CHAPTER 16B. SUBDIVISION REGULATIONSCHAPTER 16B. SUBDIVISION REGULATIONS\Article V. Contents Of Plans And Plats

Plats shall be prepared with the following accuracy:

1.    Preliminary plats shall be drawn to scale with such accuracy as to determine the location of a lot, block, property and boundary lines, utility and other facilities, to the nearest foot.

2.    Final plats shall be prepared with the accuracy required for traverse data. The following sheets or drawings shall be submitted with the final plat:

a.    Traverse data, for the plat, including the coordinates of the boundary of the subdivision with the error of closure. The error of closure for a perimeter distances less than ten thousand (10,000) feet in length, the error of closure shall be less than one (1) in ten thousand (10,000).

b.    The computation of all distances, angles and courses that are shown on the final plat.

c.    All stakes, monuments or other evidence found on the ground in use to determine the boundaries of the plat.

The preliminary plat shall be drawn at a scale of one inch equals 100 feet. A variation in scale may be allowed where the Planning Commission determines it is necessary for a proper exhibit of the subdivision. The following general information shall be shown on the preliminary plat:

1.    The proposed name of the subdivision. This name shall not duplicate or resemble the name of any existing subdivision within the area subject to these regulations.

2.    Date of preparation, north point, and scale of drawing.

3.    An identification clearly stating that the map is a preliminary plat.

4.    Location of the subdivision by measured distance to a section corner to define the location and boundaries of the tract that will be subdivided.

5.    Names of adjacent subdivisions or, in the case of unplatted land, the name of the owner or owners of adjacent property.

6.    The name and address of the owner, the subdivider, and the registered land surveyor or engineer who prepared the plat.

7.    The following existing conditions shall be shown on the preliminary plat:

a.    The location, width and names of all existing public or private streets within or adjacent to the tract, together with easements, railroad rights-of-way and other important features such as section lines and corners, city boundary lines and monuments.

b.    Contour lines or spot elevations based on North American Vertical Datum 1988 (NAVD88) having the following intervals:

i.     Two foot contour intervals for ground slopes less than 10 percent

ii.    Five foot contour intervals for ground slopes exceeding 10 percent

iii.   Spot elevations where the ground is too flat for contours.

1.    The date of the topographic surveys shall be shown.

c.    The location and direction of all watercourses and areas subject to flooding, including floodway and flood fringe areas, and base flood elevations, where required by Section 2 of Article VI.

d.    Natural features such as rock outcroppings, marshes, lakes, wooded areas, and isolated preservable trees.

e.    Existing use of the property including the location of all existing structures showing the location of those that will be removed and those that will remain on the property after the final plat is recorded.

f.     The horizontal location, within the subdivision and in the adjoining streets and property, of existing sanitary and storm water sewers including flow lines, water mains, culverts, drain pipes, underground wiring, and gas lines proposed to serve the property to be subdivided.

g.    Zoning on and adjacent to the tract, if any.

h.    Location, elevation and description of the benchmark controlling the vertical survey.

8.    The following information with respect to the manner in which the tract is to be subdivided and developed shall be included on the preliminary plat:

a.    Streets and sidewalks, showing the location, width and names and approximate grades thereof. The preliminary plat shall show the relationship of all streets and sidewalks to any projected streets and sidewalks shown or to any related Master Plan adopted by the Planning Commission, or Governing Body; or if no such Master Plan has been completed, then as suggested by the Planning Commission.

b.    Easements showing width and purpose.

c.    Lots showing approximate dimensions, minimum lot sizes and proposed lot and block numbers.

d.    Sites, if any, to be allocated for development with other than single family dwellings.

e.    Sites, if any, to be dedicated or reserved for park, playground or other public purposes.

f.     Proposed building setback lines, if any, but not less than current applicable zoning regulations.

g.    Location and type of utilities to be installed including provision for stormwater drainage.

h.    Street names which do not duplicate any heretofore used in the City or its environs, unless the street is an extension of or in line with an already named street, in which event that name shall be used. Appropriate prefixes and suffixes which provide relative direction and type of street should accompany such names. Street names shall be subject to the approval of the Planning Commission and follow the applicable City’s or County’s Street Naming and Property Numbering Policy, if adopted. Property numbers are assigned by the City or County depending upon the agreed upon jurisdictional policy.

