| ARTICLE 40 SUBMISSION OF SUBDIVISION PLATS |
Section
1. General
: The subdivision plat procedure is in three basic steps.
Step
1. Pre-Application
Step
2. Preliminary Plat
Steps
1 and 2 function as supplementary elements designed to aid the subdivider in
meeting the requirements of these regulations and to reduce the
potential problems and related expenses to the subdivider that might otherwise
result if final plats "only" were required and major revisions were
called for by the Planning Commission. Actual
plat submission involves the final plat and the sixty (60) day response time
for action by the Planning Commission required by K.S.A. 12-705b (state
statutes) which commences with the date of the Planning Commission's first
regular meeting following submission of said plat with the designated
enforcement officer.
Section
5. Pre-Application
: Prior to the filing of the preliminary plat, the subdivider
shall contact the Code
Enforcement
Officer to determine:
1. Subdivision requirements.
3. Availability of an approved public sewer
system and public water system.
6. Any special requirements, potential
constraints, zoning, environmental or issues pertinent to the proposed
subdivision plat.
Section
7. Sketch Plan: The subdivider is encouraged to submit a sketch plan in order
to receive the pre-plat comments of the Planning Commission.
Such number of copies of the plan as may be determined necessary by the
Administrator, shall be submitted to the Administrator at least ten (10) days
prior to the next regular meeting of the Commission.
The sketch plan may be in a simple format sufficient in content to show
the general location of the subdivision; the existing and proposed location of
streets, lots, utilities, public service areas such as parks and schools; and
any significant physical features; and to note any particular site design
problems. A narrative description
of existing conditions and development proposals may supplement the plan.
Following Planning Commission review, the Administrator shall, within
fifteen (15) days, advise the subdivider of the results of the review.
Section
10. Preliminary Plat
: After reaching the preliminary conclusions regarding the
general requirements of the proposed subdivision, the subdivider may submit a
preliminary plat together with supplementary information to the administrative
officer of the Planning Commission.
1. Submission Requirements:
(a) Filing Fee:
The filing fee set forth by separate ordinance shall accompany the
filing of each preliminary plat.
2. The subdivider shall submit a certificate or copy
of deed of a record proving ownership of the entire tract to be platted.
3. The subdivider shall submit proof that the proposed
plat has been reviewed by all affected utility companies or agencies along
with any comments from these companies or agencies.
4. A preliminary grading and drainage plan, including
location and size of all storm sewers, existing and proposed land elevations
and contours, and necessary widths of all open drainage ways shall be
submitted. These plans are not
intended to be detailed for construction.
5. Data to be shown on the preliminary plat:
(a) The proposed
name of the subdivision. The name
shall not duplicate or too closely resemble the name or names of any existing
subdivision.
(b) The location of
the boundary lines of the subdivision and reference to the section or quarter
section lines and corners.
(c)
The name and address of the owner, the developer, and the name of the
surveyor, landscape architect, land planner or engineer who prepared the plat.
(d)
Scale of the plat, one (1) inch = one hundred (100) feet or larger.
(e)
Date of preparation and north point and graphic scale.
(f) Existing Conditions.
.1 Location, width and name of platted streets or other public ways,
railroad and utility right-of ways, parks and other public open spaces, and
permanent buildings within or adjacent to the proposed subdivision.
.2 All existing sewers, water mains, gas mains, culverts, or other
underground installations, within the proposed subdivisions, or adjacent
thereto, with pipe sizes, manholes, grades and locations. Where a high
pressure oil or gas line exists, the maximum pressures shall be indicated.
.3 Names of adjacent subdivisions, together with the arrangement of
streets and lots. Owners of adjacent parcels of unsubdivided land shall be
shown.
.4 Topography, with contour intervals of not more than one (1) foot,
referenced to City, County or U.S.G.S. datum, shall be clearly shown; also,
location of water courses, bridges, wooded areas, lakes, ravines and other
such features as may be pertinent to the proposed subdivision. Where sites are
extremely level, additional spot elevations may be required.
.5 Current zoning classification and proposed use of the subdivision.
(g) The
general arrangement of lots and their approximate size.
(h) Location and width of proposed streets, alleys, pedestrian ways, and easements including drainage easements.
(I) The
general plan of sewage disposal, water supply and storm drainage.
In areas where approved public sewer and/or water systems are not
available to serve the subdivision, a notation shall be made on the plat
indicating type of sewage disposal and/or water system proposed.
(j) Location and size of
proposed parks, playgrounds, church and school site or other special uses of
land to be considered for reservation or dedication for public use.
(k) General layout of adjacent
unsubdivided property to show how streets and other public facilities, in the
proposed subdivision, relate to the unsubdivided property.
