Okla. Stat. tit. 11, § 11-45-104

commission review - Subdivision regulations - Rural land not served

by municipal water and sewer facilities.

A. Before final action may be taken by any municipality or

department thereof on the location, construction, or design of any

public building, statue, memorial, park, parkway, boulevard, street,

alley, playground, public ground, or bridge, or the change in the

location or grade of any street or alley, the question shall be

submitted to the planning commission for investigation and report.

Counties and school districts may be exempted from the payment of a

fee to obtain any license or permit required by a zoning, building,

or similar ordinance of a municipality.

B. All plans, plats, or replats of land laid out in lots or

blocks, and the streets, alleys, or other portions of the same,

intended to be dedicated to public or private use, within the

corporate limits of a municipality, shall first be submitted to the

municipal planning commission for its approval or rejection. Before

said plans, plats, or replats shall be entitled to be recorded in

the office of the county clerk, they shall be approved by the

municipal governing body. It shall be unlawful to offer and cause

to be recorded any such plan, plat, or replat in any public office

unless the same shall bear thereon, by endorsement or otherwise, the

approval of the municipal governing body. Any plat filed without

the endorsed approval of the municipal governing body shall not

import notice nor impose any obligation or duties on the

municipality. The disapproval of any such plan, plat, or replat by

the municipal governing body shall be deemed a refusal of the

proposed dedication shown thereon.

C. The municipal planning commission may exercise jurisdiction

over subdivision of land and adopt regulations governing the

subdivision of land within its jurisdiction. Any such regulations,

before they become effective, shall be approved by the municipal

Oklahoma Statutes - Title 11. Cities and Towns Page 493

governing body and shall be published as provided by law for the

publication of ordinances. Such regulations may include provisions

as to the extent to which streets and other ways shall be graded and

improved and to which water, sewer, and other utility mains, piping,

or other facilities shall be installed as a condition precedent to

the approval of the plat. The regulations may provide for a

tentative approval of the plat before such installation. Any such

tentative approval shall be revocable for failure to comply with

commitments upon which the tentative approval was based and shall

not be entered on the plat. In lieu of the completion of any

improvements or utilities prior to the final approval of the plat,

the commission may accept an adequate bond with surety, satisfactory

to the commission, to secure for the municipality the actual

construction and installation of the improvements or utilities at a

time and according to specifications fixed by or in accordance with

the regulations of the commission, and further conditioned that the

developer will pay for all material and labor relating to the

construction of the improvements. The municipality may enforce said

bond by all appropriate legal and equitable remedies. Nothing in

this section shall be construed as granting to any municipality or

planning commission the power to direct any public utility to extend

its services to any particular area.

D. Upon adoption of the regulations governing the subdivision

of land as provided in subsection C of this section, no plat or deed

or other instrument concerning the subdivision of land within the

corporate limits of a municipality shall be filed with the county

clerk until it has been approved by the municipal planning

commission of that municipality in accordance with the officially

adopted regulations of subdivisions of that commission. If such

approval is needed, the approval shall be endorsed on the face of
or deed

or other instrument concerning the subdivision of land within the

corporate limits of a municipality shall be filed with the county

clerk until it has been approved by the municipal planning

commission of that municipality in accordance with the officially

adopted regulations of subdivisions of that commission. If such

approval is needed, the approval shall be endorsed on the face of

the plat, or in the case of a deed or other instrument, in the form

of a special subdivision certificate. If the adopted regulations

exempt a certain subdivision of land from the approval requirement,

the municipal planning commission shall provide to the county clerk

an exemption statement to accompany the deed or instrument to be

filed.

E. A municipality which contains large areas of rural land not

served by water and sewer facilities by the municipality shall

authorize the use of private roadways in either platted or unplatted

areas and shall issue building permits to property owners whose

property is abutting upon the private roadways, without complying

with standards as provided for dedicated streets, subject to the

following conditions:

1. The private roadway easement shall be at least fifty (50)

feet in width; and

2. The property abutting upon the private roadway shall contain

not less than two (2) acres; provided, however, if the covenants of

Oklahoma Statutes - Title 11. Cities and Towns Page 494

the subdivision allow for Evapotranspiration Absorption Systems or

an Aerobic Wastewater Treatment System, the property abutting upon

the private roadway may contain not less than one (1) acre; and

3. The property shall be more than one-fourth (1/4) mile from

sewer and water facilities furnished by the municipality; and

4. The private roadway shall not be dedicated to the public but

reserved for future dedication and, until such future dedication,

shall be the private roadway of the owners of the abutting property;

and

5. The private roadway shall be maintained by the owners of the

property within the subdivision; and

6. The municipality shall have no responsibility for the

maintenance or repair of the private roadway; and

7. If the property is platted, there shall be emblematized on

the face of the plat, clearly conspicuous, a notice that the streets

and drives have not been dedicated to the public and that the

streets shall be maintained by the private property owners within

the subdivision. Said streets shall always be open to police, fire,

and other official vehicles of all state, federal, county, and

municipal agencies; and

8. Every deed shall clearly acknowledge that the roadway is

private and not maintained by the municipality; and

9. Prior to the sale of any parcel of land in the subdivision,

a conspicuous sign shall be posted at the entrance to the

subdivision: “Private roadway not maintained by __________ (the

municipality)”. At any time after the municipality permits the use

of said private roadway, a petition of the owners of at least sixty

percent (60%) of the area of the land to improve and dedicate the

street shall bind all of the owners thereby to permanently improve

the street or roadway in compliance with the requirements of the

municipality; and

10. The planning commission may require the developer of such

property to reserve appropriate utility easements for water, sewer,

and any other utility installations as may be required for present

and future development.