Town of Goldsby, Ordinance 2026-006

No. 623-July 16-1 Time

ORDINANCE 2026-006

AN ORDINANCE OF THE TOWN OF GOLDSBY, OKLAHOMA, AMENDING SECTION 1-7 OF ARTICLE I OF THE SUBDIVISION REGULATIONS OF THE TOWN OF GOLDSBY REGULATING LOT SPLITS BY REPEALING, DELETING, AND REMOVING SUBSECTION A OF SAID SECTION 1-7 IN ITS ENTIRETY AND ENACTING AND ADOPTING A NEW SUBSECTION A OF SAID SECTION 1-7 IN THE PLACE THEREOF; AND BY AMENDING SECTION 1-15 OF ARTICLE I OF THE SUBDIVISION REGULATIONS OF THE TOWN OF GOLDSBY BY AMENDING SUBSECTION VV THEREOF DEFINING “LOT SPLIT” AND BY ADDING NEW DEFINITIONS THERETO DEFINING “COMMON PLAN OF DEVELOPMENT” AND DEFINING “SINGLE OWNERSHIP”; PROVIDING FOR SEVERABILITY, AND DECLARING AN EFFECTIVE DATE.

WHEREAS, the Town Board of Trustees finds that it is in the best interests of the Town and its residents that the Subdivision Regulations of the Town of Goldsby relating to Lot Splits be strengthened to better regulate the Lot Split exception to the procedural requirements of the Subdivision Regulations by repealing, deleting, and removing Subsection A of said Section 1-7 in its entirety and enacting and adopting a new Subsection A of said Section 1-7 in the place thereof, by amending the definition of “Lot Split”, and by adding definitions of “Common Plan of Development” and “Single Ownership”.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF GOLDSBY, OKLAHOMA, THAT:

Section 1. Repeal of Subsection A of Section 1-7 of Article l of the Subdivision Regulations of the Town of Goldsby. Subsection A of Section 1-7 of Article I of the Subdivision Regulations of the Town of Goldsby is hereby repealed in its entirety.

SECTION 2. Enactment and Adoption of New Subsection A of Section 1-7 of Article I of the Subdivision Regulations of the Town of Goldsby. A new Subsection A of Section 1-7 of Article I of the Subdivision Regulations of the Town of Goldsby is hereby enacted and adopted to read as follows:

1. Lot Split Exception. For purposes of this Lot Split exception to these regulations, “Existing Tract” or “Existing Parcel” shall mean any legally created parcel of land held in single ownership by lawful deed, court order, or other conveyance recorded in the McClain County land records twelve or more calendar months prior to the submission of an application for subdivision or lot split affecting that parcel. For purposes of this Subsection A, “three (3) or fewer lots” means that the Existing Tract or Existing Parcel will be divided into no more than three (3) total lots or parcels in the aggregate as a result of the proposed lot split, including any remainder parcel. The Town may treat multiple applications, conveyances, or divisions affecting the same Existing Tract or Existing Parcel (or any portion thereof)as a single application where the Town finds the actions are part of a Common Plan of Development or are undertaken to avoid these regulations. Whenever there is an Existing Tract or Existing Parcel, under single ownership, which is to be re-subdivided into three (3) or fewer lots, the proposed subdivision may be excepted from the procedural requirements of these regulations (i.e. Preliminary and Final Plats are not required); however, this shall not constitute an exception from the design and improvement requirements herein contained except as the application of such design and improvement requirements are limited in the circumstances by the laws of the State of Oklahoma. These exceptions, or “lot splits,” shall be considered, conditionally permitted or denied under the following provisions:
2. An accurate survey depicting the Existing Tract or Existing Parcel and the proposed re-subdivision thereof including the boundaries and legal description of each new tract or parcel resulting from the proposed Lot Split. The survey shall be prepared by a land surveyor registered in the State of Oklahoma, and shall be submitted to the Planning Commission together with the Application for Lot Split. The survey shall accurately depict the location of drainage ways, drainage easements, the proposed layout and width of any proposed interior street or roadway, the location and width each proposed interior street or roadway easement, the location of public utilities that will serve the lots, and the location of the public street(s) or roadway(s) to which the proposed lots abut and have assured access or will have assured access by proposed interior street or roadway and easement. ln addition to the survey, the Applicant shall provide: (i) a completed application on a form approved by the Town; (ii) an ownership and control disclosure identifying all owners of record and any persons or entities that directly or indirectly control, manage, or act in concert with the owner(s) of record; (iii) a disclosure of any prior Lot Splits or other divisions of the Existing Tract or Existing Parcel; and (iv) a written statement signed by the applicant stating that the application is not part of a Common Plan of Development and is not intended to avoid the platting requirements of these regulations or, if it is part of a Common Plan of Development, identifying the scope and status of such plan. The Planning Commission may deem an application incomplete and decline to schedule it until all required materials are submitted.
3. The Planning Commission shall review the proposed Lot Split to insure compliance with the provisions of this Lot Split exception and the design and improvement requirements of these regulations.
4. Upon approval, the Planning Commission Chairman shall certify the Lot Split by signing said document. ln approving any Lot Split, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of these regulations. lf the Lot Split application is subject to Town Board of Trustees consideration and approval as hereinafter provided, the application shall be forwarded to the Town Clerk together with the Planning Commission’s conditional approval, or denial. Upon denial, the Planning Commission Chairman shall state in public meeting or submit in writing the reasons for denial of the application. No Lot Split will be effective, and no building permit, development permit, or certificate of occupancy will be issued for any resulting lot or parcel, until the approved Lot Split certificate (together with any required easements or other recordable instruments) is recorded in the office of the County Clerk of McClain County, Oklahoma. The Applicant must record the approved documents within ninety (90) calendar days after approval (or such longer period as approved by the Town in writing), or the approval will lapse without further action by the Town.
5. Whenever a proposed Lot Split application is found to be part of a Common Plan of Development or whenever a deviation is required from improvement standards except as the application of such design and improvement requirements is limited in the circumstances by the laws of the State of Oklahoma, or a street or other element is to be dedicated, the Town Board of Trustees shall have final approval and acceptance rights; for all other “lot splits” the action of the planning commission shall be final. A Common Plan of Development shall be deemed to exist when any Existing Tract or Existing Parcel of land is, or any Existing Tracts or Existing Parcels of land are, to be divided or developed in a manner that is substantially related in time or by design, ownership, control, infrastructure, or purpose. For purposes of this ordinance, a Common Plan of Development is additionally indicated by:
6. The lawful division of any Existing Tract or Existing Parcel of land into multiple parcels greater than ten (10) acres where the parcels are created for purposes of further division and development and are conveyed to or held by common or related owners or separate limited liability companies or other legal entities that are owned, managed, or controlled by persons who are related by family, business association, or common financial interest. For purposes of this ordinance, Related Ownership includes individuals or entities with overlapping common plans for development of Existing Tracts or Existing Parcels, as well as individuals or entities with overlapping members, managers, officers, shareholders, partners, or family relationships within the second degree of consanguinity or affinity, as well as entities under common control or acting in concert.
7. Coordinated planning, marketing, or representation of parcels as part of a single project.
8. Shared or interconnected infrastructure, including roads, utilities, drainage systems, or common access.
9. Phased or sequential development of adjacent or nearby parcels under substantially similar plans, designs, or development objectives.
10. Multiple divisions, conveyances, or lot split applications involving contiguous parcels or parcels within the same section, quarter section, or other closely related geography, where the parcels are under Single Ownership, Related Ownership, or common control, or are transferred within twenty-four (24) months before or after the application.
11. The Planning Commission and the Town Board of Trustees, or either of them, may require such conditions to the granting of any Lot Split exception as will, in its judgment, secure substantially the objectives of the standards and requirements of these regulations and the laws of the State of Oklahoma and may deny any Lot Split application upon a finding that in its judgment the proposed Lot Split or proposed Common Plan of Development is or may become detrimental to public safety, health, or welfare.
12. Any Existing Tract or Existing Parcel which has been subject to more than three (3) lot split exceptions over any period of time shall not be allowed further use of the “lot split” exception, said tract shall be subject to the procedures contained herein for the platting of land.

SECTION 3. Subsection 1-15.vv “Lot Split” repealed and replaced. Subsection 1-15.vv “Lot Split” is hereby repealed and a new subsection 1-15.vv is hereby enacted and adopted to read as follows:

1. Lot Split: Any division or redivision of land into two (2) or more parcels by description utilizing the United States Public Land Survey System or by description utilizing metes and bounds, for the purpose, whether immediate or future, of transfer of ownership and which constitutes a “subdivision” as herein defined.

SECTION 4. New Subsection 1-15.JJJJ adopted. A new subsection 1-15.JJJJ is hereby enacted and adopted to read as follows:

JJJJ. Common Plan of Development: Any land division, subdivision or development activity that is part of a larger, coordinated, or related undertaking, regardless of the number of parcels created, the size of the parcels, or the number or identity of the owners of record.

SECTION 5. New Subsection 1-15.KKKK adopted, A new subsection 1-15.KKKK is hereby enacted and adopted to read as follows:

KKKK. “Single Ownership” Ownership of record of real property;

1. by one person or one legal entity;

2, by multiple persons holding undivided interests as joint tenants or tenants in common;

3. by one or more legal entities including but not limited to corporations, partnerships, limited liability companies, trusts, or estates holding undivided interests as tenants in common; or
4. by any combination of persons and legal entities holding undivided interests as tenants in common.

Additionally, for purposes of these subdivision regulations, parcels shall be considered under Single Ownership when all persons or entities holding title act jointly or in concert in any subdivision or lot split application.”

Section 6. Severability. lf any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, said portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion of this ordinance.

Section 7. Effective Date. This ordinance shall become effective thirty (30) days after its passage, approval, and publication as provided

PASSED, APPROVED AND ADOPTED this 9th day of JuIy 2026.

ATTEST:

/s/ Sandra J. Jenkins

TOWN CLERK

TOWN OF GOLDSBY

/s/ Michael Herrin

MAYOR

(SEAL)