§ 19-602. Exception for issuing a building permit.
A.
Exception from Platting in A-1, A-2, and RE zoning districts:
1.
In the A-1, A-2 and RE zones, building permits may be obtained on all tracts of ten (10) acres or more which abut on a minimum fifty-foot private roadway easement, granted to abutting property owners, which connects to a City street without the requirement to plat if the land and roadway easement were filed of record prior to February 7, 1984. The instrument which establishes this easement shall indicate that it is intended for future roadway purposes and shall not be accepted nor maintained by the City until and unless constructed according to the City's street standards. This easement shall contain a provision which expressly grants right of access to police, fire, sanitation, inspection, and health department vehicles and personnel who are in the process of performing their normal responsibilities as City, county, state or federal employees. All other zoning requirements for the particular zone in which these tracts are located shall be complied with and satisfied.
2.
In the A-1, A-2 and RE zoning districts, building permits may be obtained on all tracts of five (5) acres or greater that abut a public street that is open, and which were filed of record on or before June 27, 1997. Prior to receiving a building permit to construct a new residential dwelling on such tracts, the owner must deliver to the City a duly executed roadway and utility easement for all adjoining public or section line roads which abut the property, in an amount sufficient to accommodate the proposed roadways as reflected on the adopted City of Norman Transportation Plan. Dedication is not mandatory for building permits which do not constitute a change of use, such as a residential addition, or which involve agricultural uses. For tracts containing more than forty (40) acres, the roadway easement would only be required adjacent to that portion of the entire tract that approximates a forty (40) acre parcel. Such tracts shall comply with all other zoning requirements of the City of Norman. The purpose of all such dedications is to facilitate the eventual improvement of rural roadways. Any private improvements within the expanded roadway easement may remain until a roadway project occurs, at which time the City would either pay for any existing improvements or institute condemnation action to acquire the real property as required by law. All existing improvements must be noted on the dedication.
B.
Deferral of public improvements:
1.
It is the purpose of this section to provide, in specific cases, as are hereinafter designated, a procedure whereby the City Council may temporarily defer the construction of certain public improvements required by the Code of the City of Norman at the time of acceptance of a final plat within a subdivision; provided that the City Council, in its sole judgment, deems that such deferment shall be immediately in the interest of public health, safety, or general welfare. It is the further purpose of this section to provide in specific cases where construction of required drainage improvements outside the boundary of a subdivision plat or other tract of land cannot be accomplished because the necessary easements or rights-of-way cannot be reasonably obtained, a procedure whereby the City Council may temporarily defer the construction of certain public improvements required by the Code of the City of Norman at the time of acceptance of a final plat and the associated program of improvements.
2.
The City Council, after recommendation from the Director of Public Works, may accept a final plat and authorize the issuance of building permits prior to the construction of such deferred public improvements required by the Code of the City of Norman in the following situations:
(a)
Where incompatible grades exist;
(b)
Where there are inadequate or a lack of connecting facilities;
(c)
Where construction of the improvement would not immediately function for its intended use; or
(d)
Where such improvement would be replaced by a planned future project.
3.
The City Council, after recommendation from the Director of Public Works, may accept a final plat and the program of improvements and defer public drainage improvements with the condition that the deferred drainage improvements are a part of the program of improvements but are the responsibility of the City of Norman to construct under the following situations:
(a)
Where construction of required drainage improvements outside the boundary of a subdivision plat or other tract of land cannot be accomplished because the necessary easements or rights-of-way cannot reasonably be obtained; or
(b)
Where documentation is provided which demonstrates that reasonable and proper attempts have been made to obtain the necessary easements and rights-of-way to construct the drainage improvements required by the City and that these attempts have been unsuccessful.
(c)
Deferral of such improvements shall not result in any increased flooding of any street or habitable structure.
4.
Whenever it is deemed necessary by the City Council to defer construction of any improvement, other than drainage under section 19-602B.3, the applicant shall pay the cost, as determined by the Director of Public Works, of future improvements to the City within ten (10) days of City Council acceptance of the final plat. Payment of cost shall be in cash or certificate of deposit.
In the case of deferred construction recommended under subsection 19-602B.3. above, the applicant shall make the following payments:
(a)
An initial payment based on the engineer's estimate of the cost of construction as approved by the Director of Public Works plus the estimated costs of right-of-way acquisition and competitive bidding. The initial payment shall be in cash or certificate of deposit and shall be made within ten (10) days of City Council acceptance of the final plat.
(b)
A final payment based on the actual cost of construction, right-of-way acquisition, and competitive bidding minus the initial payment. If the initial payment is greater than the actual cost, the difference will be returned to the applicant upon action of the Council upon request from the applicant. The final payment shall be in cash.
5.
Monies received by the City under the authority of this section shall be separately accounted for and expended for no other purpose than in conjunction with the later construction of deferred improvement, except for deferred drainage improvements.
6.
Monies received by the City under authority of this section for drainage improvements must be separately accounted for, but may be used for a drainage improvement other than the specific deferred improvement with the approval of the City Council if the proposed drainage improvement addresses a problem of the tract of land that the specific deferred improvement serves. The applicant is relieved of the obligation for the deferred improvement when its deferred funds are expended.
7.
If construction of the deferred facility has not commenced within ten (10) years from the date of deferment, then the cost paid or the certificate of deposit may be returned upon action of the Council upon written request of the payor.
8.
A deferment as contemplated by this section shall be submitted to the Development Committee for a recommendation of approval or disapproval at the same time the final plat is submitted. The deferment and recommendation shall then be submitted to the City Council for its consideration at the same time the final plat is submitted for acceptance.
C.
Concurrent construction:
1.
It is the purpose of this section to provide, under specific circumstances as are hereinafter designated, a procedure whereby building permits may be issued prior to the construction of all public improvements which are required by other portions of this Code; provided, however, that only a "Foundation only" permit will be issued until such time as the water portion of said public improvements have been completed, inspected and approved by the City of Norman Development Committee.
2.
In Multi-Family, Commercial, and Industrial Developments, building permits may be issued prior to the construction of such public improvements required by the Code of the City of Norman when all of the following conditions have been met:
(a)
All water improvements required by this code have been completed and certified by the Department of Public Works in accordance with Section 19-315B.4. Maintenance bonds for these improvements shall be in the sum of one hundred (100) percent of the total actual cost of construction of the completed improvement; and, may be accepted upon the unanimous vote of the City of Norman Development Committee, at which time the Mayor is authorized to accept the maintenance bond on behalf of the City;
(b)
The construction of public street, sanitary sewer, and surface drainage improvements not installed prior to issuance of building permits shall be secured as follows:
(1)
The amount of surety shall be in the sum of one-hundred twenty-five (125) percent of the certified engineer's estimate required by Section 19-314B.4. of this Code; and
(c)
The subdivider shall provide and maintain an all-weather surface means of ingress and egress, satisfactory to the Director of Public Works and the Fire Chief, to all structures to facilitate emergency vehicle access; and
(d)
The subdivider shall provide and maintain such temporary drainage structures or improvements as may be deemed necessary by the Director of Public Works or the Director's representative.
3.
In R-1, Single-Family Dwelling Districts, R-1-A, Single-Family Attached Dwelling Districts, R-2, Two-Family Dwelling Districts, and Planned Unit Developments for only single-family homes, building permits may be issued prior to the completion of all such public improvements as are required by the Code of the City of Norman, and the Final Plat may be filed in the office of the Cleveland County Clerk, when all of the following conditions have been met:
(a)
All water and sewer improvements (both on-site and off-site) and the As-Built Plans have been completed and certified by the Director of Public Works in accordance with Section 19-315B.4. Maintenance bonds for these improvements shall be in the sum of one hundred (100) percent of the total actual cost of the construction of the completed improvements, and may be accepted upon the unanimous vote of the City of Norman Development Committee, at which time the Mayor is authorized to accept the maintenance bond on behalf of the City; and
(b)
After the four-inch base course of asphaltic concrete pavement or the full-depth six-inch Portland cement concrete pavement has been completed and certified by the Director of Public Works in accordance with Section 19-315B.4., the construction of any remaining course(s) of asphalt for public streets, plus storm drainage improvements, not installed prior to issuance of building permits shall be secured as follows:
(1)
The amount of surety shall be in the sum of One hundred twenty-five (125) percent of the certified engineer's estimate required by Section 19-314B.4. of this Code; and,
(c)
The subdivider shall provide and maintain temporary drainage structures or improvements as may be deemed necessary by the Director of Public Works or said Director's designated representative; and
(d)
The As-Built Subdivision Grading Plan for all lots in the subdivision shall have been completed according to Norman ordinances and regulations, filed, and certified by the Director of Public Works.
4.
No occupancy permit shall be issued for any lot or structure in the subdivision prior to the completion and acceptance of all required public improvements in the subdivision. The following statement shall be noted on any building permit and prominently displayed by the builder in any residential zoning district in which concurrent construction is utilized: "A Certificate of Occupancy will not be issued for this structure until all required public improvements are completed and accepted by the City."
(Ord. No. O-7273-87; Ord. No. O-7677-15; Ord. No. O-7778-51; Ord. No. O-7778-59; Ord. No. O-7980-67; Ord. No. O-8182-2; Ord. No. O-8485-42; Ord. No. O-9091-35; Ord. No. 0-0001-15; Ord. No. O-0809-35, § 2; Ord. No. 0-1112-30, § 1; Ord. No. 0-1213-32, § 1)