These regulations shall be known and may be cited as the "Subdivision Regulations for Garden Plain, Kansas," and shall hereinafter be referred to as "these regulations."
It is the purpose of these regulations to provide for proper and harmonious development practices toward the goal of fostering wise use and conservation of the land resources of the Garden Plain Planning and Zoning jurisdiction. These regulations are intended to:
A. Protect and provide for the public health, safety and general welfare of the City.
B. Preserve the natural beauty and topography of the municipality and to insure appropriate development regarding these natural features.
C. Provide for adequate light, air, and privacy; to secure safety from fire, flood, and other danger; and to prevent overcrowding of the land and undue congestion of population.
D. Guide the future growth and development of the City in accordance with the Garden Plain comprehensive plan.
E. Establish reasonable standards of design and procedures for subdivision and re• subdivisions; to further the orderly layout and use of land to insure proper legal descriptions and proper documenting of subdivided land.
F. Provide for the actual construction of physical improvements.
G. Provide equitable processing of all subdivisions and land development proposals by providing uniform procedures and standards.
These regulations are adopted pursuant to powers and jurisdictions authorized by KSA 12-741 et seq. and other applicable laws, statutes, and regulations of the state and amendments thereto.
These regulations shall apply to all land located within the zoning jurisdiction of the City of Garden Plain, Kansas.
The regulations contained herein shall apply to the subdivision of a tract or parcel of land into two or more lots, tracts, or other divisions of land for the purpose of sale or building development, whether immediate or future, including the re-subdivision or re-platting of land or lots.
The following shall be exempt from the requirements of these regulations:
A. Any lot, parcel, or tract of land within the area of jurisdiction, that was legally subdivided, re-subdivided, or re-platted prior to the adoption of these regulations.
B. Any lot, parcel, or tract of land which has been ordered by law to be partitioned.
C. Correction of a legal description in a prior conveyance.
D. Land that is to be used for cemetery purposes.
E. A division of land in accordance with the provisions of these regulations which creates no more than one additional lot or tract and which does not involve any new streets or easements of access; is not located in area subject to flooding; which meets the standards set by these regulations for the disposal of sewage and for water supply including lot size; and which conforms with any applicable zoning regulations, provided that the resulting tracts shall not again be divided without re-platting.
F. A transaction between owners of adjoining land involving only a change in the boundary between the land owned by such persons and which does not create an additional lot, or which does not result in the creation of a substandard lot by either owner according to any applicable zoning regulations or sanitary code.
G. A division of land for agricultural purposes into parcels or tracts of not less than five acres, which will not involve any new streets or easements of access and will not affect major streets.
H. Land used for a public purpose including the dedication of a parcel of land for a public use or instruments relating to the vacation of land for a public use.
I. Land used for street or railroad right-of-way, a drainage easement, or other public utilities subject to local, state, or federal regulations, where no new street or easement of access is involved.
The City of Garden Plain, Kansas, has the right to confer with the subdivider/developer regarding the type and character of development that will be permitted in the subdivision and may require certain minimum regulations be incorporated in the subdivision and/or deed restrictions. Such regulations shall protect the character and value of the development within the subdivisions and the value of surrounding property.
A. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
B. These regulations are not intended to interfere with, abrogate, or annul any other resolution, regulation, statute, or other provision of law. Where any provision herein imposes restrictions, different from those imposed by any other provision of these regulations or any other resolution, regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
C. These regulations are not intended to abrogate any easement, covenant, or other private agreement, provided; however, that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement, the requirements of these regulations shall govern.
D. A subdivision of land which was not lawfully existing at the time of the adoption of these regulations shall not become or be made lawful solely by reason of the adoption of these regulations.
A. Unless the context clearly indicates to the contrary:
i. The word "shall" is always mandatory and the word "may" is always permissive.
ii. The words "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied."
iii. The word "building" includes "structure," and a building or a structure includes any part thereof.
iv. The singular number includes the plural and the plural the singular.
v. The present tense includes the past and future tenses and the future the present.
See ARTICLE V: DEFINITIONS. For the purposes of these regulations, certain numbers, abbreviations, and words used herein shall be used, interpreted, and defined as set forth in Article V. Any word or phrase which is defined in this Article, or elsewhere in these regulations, shall have the meaning as so defined whenever the word or phrase is used, unless such definition is expressly limited in its meaning or scope. The following words and phrases, when used in these regulations, shall have the meanings respectively ascribed to them.
A. PLAT APPROVAL REQUIRED. All plans, plats, or re-plats of land laid out in building lots, and the streets, alleys, or other portions of the same intended to be dedicated for public use, or for the use of purchasers or owners of the lots fronting thereon or adjacent thereto, shall be submitted to the Garden Plain Planning Commission for consideration. The Planning Commission shall submit its recommendation with the final plat to the Governing Body for review and final action.
B. APPROVALS REQUIRED FOR PLAT RECORDING. The Sedgwick County Register of Deeds shall not record any plat until it is approved by the Planning Commission and Governing Body and is signed by the Chairman and Secretary of the Planning Commission and the Governing Body of the City of Garden Plain.
C. VESTING OF DEVELOPMENT RIGHTS. The right to use land for a particular purpose shall vest upon the approval of the final plat, and in accordance with the designated zoning jurisdiction.
A. PRE-APPLICATION REQUIREMENTS. Prior to the filing of a preliminary plat, the subdivider/developer shall contact the City to determine:
i. Subdivision requirements and regulations.
ii. Procedure and requirements for filing of plat(s), including stormwater and drainage plans.
iii. Availability of an approved public sewer system and water system.
iv. Comprehensive plan requirements for major streets, land use, parks, greenspace, easements, schools, and public open spaces.
v. Zoning requirements for the property being subdivided and adjacent properties.
vi. Special setback requirements for arterial, collector, and local streets.
A. The subdivider/developer shall submit a preliminary plat together with required supplementary information (including a comprehensive stormwater/drainage report and plan, prepared by a licensed engineer) to the City’s Zoning Administrator. The plat and accompanying documentation shall be filed with the Zoning Administrator at least twenty (20) days prior to the next regular meeting of the Planning Commission. The subdivider/developer shall submit such number of copies (either hard copy or digital) of the preliminary plat as may be determined necessary for proper review by affected and interested governmental and public and private organizations and entities.
B. A filing fee shall be paid in an amount as required by a schedule of fees determined by the Governing Body. The preliminary plat shall not be accepted for filing until the filing fee has been paid by the subdivider/developer.
C. After the filing of the preliminary plat, the Zoning Administrator shall distribute copies to affected and interested governmental and public and private organizations as appropriate. Organizations receiving copies shall have ten (10) business days to review the preliminary plat and to make their report and recommendations to the Zoning Administrator. A lack of response within ten (10) days shall, at the discretion of the Zoning Administrator, signify approval.
D. The Planning Commission shall review the preliminary plat and staff report provided by the Zoning Administrator to determine compliance with these regulations, zoning resolutions, city code, and the Comprehensive Plan for the City. If all considerations are satisfied, the Planning Commission shall approve, by signature, the preliminary plat.
E. If the Planning Commission determines that the preliminary plat does not satisfy the applicable requirements, it may:
i. Allow the subdivider/developer to amend the preliminary plat so as to incorporate such modification(s) and resubmit the preliminary plat for staff review and approval prior to being presented to the Planning Commission. After re-submission the Planning Commission may grant its approval, provided that all modifications are made under the original agreement and as agreed upon.
ii. Should the subdivider/developer reject the requested modifications, the effect shall be disapproval and the Planning Commission shall furnish the subdivider/developer with a written statement setting forth the reasons for disapproval.
F. In any event, the Planning Commission shall approve or disapprove the preliminary plat within sixty (60) days from the date of filing or from the date the subdivider/developer has submitted the items of requested and required information, whichever date is later, unless such time is extended by mutual consent.
G. Approval of the preliminary plat shall have the following effects:
i. Such approval shall be considered permission to submit the final plat to the Planning Commission.
ii. Approval for submission of the final plat shall be effective for no more than one (1) year from the date approval was granted but an extension of time may be granted for good cause for a maximum period of six (6) months.
A. A final plat, as an electronic copy, and together with a sufficient number of hard copies (as determined by the Zoning Administrator) shall be filed within twelve (12) months of the date of approval of the preliminary plat. The application for approval shall be filed with the Zoning Administrator at least twenty (20) days prior to the next regular meeting of the Planning Commission.
B. The Planning Commission shall, within sixty (60) days after the final plat has been filed with the Zoning Administrator, review and approve the final plat if:
i. It is substantially the same as the approved preliminary plat; or
ii. There has been compliance with all conditions which may have been attached to the approval of the preliminary plat; and
iii. It complies with all of the provisions contained in these regulations and of other applicable regulations or laws.
iv. The subdivision or re-subdivision of the tract of lots does not place an existing permanent structure in violation of the requirements of the zoning regulations.
C. Before a final plat is recorded, it shall be submitted to the Governing Body for its approval and acceptance of dedications for streets and other public ways, service and utility easements, and any land dedicated for public use. If the Governing Body disapproves the final plat, they shall advise the subdivider/developer in writing of the reasons for such disapproval and return it to the Planning Commission for additional review and/or reworking of the proposed final plat to come into compliance with Garden Plain’s current zoning ordinances, subdivision regulations, and/or other development requirements, laws, and ordinances.
D. The final plat, with all required signatures and in the exact form as approved by the Governing Body, shall be recorded by the subdivider/developer with the Sedgwick County Register of Deeds. The sub-divider shall pay the recording fee. Approval of the final plat by the Planning Commission and the Governing Body shall be null and void if the plat is not acceptable for recording in the office of the Register of Deeds or is not recorded within sixty (60) days after final approval by the Governing Body. The Register of Deeds shall reproduce copies of the recorded plat for the record keeping purposes of County and other governmental agencies.
A. For certain small tracts, the Zoning Administrator and/or City Administrator and/or Planning Commission in their absence, may approve an abbreviated platting process, or a one-step plat, simply a final plat with all required information recorded. This process still requires stormwater and drainage plans and other required specifications. To qualify, the proposed subdivision shall comply with the following requirements:
i. The subdivision shall not include more than ten (10) acres for a residential development, or more than five (5) acres for any other type of development.
ii. The proposed subdivision shall not create more than five (5) lots, tracts, or parcels of land.
iii. The plat shall not create new streets or access easements or other improvements requiring dedication of public spaces or rights-of-way.
B. The plat shall be prepared in the manner required for final plats by these regulations, including all information, documentation, and certifications.
C. To facilitate timely processing and review of plats qualifying for the one-step process, the Zoning Administrator may require the subdivider/developer to submit supplemental information with the plat, particularly where there are special site conditions such as watercourses, drainage, or other unique features. A digital copy of the plat, along with sufficient hard copies of the plat (as determined by the Zoning Administrator) and supplemental information shall be submitted to allow for review by affected and interested governmental units and the general public.
D. The approval process for one-step plats shall be the same as that specified by these Regulations for a final plat, except for the requirement of an approved preliminary plat.
E. The plat shall be filed for processing and approval in the same manner as required for preliminary and final plats by these Regulations. See SECTION 16 of this Article for full documentation requirements for plats.
A. PRELIMINARY PLAT.
i. General Information. The preliminary plat shall be prepared by a registered land surveyor, licensed engineer, or registered landscape architect and shall be drawn to a scale of not more than 100 feet to an inch on a sheet with dimensions of 24 by 36 inches. Sheets shall be numbered in sequence if more than one (1) sheet is used. The plat shall contain the following:
a. Name:
(1) Name of subdivision of property is within an existing subdivision.
(2) Proposed name if property is not within a previously platted subdivision. This name shall not be so similar to any existing subdivision name as to cause confusion.
b. Ownership:
(1) Name, address, and telephone number of legal owner or agent of property and citation of last instrument conveying title to each parcel or property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference.
(2) Citation of any existing legal rights-of-way or easements affecting the property.
(3) Existing covenants on the property, if any.
(4) Name, address, and telephone number of the professional person responsible for surveys, subdivision design, and for the design of public improvements.
c. Description: Location of property by government lot, section, township, range and county, north arrow, graphic scale, written scale, and date of preparation.
ii. Existing Conditions.
a. Location of property lines, the location of existing easements, burial grounds, railroad rights• of-way, watercourses, and wooded areas.
b. Location, width, and names of all existing or platted streets or other public right-of-ways within or immediately adjacent to the tract and the location and width of proposed streets.
c. Location and sizes of existing sewers, water mains, culverts, wells, septic tanks, and other underground structures within the tract and immediately adjacent thereto; existing permanent buildings and utility poles on or immediately adjacent to the site and utility rights-of-way.
d. A vicinity map showing streets and other general development of the surrounding area.
e. The location of pertinent features such as swamps, parks, bridges, and towers.
f. Whenever the plat covers only a part of an applicant's contiguous holdings, the applicant shall submit, at a scale of not more than 200 feet to the inch, a sketch of the proposed subdivision area, together with its proposed street system and an indication of the probable future street and drainage system of the remaining portion of the tract.
g. The location, bearings, and dimensions of all boundary lines of the property to be expressed to the nearest foot; this boundary survey shall be prepared by a registered land surveyor.
h. Contour lines or spot elevations based on Mean Sea Level (MSL) or other data point approved by the Planning Commission having the following minimum intervals:
i. Two (2) foot contour intervals for ground slopes less than 10 percent.
ii. Five (5) foot contour intervals for ground slopes exceeding 10 percent.
iii. Spot elevations where the ground is too flat for contours.
i. The date of the topographic survey(s) shall be shown including the location, elevation, and description of the benchmark controlling the vertical survey and the location of existing monuments and survey markers.
j. The locations and dimensions of all proposed or existing lots expressed to the nearest foot.
k. The locations and dimensions of all property proposed to be set aside for park and playground use, or other public or private reservation, with designation of the purpose thereof, and conditions, if any, of the dedication or reservation.
l. The date of the plat, approximate north point, graphic and written scale, and sufficient data acceptable to the city engineer to determine readily the location, bearing, and length of all lines, and to reproduce such lines on the ground, the location of all proposed monuments.
m. Names of all new streets.
n. Front yard setback lines for all lots and portions of lots as required by the zoning regulations.
o. Blocks shall be consecutively numbered. All lots and blocks shall be consecutively numbered.
p. A statement of the use of all lots as proposed by the applicant.
q. Explanation of drainage easements, site easements, and reservations, if any.
r. A statement as to the general nature and type of improvements proposed for the subdivision, and in what manner the sub-divider intends to finance and provide for their installation, e.g., petition, actual construction, monetary guarantee, etc.
s. The lack of information under any specified item herein, or improper information supplied by the applicant, shall be cause for disapproval of a preliminary plat until corrected.