(l) Gross acreage of the
subdivision; acreage dedicated to streets and other public uses; total number
of build able lots; maximum, minimum and average lot sizes.
6. Publication: Publication,
though not technically required may be done at the discretion of the city, in
which case the City Clerk may cause a notice to be published in the official
newspaper, giving the name of the proposed subdivision, the owner, a brief
description of the subdivision, and the approximate acreage.
The notice shall be published prior to the Planning Commission meeting
at which the preliminary plat is to be considered initially.
7. Approval or disapproval of the preliminary
plat: Action by the Planning
Commission shall be conveyed to the subdivider in writing within ten (10) days
after the official Planning Commission meeting at which the preliminary plat
was considered. In case the
preliminary plat is disapproved, the subdivider shall be notified of the
reason for such action and what requirements shall be necessary to meet the
approval of the Planning Commission. The
approval of the preliminary plat does not constitute an acceptance of the
subdivision, but is deemed to be an authorization to proceed with the
preparation of the final plat for Planning Commission review and determination
of plat conformance to these regulations as set forth in state statutes K.S.A.
12-752.
8. Time limits on approval:
The approval of the preliminary plat shall only be effective for a
period of one (1) year, unless an extension is granted by the Planning
Commission. If the final plat has
not been submitted for approval, within this specified period, a preliminary
plat must be re-submitted to the Planning Commission for approval before a
final plat is submitted.
Section
15. Final Plat:
1. Submission requirements:
After approval of the preliminary plat, the subdivider shall submit a
final plat (see attached sample plat) to the Secretary of the Planning
Commission.
(a) Filing Fee:
The filing fee set forth by separate ordinance shall accompany the
filing of the final plat.
(b) Number of Copies:
The original (on Mylar, tracing cloth or similar material) and twenty
(20) prints thereof shall be
submitted to the Secretary of the Planning Commission at least twenty (20)
days prior to the Planning Commission public hearing.
(c) The final
plat in final approved form shall be submitted on disk when possible.
2. The
names and signatures of owner or owners of the property duly acknowledged and
notarized shall appear on the original copy submitted.
3. The
final plat, prepared for recording purposes, shall be drawn at a scale of at
least one (1) inch equals one hundred (100) feet or larger.
The size of the sheet on which such final plat is prepared shall be
twenty-four (24) inches by thirty-six (36) inches. Where the proposed plat is of unusual size, the final plat
shall be submitted on two or more sheets of the same dimensions.
If two or more sheets are required, an index map on a sheet of the same
dimensions shall be filed showing the entire development at a smaller scale.
4. The final plat shall show and contain the following
information:
(a) Name of subdivision, which
shall not duplicate or too closely approximate the name of any existing
subdivision.
(b) Location of section,
township, range, county and state, including the descriptive boundaries of the
subdivision based on an accurate traverse, giving angular and linear
dimensions which must be mathematically correct.
The allowable error of closing on any portion of the plat shall be one
(1) foot in five thousand (5,000) feet.
(c) The location of
monuments shall be shown and described on the final plat.
Location of such monuments shall be shown in reference to existing
official monuments or the nearest established street lines, including the true
angles and distances to such reference points or monuments.
(d) The location of
lots, streets, public highways, alleys, parks and other features, with
accurate dimensions in feet and decimals of feet and with the length of radii
on all curves and other information necessary to reproduce the plat on the
ground. Dimensions from all
curves shall be shown to lot lines.
(e) Preliminary site grading
and drainage plan designed by a licensed, professional engineer of the State
of Kansas. Such plan shall
contain:
1. All information required on the approved preliminary plat.
2. Outline of drainage area, with total acres and runoff noted.
3. Proposed street improvement, with curb inlets, pipe sizes, and design
flow capacity.
4. Proposed buildings and first floor elevation.
5. Proposed sanitary sewer layout.
6. Water course to a point where a definite drainage ditch or stream
channel accepts the runoff.
7. One hundred (100) year flood contour.
8. All structures and pipes shall be designed to accommodate a ten (10)
year (twenty (20) minute duration) design storm, except the minimum diameter
of storm drain pipe shall be eighteen (18) inches.
9. The city shall be provided with a reproducible Mylar of the approved site grading and drainage plan.
f. Lots
shall be numbered clearly. Blocks
shall be numbered or lettered clearly in the center of the block.
All lots shall be numbered in progressive numbers within the blocks in
which they are situated and their precise length and width shall be stated on
the map or plat.
g. The
exact locations, widths and names of all streets to be dedicated.
h. Location and width of all
easements and alleys to be dedicated.
I. Boundary lines (points of
reference, 3
section ties, other points found or set) and description of the boundary lines
of any area, other than streets and alleys, which is to be dedicated or
reserved for public use.
j. The
minimum area and associated minimum elevation for the buildings on each lot
planned as a building site when requested by the Planning Commission.
k.