9.    Additional data and information to be submitted with the preliminary plat. The following data and information shall be submitted in separate statements and/or maps accompanying the preliminary plat, or, if practical, such data and information may be shown on the preliminary plat:

a.    A vicinity map showing existing subdivision, streets and unsubdivided tracts adjacent to the proposed subdivision and showing the manner in which the proposed streets may be extended to connect with existing streets. Such vicinity map shall also include a location map that identifies the area of the municipality in which the tract to be subdivided is to be located.

b.    A copy of any existing or proposed deed restrictions or covenants that affect the property, in outline form.

c.    A statement as to the general nature and type of improvements proposed for the subdivision, and in what manner the subdivider intends to finance and provide for their installation, e.g., petition, actual construction, fiscal guarantee, etc. If other than by petition, the approximate time that such improvements will be completed should be indicated. If by petition, the statement shall contain sufficient detail with respect to the proposed improvements to permit a determination to be made with respect to whether such improvements will comply with this regulation and other applicable statutes, ordinances and regulations. If the nature of the improvement is such that it is not practical to prepare and submit all necessary details prior to the approval of the preliminary plat, then the Planning Commission may waive the submission of such details provided that the additional data is submitted at least 30 days prior to the date that approval of the final plat is requested.

d.    A drainage concept showing the means by which storm waters shall be accepted from adjacent properties, handled internally and drained from the tract, to include an analysis of adjacent properties.

e.    A traffic impact study may be required at the discretion of the Zoning Administrator or the Planning Commission.

The final plat shall be prepared by a registered land surveyor and drawn in waterproof black on Mylar or its equivalent. Alternatively, a final plat may be prepared with a photographic process provided it is submitted on .004 inch polyester photographic film such as Mylar or its equivalent. The page or sheet size shall be 24 by 36 inches or smaller. Larger sizes will not be accepted. The scale shall be 100 feet to one inch. A variation in scale may be allowed where the Planning Commission determines it is necessary for a proper exhibit of the subdivision. When more than one sheet is used for any plat, each such sheet shall be numbered consecutively and each such sheet shall contain a notion showing the whole number of sheets in the plat and its relation to other sheets (e.g., 1 of 3 sheets.) Linear dimensions shall be given in feet and decimal of a foot. The following information shall be shown on the final plat:

1.    The name of the subdivision.

2.    The date of preparation, scale, north point, legend and controlling topography; and physical features such as water courses, highways and railroads.

3.    A legal description of the tract boundary.

4.    The name of the owners and the registered land surveyor.

5.    Reference points of existing surveys identified, related to the plat by distances, angles and bearings.

a.    Section corners and/or adjoining corners of all adjoining subdivisions, or corners of existing plats, when a replat.

b.    Section, township and range.

c.    When the city or county has established the centerline of the street adjacent or within the proposed subdivision, the location of such centerline and monuments found or reset shall be shown.

d.    All other monuments required to be installed by the provisions of these regulations.

6.    Tract boundary, block boundary, street and other right-of-way lines with distances and angles and/or bearings. Where these lines follow a curve (all curves must be circular). The central angle, the radius, points of curvature, length of curve and length of intermediate tangents shall be shown.

7.    Lot lines with dimensions. Side lot lines shall be at right angles or radial to street lines unless otherwise shown. Rear lot lines shall be parallel to block of tract lines unless otherwise indicated. Points of deflection of rear lot lines shall be indicated by angles and distances.

8.    The width of the portion of the streets being dedicated and the width of any existing right-of-way. The centerline of streets which are adjacent to the perimeter of the subdivision shall be indicated.

9.    All easements shall be denoted by fine dash lines, clearly identified as to purpose, and if already on record, the recorded reference of such easements. If an easement is not definitely located of record a statement of such easement shall be included. The width of the easements, with sufficient ties to locate it definitely with respect to the subdivision must be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner’s certificate of identification. Rear easements shall be labeled as drainage and utility easements when necessary.

10.  Lot numbers beginning with the number one, and numbered consecutively in each block. The numbers shall be solid and of sufficient size and thickness to stand out, and so placed as not to obliterate any figure.

11.  Block letters continuing consecutively without omission or duplication throughout the subdivision. The letters shall be solid, of sufficient size and thickness to stand out, and so placed as not to obliterate any figure.

12.  Land parcels to be dedicated for any purpose, public or private, to be distinguished from lots or tracts intended for sale. If the plat proposes the creation of reserves, the text shall state the purposes of the reserve, as well as, who will own and be responsible for the maintenance of reserves. Future ownership and maintenance responsibilities for a reserve may also be documented by a restrictive covenant filed with the register of deeds that provides that a homeowners association, or similar entity, will hold title to the reserve and therefore be responsible for the reserve’s maintenance.

13.  Building setback lines, if any.

14.  The name of each street shown on the subdivision plat or adjacent to its perimeter.

15.  The location and elevation of permanent on-site and off-site benchmarks if the plat is establishing minimum building pad or lowest floor elevations. When the establishment of minimum building pad or lowest floor elevations are required, the required elevations shall be referenced in NAVD88 on the face of the plat. The platting of the minimum building pad or lowest floor elevations shall also be noted in the plattor’s text.

16.  If street rights-of-way, building setbacks, access controls, minimum building pad elevations, public easement or other public reservations are being vacated by the plat, proper reference to K.S.A. 12-512b, amended, shall be made in the plattor’s text.