B. FINAL PLAT.
1. The final plat shall be submitted in the form of an original drawing in waterproof ink on mylar to a scale no smaller than one (1) inch to 100 feet on a 24 by 36 inch sheet. The final subdivision plat shall be prepared by a registered land surveyor. It is desirable that the drawing of the final plat appear on a single sheet. When this is impossible, a small- scale key map shall appear on the first sheet showing the entire area platted and the sheet on which each platted area appears. All revision dates must be shown as well as the following:
a. Name of the subdivision.
b. Vicinity map showing the location of the subdivision relative to adjacent subdivisions, tracts, and other area development.
c. A legal description prepared by a registered land surveyor of the tract being subdivided.
d. The perimeter boundary lines of the subdivision showing all property corners, land lines, distances, bearings and angles, and other references used in the legal description of the tract. The boundary of the platted areas should be accurately indicated by a heavy solid line.
e. All lot lines, right-of-way lines, streets, and easements shall be shown with their dimensions to the nearest one hundredth (0.01) of a foot and in actual respective location.
f. All easements shall be denoted by fine dashed lines, clearly identified, and if already on record, the recorded reference of such easements. If an easement is not definitely located on record, a statement of such easement shall be included. The width of the easement with sufficient ties to locate it with respect to the subdivision must be shown. If the easement is being dedicated through the plat map, it shall be properly referenced in the owner's certificate of dedication and identification.
g. Block numbers or letters continuing consecutively without omission or duplication throughout the subdivision. Such identification shall be solid, of sufficient size and thickness to stand out, and so placed as not to obliterate any figure.
h. Lot numbers beginning with the number one and numbered consecutively in each block.
i. Minimum front yard building setback lines as established by applicable zoning or other regulations or more restrictive setbacks if desired by the subdivider/developer.
j. The width of the portion of the streets being dedicated and the width of any existing rights-of-way.
k. The name of each street shown on the subdivision plat.
l. Land parcels to be dedicated for any purpose, public or private, to be distinguished from lots or tracts intended for sale.
m. Protective covenants, if any, shall be lettered on the final plat or submitted on a separate sheet with appropriate references made on the final plat and signed by the subdivider/developer and/or owner.
n. Any restrictions in addition to the protective covenants shall be lettered on the plat, such as Base Flood Elevations (BFE).
o. The flood fringe and floodway, of any floodplain, shall be identified on the plat.
p. North point, graphic scale, written scale, and date of preparation.
q. Sufficient information shall be shown on the plat to allow an experienced surveyor to locate or relocate all points and lines shown on the plat, including all pertinent curve data. The error of closure of the boundaries of any enclosed area within the plat shall not exceed one (1) foot in 3,000 feet.
2. Prior to filing the final plat with the Sedgwick County Register of Deeds, all boundary, block, and lot comers shall be marked by iron monuments no smaller than three-quarters (3/4) inch in diameter and three (3) feet in length, driven into the ground flush with the existing ground surface. Subdivision boundary corners shall be monumented with an iron bar no smaller than three• quarters (3/4) inch in diameter and 30 inches in length, set rigidly in concrete.
3. It is the responsibility of the property owner, applicant, or their agent to pay for all fees and file the final plat with the Sedgwick County Register of Deeds following approval by the Planning Commission and Governing Body.
4. The following certificates, duly signed as appropriate, shall appear on the final plat upon its submittal (continued on the following pages):
SURVEYOR'S CERTIFICATE
STATE OF KANSAS )
) ss
COUNTY OF SEDGWICK COUNTY )
I, the undersigned, do hereby certify that I am a registered land surveyor in the State of Kansas, with experience and proficiency in land surveying; that the heretofore described property was surveyed and subdivided by me, or under my supervision; that all Subdivision Regulations of the City of Garden Plain, Kansas, have been complied with in the preparation of this plat; and that all of the monuments shown herein actually exist and their positions are correctly shown to the best of my knowledge and belief.
Given under my hand and seal in ______________, Kansas, this________ day of ___________________, 20____.
COUNTY SURVEYORS CERTIFICATE
STATE OF KANSAS )
) ss
COUNTY OF SEDGWICK COUNTY )
Reviewed by the Sedgwick County Surveyor this ________ day of ___________________, 20____. This survey has been reviewed for filing, pursuant to K.S.A. 58-2005 and K.S.A. 58-2001 for content only and is in compliance with those provisions. No other warranties are extended or implied.
_______________________________
Surveyor, L.S. Number
OWNER'S CERTIFICATION AND DEDICATION
STATE OF KANSAS )
) ss
COUNTY OF SEDGWICK COUNTY )
This is to certify that the undersigned owner(s) of the land described in the Survey Certificate; have caused the same to be surveyed and subdivided on the accompanying plat into lots, blocks, streets, and other public ways under the name of , are hereby dedicated to and for the use of the public for the purpose of constructing, operating, maintaining, and repairing public improvements; and further that the land contained herein is held and shall be conveyed subject to any restrictions, reservations, and covenants on file or hereafter filed in the Office of the Register of Deeds of Sedgwick County, Kansas.
Owner:____________________________________ Date Signed: _________________
PROTECTIVE COVENANTS
(Note: if applicable)
Purchase and subsequent improvement of lots within the Subdivision shall be subject to the provisions of "Protective Covenants of the Subdivision" submitted separately herewith.
Owner: ____________________________________ Date Signed: __________________
ABSTRACTOR CERTIFICATE
STATE OF KANSAS )
) ss
COUNTY OF SEDGWICK COUNTY )
I, the undersigned, being a duly licensed and bonded abstractor or an authorized representative thereof, hereby certify that the above is the legal owner(s) of the property shown on this plat.
Dated this _________ day of ____________________, 20____.
NOTARY CERTIFICATE
STATE OF KANSAS )
) ss
COUNTY OF SEDGWICK COUNTY )
The foregoing instrument was acknowledged before me this _______day of________________, 20____.
__________________________________
Notary Public
(SEAL)
My appointment expires: _______________
PLANNING COMMISSION CERTIFICATE
STATE OF KANSAS )
) ss
COUNTY OF SEDGWICK COUNTY )
This plat was approved by the Garden Plain Planning Commission on the ________ day of __________________, 20____, and was recommended for approval by the City Council of Garden Plain, Kansas.
________________________________________
Planning Commission Chairman
ATTEST:
________________________________________
Planning Commission Secretary
CITY COUNCIL'S CERTIFICATE
STATE OF KANSAS )
) ss
COUNTY OF SEDGWICK COUNTY )
This plat is approved, and all dedications shown on this plat, if any, are hereby accepted by the Garden Plain City Council on this _______day of________________, 20____.
________________________________________
Mayor
ATTEST:
________________________________________
City Clerk
COUNTY CLERK CERTIFICATE
STATE OF KANSAS )
) ss
COUNTY OF SEDGWICK COUNTY )
I do hereby certify that there are no delinquent general taxes, no unpaid current general taxes, no unpaid forfeited taxes, and no redeemable tax sales against any of the land included in this plat.
I further certify that I have received all statutory fees in connection with the plat.
Given under my hand and seal in in ______________, Kansas, this________ day of ___________________, 20____.
________________________________________
Sedgwick County Clerk
CERTIFICATE AS TO SPECIAL ASSESSMENTS
STATE OF KANSAS )
) ss
COUNTY OF SEDGWICK COUNTY )
I do hereby certify that there are no delinquent or unpaid current or forfeited special assessments or any deferred installments thereof that have not been apportioned against the tract of land included in this plat.
Given under my hand and seal this________ day of ___________________, 20____.
________________________________________
Sedgwick County Clerk
CERTIFICATE OF THE CITY ATTORNEY
STATE OF KANSAS )
) ss
COUNTY OF SEDGWICK COUNTY )
Approved this________ day of ___________________, 20____. City attorney for the City of Garden Plain, Kansas.
________________________________________
City Attorney
TRANSFER RECORD
Entered on transfer record this________ day of ___________________, 20____.
________________________________________
REGISTER OF DEEDS
REGISTER OF DEEDS CERTIFICATE
STATE OF KANSAS )
) ss
COUNTY OF SEDGWICK COUNTY )
This is to certify that this instrument was filed for record in the Sedgwick County Register of Deeds Office at ____________a.m./p.m., on the________ day of ___________________, 20____.
(SEAL)
________________________________________
Register of Deeds
5. The final plat shall also contain all other certifications, approvals and acceptances that are now, or which may hereafter be, required by any statute or regulation. The form of these certifications may be modified as necessary by the City's Zoning Administrator or legal counsel to meet statutory or other requirements.
6. The following additional information shall be submitted with the final plat:
a. A copy of any restrictive covenants (if any) applicable to the subdivision.
b. A title report by an abstract or a title insurance company, or an attorney's opinion of title, showing the name of the owner of the land and all other persons who have an interest in, or an encumbrance on the plat. The consent of all such persons shall be shown on the plat.
7. It is the responsibility of the subdivider/developer to file the plat with the Sedgwick County Register of Deeds' office within sixty (60) days of the date of signature. If the plat is not recorded within sixty (60) days, the Planning Commission may rescind their approval of the plat, or may grant a continuance for circumstances that they deem extenuating.
A. GENERAL GUIDELINES.
1. In addition to the requirements established herein, all subdivision plats shall comply with all applicable ordinances of the City, all City policy documents, including all streets, drainage systems, and parks shown on officially adopted plan; any rules of the local health department and/or the state department of health; the rules of the state department of transportation if the subdivision or any lot contained therein abuts a state highway or connecting street; the standards and regulations adopted by the City engineer, and all boards, commissions, and officials of the City and County.
2. Whenever County, State or other applicable regulations impose more restrictive standards and requirements than those outlined herein, the more restrictive regulations shall control.
3. Subdivision plats shall conform to the following general guidelines:
a. All portions of a tract being subdivided, unless otherwise permitted, shall be designed as lots, streets, planned open spaces, or other uses to avoid creation of vacant landlocked spaces.
b. Subdivisions and land developments shall be laid out so as to avoid the necessity for excessive cut and fill.
c. Whenever possible, developers shall preserve trees, groves, waterways, scenic points, historic sites, and other local assets and landmarks.
d. Land subject to flooding or other hazards to life, health, or property, and land deemed to be unsuitable from the standpoint of geology, soil conditions, or topography, shall not be platted for residential occupancy or other such purposes as may increase danger to health, life, or property, nor aggravate erosion or flood hazard, unless all such hazards are properly mitigated through the subdivision planning process, as hereinafter provided.
e. All subdivisions shall have frontage on and have direct access to a public right-of• way.
B. PUBLIC AND COMMUNITY FACILITY REQUIREMENTS.
1. In reviewing subdivision plats, the Zoning Administrator and/or in their absence, the Planning Commission, shall consider the adequacy of existing or proposed public facilities to serve the additional dwellings proposed by the subdivision. Examples include community centers, splash pads, pools, parks and playgrounds, trails, greenspace, church, city, county, or school properties, etc.
2. Where deemed essential by the Zoning Administrator and/or Planning Commission in their absence, and upon consideration of the particular type of development proposed and especially in large scale residential developments, the Planning Commission may require the dedication or reservation of such areas or sites of an extent and location suitable to the needs created by the development.
3. Areas provided for or reserved for community facilities shall be adequate to provide for building sites, landscaping, and off-street parking, as appropriate to the use proposed.
4. Areas set aside for recreational purposes, such as playgrounds in manufactured home parks, shall be of adequate size and configuration to accommodate the intended use. They should be so located as to serve all the residents, and in large developments, more than one such area may be required to serve the residents in close proximity to their dwellings.
C. CHARACTER OF THE LAND.
1. Land that the Planning Commission, at the recommendation of city staff, finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formation, adverse earth formations or topography, utility easements, or other features which will reasonably be harmful to the safety, health, and general welfare of inhabitants of the land and surrounding areas shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Planning Commission and Governing Body to solve the issues and concerns.
2. No land subject to a flood having a chance occurrence in any one year of one percent, including, but not limited to, areas identified by the Federal Flood Insurance Administration as having special flood hazards, shall be subdivided for residential use or any other use which would be incompatible with such flooding except as provided below:
a. Land subject to periodic flooding, or which has inadequate drainage, may be subdivided only if improvements or structures are designed by an engineer to ensure adequate flood proofing and a Base Flood Elevation (BFE) is met for construction. Proposals for subdivision of land in such areas shall include engineering evidence that the proposed development will:
i. Not unduly restrict or block the conveyance and movement of flood water.
ii. Not result in an increase in height of the flood water of more than one (1) foot.
iii. Require residential structures to have the lowest floor (including basement) to be at least one (1) foot above such Base Flood Elevation (BFE) or flood level or non-residential structures to be elevated or flood-proofed to at least one (1) foot above such flood level.
iv. Meet all zoning requirements for identified flood hazard areas.
b. New or replacement water supply and/or sanitary sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. It is also required that on- site sewage disposal systems shall be located to avoid their impairment or contamination during flooding.
D. STREETS, ALLEYS, AND PUBLIC RIGHT - OF- WAYS.
1. The arrangement, character, extent, width, grade, and location of all streets shall conform to the intent of the Comprehensive Plan and shall be considered in relation to existing and planned streets; to reasonable circulation of traffic within the subdivision and adjoining lands; to topographical conditions; to the runoff of storm water; to public convenience and safety; and in their appropriate relations to the proposed uses of the land to be served by such streets.
2. Streets shall be logically related to topography to produce reasonable grades, satisfactory drainage, and suitable building sites.
3. Dead end streets shall be prohibited, except as stubs, to permit future street extensions into adjoining tracts or when designed as cul-de-sacs with turnaround provisions.
4. Stub streets, greater in length than one lot depth, shall be provided with a temporary turnaround, to the standards required for cul-de-sacs, or shall be paved to the full width of the right-of-way for the last fifty (50) feet of their length.
5. Streets that are obviously in alignment with other already existing and named streets shall bear the names of the existing streets. Street names should not be similar to already platted street names.
6. Arterial streets through subdivisions shall conform to the major street plan of the Comprehensive Plan as adopted by the Planning Commission and the Governing Body.
7. Local streets should be designed to discourage through or non-local traffic. Local streets should not intersect arterial streets.
8. Cul-de-sacs shall meet the following minimum standards:
a. The maximum length of a cul-de-sac street shall be five hundred (500) feet, but a length of up to one thousand (1,000) feet may be approved by the Planning Commission if conditions warrant.
b. Cul-de-sacs shall have at the closed end a turnaround with a right-of-way having a minimum outside radius of not less than one hundred (100) feet and shall be surfaced to a radius of not less than sixty (60) feet. Due to public safety reasons, this item is not subject to a variance.
c. Drainage of a cul-de-sac shall preferably be toward the open end.
9. Where lots front or side, but do not back, on railroad rights-of-way, major streets, or highways, a marginal access street, or frontage road shall be provided, parallel and adjacent to the boundary of such right-of-way. The distance of the street from said right• of-way shall be determined with due consideration given to minimum distance required for approach connections to future grade separations or intersections. The right-of-way of such frontage road shall be sixty (60) feet.