Building setback lines along all streets with dimensions, or identified
relative to zoning.
l. Name and address of the
developer and the registered professional engineer or registered land surveyor
who conducted the survey and prepared the plat.
m.
Scale of plat (scale to be shown graphically and in feet per inch),
date of preparation and north point.
n.
Statement dedicating all easements.
o.
Statement dedicating all streets, alleys, and all other public areas
not previously dedicated.
p. A
copy of any restrictive covenants applicable to the subdivision shall be
submitted with the final plat.
q. The
following acknowledgments, which shall include the printed name and title of
the appropriate individual.
.1 A certificate signed and acknowledged by all parties having any
record, title, or interest in the land subdivided, and consented to the
preparation and recording of said subdivision map.
.2 A certificate signed and
acknowledged as above, dedicating or reserving all parcels of land shown on
the final plat and intended for any public or private use including easements,
and those parcels which are intended for the exclusive use of the lot owners
of the subdivision, their licensees, visitors, tenants, and servants.
.3 A certificate signed by the
registered land surveyor responsible for the survey and final map. The signature of the said surveyor shall be accompanied by
his seal. Such certificate shall
include the setting of all block and lot pins and required monuments.
.4 A certificate signed and acknowledged by the County Treasurer (and
the City Clerk where applicable) that all taxes and special assessments due
and payable have been paid.
.5 The acknowledgment of a notary in the following form:
STATE
OF KANSAS )
) ss
COUNTY
OF GRANT )
Be it remembered that on this _____ day of _______________, 20_____, before me, a notary public in and for said County and State, came ___________________________, to me personally known to be the same person who executed the foregoing instrument of writing, and duly acknowledged the execution of same. In testimony whereof, I have hereunto set my hand and affixed my notarial seal the day and year above-written.
(SEAL) ________________________________
Notary
Public
My
Commission Expires:________________________
.6 The endorsement by the Planning Commission in the following form:
This
plat of ____________________________ Addition has been submitted to and
approved by the Ulysses‑Grant County Joint Planning Commission this
_____ day of _____________, 20_____.
_______________________________
Chairman
_______________________________
Secretary
.7 The acceptance by the Governing Body, of easements and dedication of
land for public use, in the following form:
These easements and rights-of-way accepted by the (City Council of Ulysses, Kansas) (County Commission of Grant County, Kansas), this _____ day of _______________, 20_____.
(SEAL) _______________________________
Mayor
or Commissioner
ATTEST:
__________________________
(City) (County) Clerk
.8 Space for noting entry on the transfer record in the following form:
Entered
on transfer record this _____ day of __________________, 20_____ - Book
#______, Page # ______.
County
Register of Deeds
5. Final plat action:
(a) The Planning
Commission shall approve or disapprove the final plat within sixty (60) days
of its first regular meeting following official submission of the final plat
with the designated enforcement or administrative officer.
The sixty day time limitation may be extended by the subdivider through
consent by signing an extension or waiver form provided by the administrative
officer.
(b) The
action of the Planning Commission shall be conveyed to the subdivider in
writing within ten (10) days of the meeting of the Planning Commission at
which the plat was considered. If
the final plat has been disapproved, the notice shall state the ways in which
the plat fails to conform with these regulations.
(c) In case
of approval, the Chairman of the Planning Commission shall date and endorse
the original final plat. A final plat that has been approved by the Planning
Commission shall be submitted to the Governing Body for its acceptance of the
dedication of streets and other public ways, service, and utility easements
and any land dedicated for public use. The
Governing Body shall approve or disapprove the dedication of land for public
purposes within the thirty (30) days of receipt of the approved final plat.
The Governing Body may defer action for an additional thirty (30) days
for the purpose of allowing for modifications to comply with the requirements
of the Governing Body. If the Governing Body defers or disapproves such dedication,
it shall advise the Planning Commission of the reasons therefore.
Failure of the Governing Body to execute an acceptance of dedication
shown on the plat shall be deemed to be a refusal of the proposed dedication.
6. Filing the plat:
The original of any final plat shall be filed by the administrative
officer with the Register of Deeds only after approval by the Planning
Commission and acceptance of dedications or easements by the Governing Body,
execution of an agreement regarding public improvements, and approval of
engineering drawings as required by these regulations.
7. Concurrent submission of preliminary and
final plats: Nothing in these
regulations shall be construed to prohibit the concurrent submission of
preliminary and final plats, so long as they contain all the information that
would be required by these regulations. If
such preliminary and final plats are submitted separately however, signed
"Extension and Waiver" forms will be required with any such
concurrent submission.
