These regulations shall be known as the “Haysville Subdivision Regulations,” and shall hereinafter be referred to as “these regulations.”

These Subdivision Regulations are designed and intended to serve the following purposes:

1.    To provide for the harmonious development of the City of Haysville and portions of the unincorporated area of Sedgwick County;

2.    To provide for the proper location and width of streets, building lines, open spaces, drainage, safety, and recreational facilities and for the avoidance of congestion of population;

3.    To provide for the minimum width, depth, and area of lots;

4.    To specify the extent to which, or manner in which road ways shall be graded and improved;

5.    To specify the extent to which, or manner in which water, sewer, and other utility mains and piping or connections or other physical improvements shall be installed; and

6.    To provide for and secure to the proper Governing Body, the actual construction of such physical improvements.

The requirements and recommendations set forth herein are designed to encourage an orderly municipal growth for Haysville through responsible land subdivision and are adopted under authority established by K.S.A. 12-741, et seq, as amended, 12-742, 12-749, 12-751 and 12-752, 12-760 and 12-761, 12-764, 12-766, 12-3009 through 12-3012, and 12-3301 and 12-3302.

These regulations shall apply to all subdivisions of land within the corporate limits of the City of Haysville, as presently exists or are hereafter established, and within the Urban Area of Influence as defined by the Metropolitan Area Planning Commission and Sedgwick County Board of County Commissioners.

Any owner or owners of land subdividing the same into lots and blocks or tracts or parcels for the purpose of laying out any subdivision, suburban lots, building lots, tracts or parcels or establishing any street, alley or other property intended for public use or for the use of any purchaser or owner of lots, tracts, or parcels of land fronting on or adjacent thereto shall cause a subdivision plat to be made in accordance to these regulations unless exempted under Section 6.

Notwithstanding the requirements of Sections 2 through 5, these regulations shall not apply in the following instances or transactions:

1.    For land in the unincorporated area, the division or further division of land into unplatted metes and bounds tracts, each of which contains 20 or more acres, and which:

a.    Does not involve any new streets or easements of access, as determined by the Planning Commission, and is located adjacent to a public road which has been accepted by the County or a township or which is located adjacent to an existing private road whose right-of-way width conforms to the right-of-way standards of this Regulation.

b.    In the case of an existing private road, there must be covenants filed of record which provide for the maintenance of the private road. The covenants must provide a mechanism which authorizes the County to maintain the private road, and charge incurred costs to the owners of the land being provided access, if the owners fail to maintain the private road.

c.    Has land suitable for dwelling purposes which is not located in an area subject to flooding as determined by Section 2 of Article VI of these Regulations. If any portion of unincorporated property lies in a flood hazard area as shown on the Flood Boundary and Floodway Maps published by the Federal Emergency Management Agency or if drainage channels and swales exist on the property which carry runoff from adjacent property or public roads, the flood hazard area or drainage channel shall be protected by grant of easement, dedication or other similar device as may be required by the County Director of Public Works;

d.    If the property is located adjacent to a public road right-of way which does not conform to the right-of-way width requirements of these Regulations, additional right-of-way shall be granted by dedication or easement as may be required to conform to these Regulations.

e.    Is to be used for agricultural or single family residential purposes only; and

f.     Conforms to any applicable zoning regulations and sanitary code.

2.    A change in the boundary between adjoining lands which does not create an additional lot or tract or which does not result in the creation of a substandard lot by either owner according to any applicable zoning regulations or sanitary code.

3.    Land used for street or railroad right-of-way, a drainage easement or other public utility easement subject to local, state or federal regulations; where no new street or easement of access is involved.

4.    Land used for highway or other public purposes relating to the dedication of a parcel of land for a public use or instruments relating to the vacation of land impressed with a public use.

5.    A correction of a description in a prior conveyance, provided that such a conveyance shall be clearly labeled as a “correction conveyance” and shall clearly identify the proper conveyance that is the subject of correction and the error contained in such prior conveyance.

6.    Whenever any lot, parcel, or tract of land located within the area governed by these regulations has been subdivided, resubdivided or replatted prior to the adoption of these regulations.

7.    Any lot split approved in accordance with these regulations.

8.    Any transfer by operation of law.

It shall be the responsibility of the property owner or their agent to provide to the Zoning Administrator copies of recorded instruments which show the name of the current owner and a complete legal description of the property for which an exemption is requested, including documentation identifying that date upon which the legal description for the property was established.

Any request made in writing for a determination as to qualifications for being exempt from these Regulations shall be answered by the Zoning Administrator either in the affirmative or negative within 30 days after the filing of the request or the exemption shall be considered granted.