10. The Planning Commission may recommend to the City Council that the requirement for a frontage road be waived if:
a. Existing physical conditions make it improbable that a frontage road could be constructed.
b. A hardship is created, and the full use of the property cannot be obtained, for lots or tracts that existed prior to the effective date of this Resolution.
11. Dedication of half-streets, or one lane roads will not be approved.
12. All streets, alleys, and public right-of-ways included in any subdivision, hereafter dedicated and accepted, shall be not less than the minimum dimension for each classification as follows:
Table 35
|
Major Streets: |
Minimum Right-of-Way
Width |
Maximum Grade |
|
Arterials |
100 Feet |
6% |
|
Collectors |
80 Feet |
8% |
|
Local Streets: |
|
|
|
Residential |
60 Feet |
10% |
|
Industrial & Commercial |
80 Feet |
6% |
|
Cul-de-sacs |
60 Foot radius on turn-around |
|
|
Marginal Access Streets
or Frontage Roads: |
|
|
|
Two-Way (no one-way roads are allowed) |
60 Feet |
10% |
|
Alleys |
20 Feet |
10% |
|
Pedestrian Ways |
10 Feet |
|
13. The minimum street dimensions may be modified by the City, as necessary, for special conditions such as parallel drainage and roadway systems, utility requirements, pedestrian movement, grade problems, intersection design, and similar considerations.
14. To ensure proper street layout and function, street alignment shall conform to the following:
a. Whenever street lines are deflected in excess of five (5) degrees, connection shall be made by horizontal curves.
b. Residential streets should approach major streets at an angle of not less than 80 degrees or more than one hundred (100) degrees.
c. Wherever possible, there shall be an inside tangent at least 100 feet in length between reverse curves on arterial and collector streets.
d. Streets shall be laid out to provide for horizontal sight distances on all curves depending upon design speed. These distances shall be:
Horizontal
Arterial Streets: 500 feet
Collector Streets: 300 feet
Local Streets: 200 feet
Arterial Streets: 350 feet
Collector Streets: 300 feet
Local Streets: 200 feet
The sight distance shall be measured within street rights-of-way from a height of four-and one-half (4-1/2) feet above the proposed pavement surface in the right- hand lane of the roadway.
e. Street jogs should be avoided on arterial and collector streets. On local streets, centerline offsets of less than 150 feet should be avoided.
f. Multiple street intersections, involving the junction of more than two (2) streets, shall be avoided. Where this proves impossible, the intersection shall be designed with extreme care for both pedestrian and vehicular safety.
15. Street and roadway grades should not exceed the following recommended standards:
a. Centerline grades should not be less than one (1) percent.
b. The maximum street grades for residential streets should be no greater than ten (10) percent.
16. No street names shall be used which will duplicate or be confused with the names of existing streets. Existing street names shall be used where they are or would be logical extensions of existing streets even though separated by undeveloped land.
17. Clear sight triangles of 90 feet measured along the street centerlines from their points of junction shall be provided at all intersections, and no obstruction shall be higher than two and one-half (2½) feet above the grades of the bottom of the curb of the intersecting streets within the sight triangle.
18. Alleys shall conform with the following standards:
a. Alleys shall be provided in commercial and industrial areas, except that the Planning Commission may recommend waiving this requirement where other definite and assured provision is made for service access, such as off- street loading, unloading, and parking spaces consistent and adequate for the uses proposed. Alleys in residential districts are optional, unless recommended or required by the Planning Commission.
b. When provided, the minimum width of an alley shall be 20 feet.
c. Alley intersections and sharp changes in alignment shall be avoided, but where necessary, a turning radius shall be provided to permit safe vehicular movement.
d. Dead end alleys shall be avoided where possible, but if unavoidable, alleys shall be provided with adequate turnaround facilities at the dead end.
19. Where alleys are not provided, permanent easements of not less than 10 feet in width shall be provided on all rear lot lines (and on side lot lines where necessary) for utility poles, wires, and conduits; sanitary sewers; gas and water mains; and other public utilities and drainage requirements.
a. A 12-foot temporary construction easement shall be provided on each side of the permanent easement required above for initial construction of water, sewer, and other utility lines.
b. Where a lot or group of lots, side or back on an existing high pressure oil line or high-pressure gas line, a 75-foot easement shall be provided on each side of said oil line or gas line. The 75-foot easement shall be provided on any part of the lot which abuts the oil line or gas line, and no building or structure shall be located or constructed within said 75-foot easement.
20. If a subdivision is traversed by a watercourse, drainageway, or channel, a storm water easement or drainage right-of-way shall be provided. Such easement or right-of-way shall conform substantially to the lines of such watercourse and shall be of such width or construction, or both, as may be necessary to provide adequate storm water drainage and for access for maintenance purposes.
1. The length, width, and shape of blocks shall be determined with due regard to the following:
a. Provision of adequate sites for type of buildings proposed.
b. Zoning requirements as to lot size, dimension, and minimum lot area per dwelling unit.
c. The limitations and opportunities of the topography.
d. Requirements for safe and convenient vehicular and pedestrian circulation and access.
e. The limitations and characteristics of the soil and slope relative to the requirements for the installation of utilities, including any unusual requirements for septic lateral fields, package processing plants, or sewage holding lagoons.
2. Blocks should not exceed one thousand three hundred twenty (1,320) feet in length unless topographic conditions justify a variation. In general, blocks shall not be less than three hundred (300) feet unless necessary because of existing street patterns.
3. All blocks shall be so designed so as to provide two tiers of lots, unless a different arrangement is required in order to comply with or be permitted by other sections of these regulations.
4. Blocks may be irregular in shape, provided they are harmonious with the overall pattern of blocks in the proposed subdivision.
5. In extra-long blocks, a public pedestrian way may be required to provide access to public or private facilities such as schools or parks.
1. Lot size, width, depth, shape, orientation, and minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
2. Lot dimensions shall conform to the minimum standards of any applicable zoning regulations or sanitary code based on availability of a public water supply and/or a public sewer system, unless higher standards are required in accordance with these regulations.
3. Minimum lot width shall be measured at the building setback line; however, in no case shall the lot width be less than 50 feet at the front property line. In addition, corner lots should have a width 15 feet greater than the minimum width.
4. Minimum lot depth shall be 100 feet. (Said measurement shall be made through the center of the lot and shall be perpendicular to the property line or radial to the property line on curved streets).
5. As a general guideline, the maximum depth of lots shall not exceed two-and one-half (2 ½) times the width thereof.
6. Corner lots shall have extra width where necessary to permit appropriate building setback from and orientation to both streets.
7. Side lines of lots shall be at right angles or radial to the street line, or substantially so.
8. Residential lots shall front on a residential street, existing or proposed, and this requirement shall not be satisfied by providing an access easement to the street.
1. In the interest of public safety and for the preservation of the traffic-carrying capacity of the street system, the Planning Commission and Governing Body shall have the right to restrict and regulate points of access to all property from the public street system.
2. The design of the subdivision shall provide for efficient traffic flow, proper mixing of land uses, and a logical link between surrounding, existing development and the proposed layout. The Comprehensive Plan should be used as a guide in determining if the design of the proposed subdivision is proper. The Planning Commission shall have the authority to deny a plat or request redesign, if, in its opinion, the layout is not suitable for the site, or if the development of the subdivision would be premature.
3. For any development over one (1) acre in size the subdivider/developer is required to have an engineer's study prepared to determine the amount of increased stormwater runoff that will be created by the proposed development and a plan for how this runoff will be accommodated, as required by KDHE. The City may require design modification of the proposed stormwater system to reduce increased runoff.
