ORDINANCE NO. 2727

"AN ORDINANCE RELATING TO ARTICLE IV SUBDIVISIONS, DIVISION 1, GENERALLY, REPEALING IN PART AND AMENDING SECTION 23-53 DEFINITIONS FOR SUBDIVIDER, DEVELOPER, AND DEVELOPMENT; AND REPEALING IN PART AND AMENDING SECTION 23-105 (A) (A4) (A5) (C) STREET IMPROVEMENTS "

BE IT ORDAINED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF STILLWATER, OKLAHOMA:

SECTION 1: Article 4, Subdivisions, Section 23-53 Definitions of the Stillwater Municipal Code is hereby repealed in part and amended to read as follows:

Sec. 23-53. Definitions.

Subdivider: Any person subdividing or proposing to subdivide land as herein defined.

Developer: The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase or other persons having enforceable proprietary interests in such land.

Development: The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; and any use or extension of the use of land.

SECTION 2: Article 4, Subdivisions, Section 23-105 (a); (a4); (a5); and (c) Street Improvements of the Stillwater Municipal Code is hereby repealed in part and amended to read as follows:

Sec. 23-105. Street Improvements.

    1. Except as provided in subsection, (b), a developer or the subdivider of any subdivision designed to be used for residential, commercial, industrial or other purposes, shall pave all streets that are designed on the approved plat or that directly serve the development or the subdivision by being adjacent thereto in accordance with the plans and specifications of the city established by ordinance or resolution or which may hereinafter be established by ordinance or resolution, amended or modified, in accordance with the following provisions:

    1. Whenever a development or subdivision is adjacent to an already existing street which is either unpaved or otherwise not fully constructed to city standards, the developer or the subdivider will not be required to pave the entire breadth of said street, but shall be required to pay an amount equal to the cost of the paving of one lane of said street to city standards adjacent to the development or subdivision. The cost shall be determined by the planning commission with the aid and assistance of the city engineer provided, however, that with the written approval of the developer or subdivider together with the recommendation of the planning commission, the developer or subdivider may enter into a written agreement with the city that shall provide that the developer or subdivider will be allowed to defer the requirement of paying for the cost of paving until such time as the City of Stillwater has adopted, by ordinance or resolution, an impact fee designed to replace the requirements of this section provided, however, that in no event shall the said deferment extend beyond one (1) year. In the event that the City of Stillwater should fail to enact an impact fee within one year from the effective date of this text amendment, the deferment agreement shall become null and void and the developer or subdivider would be required to comply with the remaining requirements of this section.
    2. Whenever a subdivision or development contains a half street approved by the planning commission under section 23-88, paragraph (15), the developer or subdivider will be required to pave the half of the street dedicated or to pay an amount equal to the cost of the said paving as determined by the planning commission with the aid and assistance of the city engineer or shall, with the written approval of the developer or subdivider together with the recommendation of the planning commission, enter into a written agreement with the city that shall provide that the developer or subdivider will be allowed to defer the paving requirement or the requirement of paying for the cost of paving until such time as the City of Stillwater has adopted, by ordinance or resolution, an impact fee designed to replace the requirements of this section provided, however, that in no event shall the said deferment extend beyond one (1) year. In the event that the City of Stillwater should fail to enact an impact fee within one year from the effective date of this text amendment, the deferment agreement shall become null and void and the developer or subdivider would be required to comply with the remaining requirements of this section.

(c) Whenever a development or subdivision is adjacent to a section line road or designated major roadway, as designated by the transportation plan, the developer or the subdivider shall be required to pay an amount equal to the paving of one (1) lane of said road to city standards. The cost shall be determined pursuant to the manner outlined in section 23-105(a4) except that the city shall be responsible for the following on section line roads:

(1) Cost of extra thickness for section line roads above minor streets.

(2) Culvert costs.

(3) Bridge costs.

(4) Paving intersections.

      1. Engineering design and inspection.

With the written approval of the developer or subdivider together with the recommendation of the planning commission, the developer or subdivider may enter into a deferment agreement as outlined in section 23-105(a4).

PASSED, APPROVED AND ADOPTED this ___ day of ________, 2001.

 

______________________________

 

LARRY R. BROWN

 

MAYOR, CITY OF STILLWATER

(SEAL)

ATTEST:

MARCY ALEXANDER, CITY CLERK

by ______________________________

APPROVED AS TO FORM AND LEGALITY this ___ day of ___________, 2001.

 

_________________________________

 

MARY ANN KARNS

 

CITY ATTORNEY

FIRST READING:

9-24-01

SECOND READING: