to the City issuing a building permit or occupancy.
e.
Suitability of the Land. Any land to be dedicated to meet the requirements
of this article shall be reasonably located and adaptable for use
as an active neighborhood public park and recreation facility. Such
determination shall be made by the Planning Commissioners, whose decision
may be appealed to the City Commission. Factors to be used in evaluating
the adequacy of the proposed public park and recreation areas include,
but are not limited to, the following:
(1)
Unity: The dedicated land should form a single parcel or tract
of land at least two acres in size unless the City Commissioners determine
that a smaller tract would be in the public interest, or that additional
contiguous land will be reasonably available for dedication to or
purchase by the City.
(2)
Shape: The shape of the parcel or tract of land to be dedicated
should be appropriate for public parks and recreation purposes.
(3)
Access: Public access to public park land delineated on a preliminary
plat shall be insured by provision of at least 50 feet of street frontage,
in a manner satisfactory to the City Commissioners.
At the time the land abutting the delineated areas is developed
the subdivider of such abutting land shall furnish and pay for paving
all abutting street frontage and shall provide water and sewer access
to the boundary of one side of the delineated area to meet minimum
requirements as determined by the Public Works Department of Weatherford.
(4)
Topography: The land to be dedicated to meet the requirement
of this article should be suitable for public parks and recreation
activities. In that regard 50% of the dedicated land area should not
exceed 5% grade. The Comprehensive Plan for the City of Weatherford
shall be considered when evaluating land proposals for dedication.
f.
Use of Money Paid in Lieu of Dedication of Land.
(1)
A separate fund to be deposited at the highest interest rate
permitted by law to be entitled "Park Fee Fund" shall be and is hereby
created and the money paid in by owners, subdividers, and applicants
at final approval of subdivision plats in lieu of the dedication of
land and interest thereon, shall be held in said fund in trust to
be used solely and exclusively for the purpose of purchasing public
park and recreational land in the general area in which the subdivision
is located.
(2)
At such time as the City Commission, based upon the recommendations
of the Planning Commission, determines that there are sufficient funds
derived from a certain area in the Park Fee Fund to purchase usable
park land, the City Commission shall cause negotiations to be undertaken
to purchase the site by mutual agreement or by condemnation proceedings.
In making such determination for the purchase of said site, the conditions
of Subsection e above shall be taken into consideration. The principal
and interest deposited and kept in the Park Fee Fund shall be used
solely for the purpose of purchasing land for public park and recreation
uses, and shall never be used for improving, maintaining or operating
public park facilities, or for any other purposes.
g.
Form of Dedication. Land accepted for dedication under the requirements
of this article shall be conveyed by either of the following methods:
(1)
By dedication within the plat to be filed for record in the
Office of the County Clerk of Custer County, Oklahoma; or
(2)
By warranty deed transferring the property in fee simple to
the City of Weatherford.
|
In any event, land must be free and clear of any mortgages or
liens at the time of such dedication conveyance.
|
5.
Blocks.
a.
The lengths, widths and shapes of blocks shall be determined with
due regard for the following:
b.
Blocks for residential use should not be longer than 1,800 feet,
measured along the center line of the block. When a block exceeds
600 feet in length, the Planning Commission may require a dedicated
easement not less than 15 feet in width and a paved crosswalk not
less than four feet in width to provide pedestrian access across the
block.
c.
Blocks used for residential purposes should be of sufficient width
to allow for two tiers of lots of appropriate depth. Blocks intended
for business and industrial use should be of a width suitable for
the intended use, with due allowance of off-street parking and loading
facilities.
6.
Lots.
a.
Residential lots shall be not less than 50 feet in width at the front
building line and shall abut a street a distance of not less than
30 feet; except that a corner lot shall be not less than 60 feet in
width at the front building line.
b.
Side lot lines should be approximately at right angles or radial
to street lines.
c.
The depth of residential lots should not be less than 90 feet.
d.
The area of residential lots shall be not less than 5,000 square
feet.
e.
In residential subdivisions where septic tanks or individual sewage
disposal devices are to be installed, the area of the lot shall be
not less than 22,500 square feet, or as required by the State Health
Department where water wells are involved, and the width of the lot
at the front building line shall be not less than 100 square feet.
f.
Lots are not required for subdivision for commercial and industrial
use, but when provided they should be of appropriate size and arrangement
to provide for adequate off-street parking and loading facilities
based on the intended use.
g.
Double frontage and reverse frontage lots should be avoided except
where they are needed to provide for the separation of development
from traffic arteries or to overcome specific disadvantages of topography
and orientation. A planting screen easement of at least 20 feet in
width shall be provided along the portion of the lots abutting such
a traffic artery or other use where screening is required. There shall
be no right of access across a planting screen easement.
7.
Building Lines. Building lines shall be provided for all residential
subdivisions as follows:
a.
A front building line shall be located at least 25 feet back of the
street right-of-way line.
b.
A side yard building line on the side of a corner lot abutting the
street shall be located not less than 15 feet back of the street right-of-way
when such lot is back to back with another lot and not less than 20
feet back of the street right-of-way line in every other case.
c.
A side yard building line shall be provided not less than 10 feet
back of a crosswalk right-of-way line on the side of a lot abutting
a mid-block crosswalk.
d.
Restrictions requiring buildings to be located within the building
lines shown on the plat shall be set forth on the plat or on a separate
recorded instrument.
8.
Neighborhood Unit Development. Whenever a subdivision is developed as a neighborhood unit, wherein adequate park or playground area is provided, through traffic is cared for adequately and the majority of the minor streets are of the cul-de-sac or loop type, the Planning Commission may vary the requirements of this article in order to allow the subdivider more freedom in the arrangement of streets and lots, but at the same time protect the convenience, health, safety and welfare of the probable future residents of the subdivision as well as the character of the surrounding property and the general welfare of the entire community. However, in no case shall the lot area be less than 6,000 square feet for detached single-family dwellings. (See §18-39, Planned Unit Development District.)