4. Any subdivider/developer or individual property owner may (allow for) the use of both passive and/or active solar energy systems, in accordance with all city, state, federal, and Kansas Corporation Commission (KCC) regulations, and needed permitting and approval processes.
A. DETERMINATION OF NEED. In subdividing land, due consideration shall be given by the subdivider/developer/property owner to the dedication or reservation of sites for schools, parks, playgrounds, and other public areas or open spaces. Any areas so dedicated or reserved shall conform with the recommendation of the Comprehensive Plan and to the recommendations of the Planning Commission. All areas to be reserved for, or dedicated to, public use shall be indicated on the preliminary and final plat in order that it may be determined when and in what manner such areas will be dedicated to or acquired by the appropriate agency.
B. DEDICATION OF SITES. After proper determination of its necessity by the Planning Commission, and Governing Body and the appropriate City official or public agency involved in the acquisition and use of each such site and a determination has been made to acquire the site by the public agency, the site may be dedicated by the applicant to the City or other appropriate agency on the final plat.
A. IMPROVEMENT PROVISIONS. As a condition of approval of the final plat, the subdivider/developer shall agree to install, or provide for the installation of, the following necessary facilities and improvements:
1. All roadways, alleys, curbs, gutters, culverts, and other street drainage facilities in the subdivision in accordance with standard specifications provided by the City. All paved streets shall be constructed of concrete or asphalt.
2. Sidewalks, when required, shall be constructed in accordance with specifications provided by the City under the following conditions:
i. Sidewalks shall be installed on both sides of all arterial and collector streets, and sidewalks shall be required on both sides of the streets in commercial districts.
ii. All sidewalks shall be not less than four (4) feet in width and made of concrete and shall comply with the specifications as set forth by the Governing Body.
iii. Sidewalks shall be located in the platted street right-of-way, adjacent to property line where possible.
iv. Per Kansas state statute, responsibility for maintenance and/or replacement of sidewalks remains with the adjacent property owner, unless the City adopts additional ordinances and/or city or zoning codes to the contrary, noting shared costs or reimbursement of a portion or all of the cost of repairs or replacement.
3. The subdivider/developer shall be responsible for providing and paying the full cost for the proper installation of all utilities, including sanitary sewers and connection to approved treatment facilities, water supply, natural gas, electricity, stormwater and drainage plans, specifications, and infrastructure and other necessary, essential services. Such utilities shall be installed according to the specifications of the controlling utility company, public agency, or the City.
4. All utility service lines shall be placed underground, except that this provision shall not include meters, electric and telephone service pedestals, transformers, three-phase feeder lines, sub-transmission and transmission lines (34.5kv and above), electrical substations and such other facilities as the utility may deem necessary to install utilizing "overhead" type construction.
i. All gas meters must be located within three (3) feet of the building foundation if located within front yards in all subdivisions. All of the above will apply to any final plat which is approved by the Planning Commission after the passage of these regulations.
ii. Fire Hydrants, in accordance with the standards of the applicable water supplier, but not less than the minimum standards of the National Board of Fire Underwriters, shall be provided wherever there shall be constructed a water supply system capable of sustaining fire hydrant service.
B. STORMWATER AND DRAINAGE. A stormwater drainage system shall be provided, separate, and independent of the sanitary sewer system, meeting all of the standard specifications provided by the City. Such stormwater drainage shall be connected to any existing stormwater drainage system, where available, or if such connection is not available, other adequate means for the discharge shall be provided into the nearest major water channel.
C. CULVERT REGULATIONS.
1. DUTY TO INSTALL, MAINTAIN, AND REPLACE. Culverts shall be ordered, delivered, and installed by the developer and/or property owner or their contractor. Culvert standards are the same as those established by MABCD, and for residences located within Sedgwick County versus the City.
i. Culverts shall be installed for each driveway crossing an open existing or proposed ditch.
ii. It is the duty of each homeowner to maintain all driveway culverts on such owner’s property in good condition and repair and properly functioning. If any construction or landscape activity damages a culvert, the owner performing such work shall cause it to be repaired, straightened, or trim bent or damaged metal ends. If a culvert is undersized for the stormwater flows that it should be able to accommodate or fails to move the necessary amount of stormwater due to structural failure, degradation, or wear and tear, then the owner of the property, after obtaining a building or curb-cut permit in accordance with City of Garden Plain codes, shall replace the culvert with a new and properly sized culvert. The Zoning Administrator and/or City Engineer’s determination on the need for repair or replacement shall be final.
iii. Culverts which are not kept and maintained in good condition and repair and properly functioning are hereby declared to be a public nuisance and may be abated by the City in accordance with this code, and the costs of abatement shall be placed as a lien against the property through Sedgwick County.
2. PERMITTED MATERIALS. Existing culverts of corrugated metal pipe installed before the date of the adoption of these regulations shall be permitted to remain in place, but whenever such culverts are substantially replaced whether voluntarily or when required by the provisions of this section, or whenever new culverts are installed, the culvert pipe material shall be per the current MABCD standard, including but not limited to, reinforced concrete pipe, corrugated metal pipe, or ductile iron pipe.
3. CONSTRUCTION REQUIREMENTS. New culvert pipe shall be sized and installed per current MABCD standards. Culvert pipes shall be bedded in gravel.
4. STANDARDS FOR DETERMINING CULVERT REPLACEMENT. A culvert shall be subject to inspection by the City to determine if it is deficient and in need of replacement. If the Zoning Administrator and/or City Engineer finds that one or more of the following conditions applies to a culvert, the culvert shall be considered in need of replacement:
i. Structural failure has occurred as evidenced by perforation or rust through of more than 20 percent of the visible pipe wall;
ii. The invert elevation is more than 0.25 feet above or 0.5 feet below the normal flow line of the ditch;
iii. Crimping of the inlet or outlet has occurred that reduces the flow area by 25 percent or more; or
iv. The culvert is demonstrably deficient to carry normal flows as evidenced by overtopping of driveway or roadway pavement or flooding outside of the right of way following a large rain event.
v. If the City determines that a given driveway culvert is in need of maintenance, repair, or replacement according to the foregoing standards, it shall serve or cause to be served upon the owner of property served by the deficient culvert, a written notice requiring such owner to comply with the provisions of this section and indicating the reason for the deficiency. Notice shall be served personally or sent by U.S. certified mail, return receipt requested, at the premises or at the last known address of the owner. Within 90 days after the date of the City’s notice, the owner shall be obligated to submit a plan for maintenance, repair or replacement of the culvert and, at such owner's sole cost, to carry out such corrective work.
5. REMEDIES.
i. If within 180 days after service of such notice from the City, the owner fails, neglects, or refuses to comply with the provisions of this section and the notice demanding compliance by the City, and if the culvert is located in the right of way of a public street, the City, or its duly authorized representative, shall have the right (but is not obligated) to correct any deficient installation or remove and replace the defective culvert (and replacing any portion of driveway crossing the culvert) and assess the cost thereof against the owner of such lot or parcel of land with an invoice describing the charges, and the amount of such invoice shall be paid by such owner to the City within 30 days after the date of such invoice.
ii. If the invoice is not paid within the time provided, such charges shall be deemed and are hereby declared to be delinquent and thereafter such delinquency shall constitute a lien upon the real estate of the owner, provided that either the City Clerk or the City Attorney first notifies the owner in writing of the delinquency and grants the owner an additional 15 days from date of the written notification to pay the delinquent charges in full. If the delinquent invoice is not paid within the time provided in such written notification, then either the City Clerk or City Attorney is hereby authorized and directed to file a notice of such lien in the office of the recorder of deeds of Sedgwick County. When a notice of lien has been so recorded, the filing of such notice in the aforesaid office shall be deemed notice for the payment of all charges related to the compliance actions paid for by the City, the cost of recording the notice and such legal enforcement fees of the City, as are set forth from time to time in the fee schedule, which shall be charged to the owner and constitute a lien upon the real estate of the owner in addition to the amount of the delinquent invoice charge. The failure of the City Clerk or the City Attorney to record such notice of any such lien shall not affect the right of the City to foreclose the lien for the delinquent invoice or the right to pursue any other legal remedy.