17.  The following certificates, which may be combined where appropriate:

18.  All names required on plat certificates must be typed or clearly printed below the signature.

A certificate signed and acknowledged by all parties having any record, title, or interest in the land subdivided, and consenting to the preparation and recording of the said subdivision map.

a.    A certificate signed and acknowledged as above, dedicating all parcels of land shown on the final plat and intended for any public use except those parcels which are intended for the exclusive use of the lot owners of the subdivision, their licensees, visitors, tenants and servants. If the subdivision abuts or is within 100 feet of any FEMA-regulated floodplain or regulatory floodway, the dedicating certificate shall also recite that, “FEMA floodplain and regulatory floodway boundaries are subject to periodic change, and such change may affect the intended land use within the subdivision.”

b.    A certificate signed by the registered land surveyor responsible for the survey and final map. The land surveyor shall not sign the plat until all monuments, irons, or benchmarks required by these regulations, have been set. The signature of the surveyor shall be accompanied by his seal and shall state the month and year the survey was made.

c.    The acknowledgment of a notary in either of the following forms:

i.     For acknowledgement in an individual capacity:

State of Kansas, County of Sedgwick, SS:

This instrument was acknowledged before me on (date) by name(s) of person(s).

Seal or stamp ___________________________, Notary Public

(Signature of Notarial Officer)                              

My commission expires:_____________

ii.    For an acknowledgement in a representative capacity:

State of Kansas, County of Sedgwick, SS

This instrument was acknowledged before me on (date) by name(s) of person(s) as (type of authority, e.g., officer, trustee, president, etc.) of (name of party on behalf of whom instrument was executed) on behalf of (company, partnership, trust, etc.)

Seal or stamp ___________________________, Notary Public

(Signature of Notarial Officer)                              

My commission expires:_____________

d.    The certificate of the Planning Commission in the following form:

This plat was approved by the Haysville City Planning Commission on __________________, 20__.

Dated Signed:___________________, 20__

Haysville Planning Commission

___________________________, Chairperson

(Typed Name)

ATTEST:

___________________________, Secretary

(Typed Name)

e.     The approval of the City Attorney as required for additions to or within the City of Haysville under K.S.A. 12-401 et. seq in the following form.

This plat is approved pursuant to the provisions of K.S.A. 12-401.

Date Signed:____________________, 20_____

 

                                                __________________________, City Attorney

                                           (Typed Name)

f.     The approval and acceptance of dedications by the Governing Body in the following form:

This plat approved and all dedications shown hereon, if any, are accepted by the City Council of Haysville, Kansas, this ____ day of ___________, 20____.

 

_______________________________, Mayor

                                                                (Typed Name)

(SEAL)

                 ATTEST:

____________________________, City Clerk

                                                                (Typed Name)

g.     The acceptance of dedications by the Board of County Commissioners of Sedgwick County for plats outside of the city limits in the following form:

The dedications shown hereon, if any, are accepted by the Board of County Commissioners of Sedgwick County, Kansas, on _____________, 20_____.

 

___________________________, Chairman

                                                                                                     (Typed Name)

(SEAL)

                      ATTEST:

________________________, County Clerk

                                                                                                     (Typed Name)

 

h.    A blank space for noting entry on the transfer record in the following form:

Entered on transfer record this ____day of ______________, _____.

 

________________________, County Clerk

                                                                            (Typed Name)

i.     The certificate of the Register of Deeds in the following form:

State of Kansas, County of Sedgwick, SS

 

This is to certify that this instrument was filed for record in the Register of Deeds Office on the _____day of ______________, _____, at _____ o’clock and is duly recorded.

                    _____________________, Register of Deeds

                        (Typed Name)

                    _____________________________, Deputy

                        (Typed Name)

j.     Provision for all other certifications, approvals and acceptances that are now, or that may hereafter be, required by any statute, ordinance or regulation.

k.    The form of certificates may be modified as necessary with the approval of the Planning Commission and the City Attorney to meet Kansas State requirements.

l.     Subdivisions which lie outside the City limits for which requests have been made for the extension of one or more City utility services shall agree to a waiver of protest of potential future annexation by a statement reading, “Owners of lands within this subdivision do hereby bind themselves to waive any protest to annexation by the City of Haysville”, which shall be shown on the final plat, and shall be restated by a restrictive covenant.

19.  Supplemental information to be submitted with final plat. The following additional data shall be submitted with the final plat.

a.    A title report by an abstract or 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 any encumbrance on the plat. The consent of all such persons shall be on the plat.

b.    A certificate showing that all taxes due and payable have been paid in full, or if such taxes have been protested as provided by law, monies or other sufficient escrows guaranteeing such payment of taxes in the event the protest is not upheld, may be placed on deposit with such officials or governing bodies to meet this requirement.

c.    A copy of any deed restrictions or covenants applicable to the subdivision.

d.    A developer’s agreement to be approved, accepted and recorded.

e.    A drainage plan shall be submitted to the appropriate engineer prior to, or at the time of, submitting the final plat for approval, to include analysis of surrounding properties.

The Subdivision plat shall clearly state that a drainage plan has been developed for the subdivision and that all drainage easements, rights-of-way, or reserves shall remain at the established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of storm water.