Okla. Stat. tit. 19, § 19-863.9

This is the official text of Okla. Stat. tit. 19, § 19-863.9, part of Oklahoma’s Stat. tit. 19, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 19,." Browse the sections below, each linked to its official government source.

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Subdivision plats - Rules and regulations

Official statutory text

From and after the adoption of a plan for major streets or

highways as a part of the master plan for the physical development

of the area and the adoption of the rules and regulations

hereinafter in this section provided for, no plat of a subdivision

of land within the area shall be received for record in the office

of the county clerk until it shall have been approved by the

Metropolitan Area Planning Commission or the Commission's staff as

provided in the regulations, and such approval endorsed in writing

on the plat, and the filing or recording of such plat without such

approval shall be without force or effect and shall be void as

against public policy. No deed or other instrument of transfer

referring to such unapproved plat shall be valid, and if recorded,

shall not import notice.

The approval of the Commission or the Commission's staff as

provided in the regulations required by this section or the refusal

to approve shall take place within thirty (30) days from and after

the submission of the plat for final approval; otherwise said plat

shall be deemed to have been approved and the certificate of said

Commission as to the date of the submission of the plat for approval

and as to the failure to take action thereon within such time shall

be sufficient in lieu of the written endorsement or evidence of

approval herein required. The ground of refusal of any plat

submitted, including citation to or reference to the rules or

regulations violated by the plat shall be stated upon the record of

the Commission.

If the governing body of any city or town in the county protests

against a subdivision plat of any land lying within three (3) miles

of the limits of the incorporated area of such city or town, the

plat shall be approved by not less than a two-thirds (2/3) favorable

vote of the entire membership of the Commission with the reasons

therefor spread upon its minutes.

Such Commission shall adopt rules and regulations of uniform

application governing plats and subdivisions of land falling within

its jurisdiction. Such regulations shall be designed to secure and

provide for the proper arrangement of streets or other highways in

relation to the existing or planned streets or highways or to the

master plan or plans of the area; for adequate and convenient open

spaces for traffic, utilities, access of firefighting apparatus,

Oklahoma Statutes - Title 19. Counties and County Officers Page 297

parking lots, parks, playgrounds, light and air; and for the

avoidance of congestion of population. The regulations may include

provisions authorizing the Commission's staff to approve or deny

lot-splits as provided in Section 863.10 of this title, plats and

other matters expressly identified in the regulations. Such

delegated authority shall be reserved for action in which the

Commission or its staff is acting in a ministerial capacity. Said

regulations may also include provisions as to the extent to which

streets and other highways shall be graded and improved and to which

water, sewer, or other utility mains, piping and other facilities

shall be installed or assured as a condition precedent to the

approval of the plat; the Council and/or the Board are hereby

authorized to prepare such specifications and to make such orders,

inspections, examinations, and certificates as may be necessary to

protect and carry out such regulations and make them effective and

to charge fees for services rendered and benefits involved as

hereinafter provided or as may be provided by the respective

governing bodies. Such rules and regulations shall provide for the

modification thereof by the Commission in specific cases where

unusual topographical or other exceptional conditions may require

the same. Said regulations shall provide for a tentative approval

of the plat previous to the installation or assurance of such

improvements and facilities, provided that any such tentative
spective

governing bodies. Such rules and regulations shall provide for the

modification thereof by the Commission in specific cases where

unusual topographical or other exceptional conditions may require

the same. Said regulations shall provide for a tentative approval

of the plat previous to the installation or assurance of such

improvements and facilities, provided that any such tentative

approval shall be revocable and shall not be entered on the plat.

Such regulations may provide that in lieu of the completion of the

construction of the required improvements and facilities prior to

the final approval of the plat, the Commission may accept bond in an

amount and with surety and conditions satisfactory to them,

providing for and securing to the Council and Board the actual

construction of such improvement and facilities within a period

specified by the Commission, and the Council and Board are hereby

granted the power to enforce such bond by legal and equitable

remedies. Such rules and regulations shall be adopted, changed, or

amended only after a public hearing has been held thereon by the

Commission. Such hearing may be adjourned from time to time. The

adoption of the rules and regulations or amendments thereto, as

above provided, shall be by resolution carried by not less than a

majority of the full membership of the Commission. Upon adoption by

the Commission, such rules and regulations or amendments thereto

shall be certified to the Council, the Board, and to the county

clerk of such county for safekeeping and as a public record, and

shall be enforced as in this act provided.

For the purpose of this act, a subdivision is defined as any

division of land into five or more lots, parcels, tracts, or areas,

or any division of land involving the right-of-way or alignment of

an existing or proposed street or highway.

Oklahoma Statutes - Title 19. Counties and County Officers Page 298

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