6. PENALTY. Any person violating any provision of this section shall be fined not less than $500 nor more than $750 for each offense. Each day's continued violation shall be deemed a separate offense.
D. DITCH AND SWALE REGULATIONS. Installation of ditches and swales shall be in conformance with the site development plan, plat maps, and/or stormwater and drainage plan(s). Bottoms and side slopes shall be graded, seeded, sodded or any other approved means of erosion protection as approved by the City.
1. When, in the opinion and sole discretion of the City, it appears desirable that any rear, side or cross yard drainage ditches or swales should be located within a public legal easement for said purpose, then such easement shall be furnished by the owner in a forward manner approved by the City Attorney.
2. All ditches and swales, whether located in private or public property, shall be graded with due regard to the existing surrounding terrain so as to follow its grade to permit the normal flow of water and to assure best possible drainage. It shall be the obligation of the owner of the property to remove all obstructions and debris from any ditch located on their property and to keep the same at all times clean and free flowing.
E. Street signs of such location, type, and size as shall be approved by the Governing Body, giving due regard to the prevailing type, size, and pattern of location utilized in the area.
F. Street trees may be planted by the subdivider/developer on all streets in the subdivision. Such trees may be planted on both sides but not less than five (5) feet from the back of curb lines.
G. All lot and block corners, angle points, points of curve in streets, and at intermediate points, as required, shall be set within three (3) months of approval of the final plat by the City. Or prior to the beginning of site work/development of any lot of infrastructure improvement. Said stakes shall be 3/4-inch iron bars, three (3) feet long, and shall be set flush with the existing ground surface.
H. A minimum of two (2) benchmarks (monuments) shall be placed in each subdivision, located and installed as required by the designing or City Engineer. In subdivisions larger than 40 acres, one (1) benchmark shall be installed for each additional 20-acre area. The monument shall be a three (3) inch brass cap set permanently in concrete, 10 inches in diameter by 24 inches deep, as approved the designing and/or City Engineer. The elevation of the monuments shall be identified on each.
I. The developer or property owner, in partnership with the local electric service provider (i.e. Evergy) shall install or cause to be installed streetlights as agreed upon during the final plat process and approval of same by the Planning Commission, and in accordance with City and Evergy policies for placement. All electrical connections and wiring shall be below ground. Following installation, the City shall be responsible for payment of the ongoing cost of utility bills and shall be billed directly by the energy company.
J. Where landscaping of public areas is to be provided or the screening of private areas is required, a planting plan shall be submitted, and the landscaping installed and maintained, in accordance with the plan.
Whenever existing sanitary or stormwater sewers, water lines, drainage channels, culverts, underground or overhead electric and communication lines, gas lines, pipe lines, or transmission lines are required to be relocated due to the subdivision or construction of improvements required as a condition of approval of the subdivision, and in the event such was not known at the time of subdivision approval for any reason, provision for such relocation shall be the sole responsibility of the subdivider/developer.
Where required, applicable measures will be taken during construction to minimize soil erosion and sedimentation by wind or water.
A. EXISTING IMPROVEMENTS.
1. Where the proposed subdivision is a re-subdivision or concerns an area presently having any or all required improvements as previously set out, and where such improvements meet the requirements of these regulations and are in good condition as determined by the Governing Body based upon its consideration of the opinion of the City Engineer, no further provision need be made by the subdivider/developer to duplicate such improvements. However, where such existing improvements do not meet said requirements, the subdivider/developer shall provide for the repair, correction, or replacement of such improvements so that all final improvements will then meet the requirements of these regulations.
2. Where the proposed subdivision is a re-subdivision or concerns an area presently abutting or continuing any existing public street of less than the minimum required right-of-way width or roadway width, land shall be dedicated so as to provide a minimum street right-of• way width established by these regulations and/or by the policy of the Governing Body, and the subdivider/developer of such proposed subdivision shall provide an additional roadway pavement meeting the minimum standards set by these regulations and the Governing Body.
3. The Governing Body shall determine what adjustment(s) to make where the aforesaid widenings merge with existing streets that are of smaller width at the boundary of such proposed subdivision. The Governing Body may reduce the minimum roadway system if the extension of such roadway is already improved at each end of the roadway in the subdivision and the roadway in the subdivision to be reduced is two (2) blocks or less in length. Lanes to be painted on such widened streets designating driving and parking areas may also be required by the Governing Body.
B. FINANCING OF REQUIRED IMPROVEMENTS.
1. When the construction or installation of street improvements, sanitary sewer system, stormwater systems (including ditches, swales, and culverts), or other drainage improvements are required to serve a proposed development within a subdivision, a prerequisite for approval of the Final Plat shall be the submission of a plan specifically setting forth the extent, time schedule, and method of financing such construction or installation as proposed by the owner or developer. The plan shall show the quantity, quality, and geometric details of the proposed construction or installation, which shall meet or exceed the standards set forth in the Subdivision Regulations and adopted City or Sedgwick County MABCD Building Codes.
2. Upon final approval of plans and specifications for required improvements, the subdivider/developer shall enter into an agreement with the Governing Body under which they agree to install such required improvements. Such agreement shall be conditioned upon the approval of the final plat by the Governing Body and may consist of petitions for special assessments or other agreements (i.e., Rural Housing Incentive Districts (RHIDs), etc., and in accordance with requirements as outlined in Resolution 190.
A. PLANS AND SPECIFICATIONS REQUIRED. Where installation of improvements by the petition method has not been authorized, the subdivider/developer shall be responsible for submission of engineering drawings and specifications meeting the requirements of these regulations, and subject to staff review and approval, and then approval by the Governing Body. Such plans and specifications shall be prepared by a licensed engineer and shall be submitted to the Zoning Administrator at the same time as the final plat for review and approval. Failure to do so shall be considered consent for extension of any time limitation for plat approval by the Governing Body.
B. CONTENT OF PLANS AND SPECIFICATIONS.
1. Construction documents for design and installation of improvements shall contain all information necessary and in accordance with applicable standards and guidelines. In general, these documents shall contain plans, profiles, details, specifications, and cost estimates, as appropriate, for the following:
a. Roadways, alleys, and sidewalks.
b. Storm drainage improvements (including culverts, ditches, swales, etc.).
c. Water supply and distribution systems.
d. Sanitary sewer systems.
e. Any additional utilities not the responsibility of the service company, such as streetlights, etc.
2. Engineering plans, profiles, details, and specifications shall be prepared at such scale and in such format as may be approved by the Governing Body.
3. The City Engineer (or contracted firm), Zoning Administrator, or official responsible for determining specifications and standards, shall review all engineering drawings to determine whether such drawings are consistent with the approved preliminary and final plats, and comply with established design standards. The reviewing official shall forward to City staff and/or the Planning Commission the results of the review, including a listing of requested updates and changes.
4. The Planning Commission and Governing Body shall not approve a final plat until the engineering documents have been approved, or petitions, if authorized, have been properly filed.
1. All improvements installed shall be subject to inspection and approval by the engineer or official designated by the Governing Body, or MABCD as contracts and interlocal agreements specify. The subdivider/developer shall provide at least forty• eight (48) hours’ notice prior to any inspection work, although inspections may occur earlier than 48 hours if inspectors or staff are available.
2. After the final inspection is made (and before acceptance of the improvement by the Governing Body) the subdivider/developer shall file a statement certifying that all obligations incurred in the engineering and construction of the improvement involved have been properly paid and settled.
3. Upon proof of compliance with the requirements of these regulations and all other standards and guidelines, the Governing Body may, by resolution, accept the improvements. Upon approval and acceptance, the improvements, where applicable, shall become the property of the appropriate Governing Body or utility company.
A. AUTHORITY FOR APPROVAL. The intent of this Article is to provide for the issuance of building permits on platted lots divided into not more than two (2) tracts without having to replat said lot, provided that the resulting lots shall not again be divided without re-platting. The Zoning Administrator may approve or disapprove lot splits in accordance with the following regulations.
B. APPLICATION.
1. Applications for lot splits shall be made by the owner of the land to the Zoning Administrator. Four (4) copies of a scale drawing of the lots involved, if there are no structures thereon, or, if structures are located on any part of the lot being split, four (4) copies of a survey of the lot(s) and the location of the structures thereon together with the precise nature, location and dimensions of the proposed lot split shall accompany the application. The Zoning Administrator has the final authority to approve or deny lot split applications.
2. No lot split shall be approved if:
a. A new street or alley or other public improvement is needed or proposed.
b. A vacation of streets, alleys, setback lines, access control, or easements is required or proposed.
c. Such action will result in significant increases in service requirements (e.g., utilities, schools, traffic control, streets, etc.); or will interfere with maintaining existing service levels (e.g., additional curb cuts, re-paving, etc.).
d. There is less street right-of-way than required by these Regulations or the Comprehensive Plan.
e. All easement requirements have not been satisfied.
f. Such split will result in a tract without direct access to a street (i.e., property must abut a street and meet minimum lot width requirements).
g. A substandard-sized lot or parcel will be created.
h. The lot has been previously split in accordance with these regulations.
C. LOT SPLIT APPROVAL. The Zoning Administrator shall, within 30 days of an application, in writing, approve, disapprove, or continue for cause, those applications that do not meet the requirements of these regulations. When the lot split application has been approved, and after all conditions have been met, the Zoning Administrator shall sign the following certificate of approval, as required, for the lot split drawing or survey.
CERTIFICATE OF LOT SPLIT APPROVAL
STATE OF KANSAS )
) ss
COUNTY OF SEDGWICK COUNTY )
I hereby certify that this lot split has been examined and found to comply with the Subdivision Regulations of the City of Garden Plain, Kansas, and is, therefore, approved for recording.
__________________________ ___________
Zoning Administrator Date
D. LOT SPLIT FILING AND FEES. A copy of the lot split approval shall be filed by the developer, their representative, or property owner with the Sedgwick County Register of Deeds and a copy shall be furnished to the applicant. The developer, their representative, or property owner are responsible for payment of all applicable fees.
A. APPEALS. The subdivider/developer of a proposed subdivision may appeal to the Governing Body decisions made in the enforcement or interpretation of these regulations by the Zoning Administrator, Planning Commission, the Zoning Administrator, or the City Engineer. In the event the Governing Body sustains such decisions, the prior enforcement or interpretation shall be final, except as otherwise provided by law. If the Governing Body overrules the decision, the Governing Body shall state its decision(s) and the reasons therefore in writing and submit the decision(s) and plat to the Planning Commission, seeking concurrence. In case of non-concurrence, the decision shall be reevaluated by the Governing Body, including any new findings by the Planning Commission. Following re-consideration, the decision of the Governing Body shall be final.
B. VARIANCES. Whenever the Planning Commission (acting as the Board of Zoning Appeals) deems necessary, and allowed by law and statute) they may grant variances and exception(s) from the zoning or subdivision regulations when full conformance to the provisions is impractical or impossible due to the size, shape, topographic location or condition, or such usage of land included in a subdivision plat being presented for approval, the Planning Commission may authorize variances of these regulations on the basis and in the manner hereinafter provided:
i. To authorize in specific cases a variance from the terms of these regulations, that is not contrary to the public interest and where, due to special conditions, a literal enforcement of the provisions of the regulations, in an individual case, results in unnecessary hardship, and provided that the spirit of the regulations shall be observed, public safety and welfare secured, and substantial justice done. Such variance shall not permit any use not permitted by the zoning regulations in such district. A request for a variance may be granted in such case, upon a finding by the board that all of the following conditions have been met:
a) That the variance requested arises from such condition that is unique to the property in question, and that is not ordinarily found in the same zone or district; and is not created by an action or actions of the property owner or the applicant;
b) that the granting of the variance will not adversely affect the rights of adjacent property owners or residents;
c) that the strict application of the provisions of the zoning regulations of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application;
d) that the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare; and
e) that granting the variance will not be opposed to the general spirit and intent of the zoning regulations; and
f) to grant exceptions to the provisions of the zoning regulation in those instances where the board is specifically authorized to grant such exceptions and only under the terms of the zoning regulation.
ii. In no event shall exceptions to the provisions of the zoning regulation be granted where the use or exception contemplated is not specifically listed as an exception in the zoning regulation. Further, under no conditions shall the board of zoning appeals have the power to grant an exception when conditions of this exception, as established in the zoning regulation by the Governing Body, are not found to be present.
C. AUTHORITY. The Planning Commission, as the Board of Zoning Appeals, is the final authority for approval or denial of variance applications. Appeals or objections to decisions on variance applications shall be made in Sedgwick County District Court.
These regulations may be amended at any time by the Governing Body, after the Planning Commission holds a public hearing on the proposed amendment(s). Per Kansas Statute, a notice of public hearing shall be published at least once in the official City newspaper at least twenty (20) days prior to the hearing. The notice shall state the time and place of the hearing and shall describe the proposal in general terms. At or after such public hearing is held, the Planning Commission may recommend approval of amendments, but amendments shall not become effective until approved by the Governing Body through adoption of an Ordinance that is published once in the official City newspaper.
A. DUTIES AND AUTHORITY OF THE ZONING ADMINISTRATOR.
1. Maintain permanent and current records with respect to these regulations including amendments thereto. Keep minutes and agendas of all meetings and hearings of the Planning Commission/Board of Zoning Appeals.
2. Accept, review, and provide feedback on applications, filing fees, of preliminary and final plats.
3. Transmit preliminary and final plats to the Planning Commission.
4. Transmit Planning Commission recommendations regarding final plat approval and acceptance of dedications or easements to the Governing Body for their action.
5. Serve as the authority to review, approve, or deny lot split or merge applications.
6. Transmit final plats to the City Clerk to be filed with the County Register of Deeds on behalf of the City.
B. DUTIES OF THE PLANNING COMMISSION.
1. Review and approve, approve conditionally, or disapprove preliminary plats.
2. Review and recommend approval, conditional approval, or disapproval of final plats and transmit the same together with recommendations for acceptance of dedications of easements and rights-of-way to the Governing Body for their review.
3. Make other determinations and decisions as may from time to time be required by these regulations and by the applicable sections of the Kansas Statutes Annotated (KSA).
C. DUTIES OF THE GOVERNING BODY.
1. Consider the recommendations of the Planning Commission for final plats and accept or reject dedications of easements and rights-of-way.
2. Approve engineering drawings of proposed improvements prior to construction.
3. Accept or reject financial guarantees from subdividers/developers in lieu of immediate completion or installation of improvements required by the regulations.
4. Take other actions as required from time to time including the consideration of amendments to these regulations.