Any person desiring or required to subdivide land that is subject to the provisions of these regulations shall file with the office of the Zoning Administrator an application that states the name and address of the person making the application, identifies the location of land to be subdivided, and describes the proposed subdivision in general terms, including the approximate number of proposed lots and typical lot widths and depths. A proposed sketch plan of the subdivision may be attached to the application. The appropriate fee shall be paid upon filing the application.

Any person desiring to subdivide land into 40 or more lots shall hold a pre-platting conference with the Zoning Administrator as a first step to filing an application for a preliminary plat. Owners of proposed subdivisions of less than 40 lots are encouraged to hold a pre-platting conference; however they may proceed with filing a preliminary plat. Arrangements for this conference shall be made by contacting the Zoning Administrator.

The purpose of this pre-platting conference is to inform the Zoning Administrator and City Staff of the possible future subdivision so that the staff may determine and inform the applicant of the effect, feasibility and compatibility of the proposal in relation to the City’s utility and street system and the City’s development policies and plans. The conference enables the Zoning Administrator to inform owners and their agents of the general conformance or non-conformance of the subdivision proposal with the Subdivision Regulations, additional requirements for further processing of the plan, and to advise them of applicable zoning provisions or conflicts, and special design considerations presented by particular environmental features on or affecting the site (i.e. flood plains, soil problems, high water tables, etc.), as well as the provision of adequate public facilities.

The landowner or his representative may, if he deems desirable, prepare a schematic drawing of the proposed subdivision in order to receive any pre-plat comments of the Zoning Administrator, which may prove helpful in designing the preliminary plat. The sketch plan should convey the location of the proposed development, the general layout of the proposed subdivision, including the location and size of streets and the orientation, numbers and dimensions of the lots; plans for water supply and sewage disposal, and any particular design problems posed by the existing natural or manmade conditions and characteristics of the site which could benefit from an early discussion.

The pre-platting conference may include representatives of the City of Haysville and other persons and agencies as applicable. No verbal, written or schematically illustrated statements made during the course of the conference shall be held as legally binding. No fee shall be charged for the pre-platting conference.

The subdivider shall file with the Zoning Administrator such number of copies and a digital format of the preliminary plat as the Zoning Administrator may deem necessary for proper review.

The preliminary plat shall contain information and data set out in Section 3, Article V of these regulations.

The Zoning Administrator, after the filing of the preliminary plat, shall make arrangements to distribute one or more copies of the preliminary plat to affected and interested governmental and public and private organizations as may be deemed appropriate for the particular proposed subdivision. Organizations receiving copies shall have 15 days to review the preliminary plat and to make their comments and recommendations to the Planning Commission. A lack of response in 15 days shall, at the discretion of the Planning Commission, signify approval, unless during this period a written request for an extension of time not to exceed 15 days is submitted to the Planning Commission.

The Planning Commission shall review the preliminary plat and consider the report and recommendation of the agencies, departments and persons to whom the preliminary plat has been submitted for review. The Planning Commission may also conduct a public discussion, at which time interested persons may attend and offer evidence in support of or against such preliminary plat.

1.    The Planning Commission shall thereupon determine on the basis of all evidence before it, whether the preliminary plat generally meets the design standards and requirements of these regulations, the development plan of the City and the zoning regulations of the City, other applicable provisions of the ordinances of the City, or the applicable zoning regulations of the unincorporated area.

2.    If the foregoing considerations are satisfied, the Planning Commission shall approve the preliminary plat.

3.    If the Planning Commission determines that the preliminary plat does not satisfy the foregoing conditions it may suggest modifications to satisfy such conditions and in such event;

a.    The subdivider may amend the preliminary plat to incorporate such modifications and re-submit the preliminary plat to the Planning Commission, which shall then grant its approval if such amendments satisfactorily incorporate the suggested modifications; or

b.    If the subdivider rejects the suggested modifications or takes no action within the time allowed for Planning Commission action, the Planning Commission will disapprove the preliminary plat, and furnish the subdivider a written statement setting forth the reasons for disapproval of the preliminary plat.

4.    If the Planning Commission determines that the preliminary plat does not satisfy the foregoing conditions, and that modifications would be too extensive or impractical, it shall disapprove the preliminary plat and immediately furnish the subdivider a statement in writing setting forth the reasons for disapproval and specifying with particularity the aspects in which the proposed preliminary plat fails to conform to the requirements of these regulations. Notification of disapproval must be provided within 60 days after the preliminary plat was filed.

5.    The subdivider may appeal the disapproval of the preliminary plat to the Governing Body. Such appeal shall be made in writing and filed with the City Clerk within 60 days after the date the Planning Commission issues its statement setting forth its reasons for disapproval of the preliminary plat.

If the Planning Commission fails to approve or disapprove the preliminary plat within 60 days after the date it is filed, or from the date the subdivider files the last item of required data, whichever date is later, then such preliminary plat shall be deemed to have been approved, unless the subdivider shall have consented to extend or to waive such time limitations.

1.    Approval of the preliminary plat shall signify the general acceptability of the proposed subdivision and shall be considered permission to prepare the final plat and such other items as are needed or required for submission with the final plat.

2.    Such approval shall be effective for no more than two (2) years from the date approval was granted, unless, upon an application of the subdivider, the Planning Commission grants an extension of time beyond such period. If the final plat has not been approved and recorded as required by the provisions of this regulation within such two (2) year period, or any extensions granted thereto, the preliminary plat must be re-submitted to the Planning Commission as if no such plat had ever been approved. If there are no substantive changes from the preliminary plat which was originally approved, no additional fee shall be charged for such re-submission.

The final plat shall be filed with the Zoning Administrator’s office within two (2) years after the date the preliminary plat is approved. The subdivider must provide both paper and digital copies of the final plat, such number and format to be designated by the Zoning Administrator to allow for proper review and government records.

The Planning Commission shall review and act upon the final plat within 60 days after it has been submitted for final approval. The Planning Commission shall approve the final plat if it is:

1.    Substantially the same as the approved preliminary plat.

2.    There has been compliance with all conditions, restrictions and requirements of this regulation and of all other applicable ordinances of the city.

3.    There has been compliance with any conditions that may have been attached to the approval of the preliminary plat.

The Planning Commission shall approve or disapprove the final plat within 60 days after it has been submitted for final approval. If the Planning Commission disapproves the final plat, the subdivider shall be advised in writing of the reasons for such disapproval.

If the Planning Commission fails to act on the final plat within 60 days, it shall be deemed to have been approved unless the subdivider shall have consented to extend or waive such time limitations.

Before a final plat is recorded, it shall be submitted to the Governing Body for approval and acceptance of dedications for streets and other public ways, access controls, public utility easements, and any land being dedicated or established for public use. The Developers Agreement for construction and payment of streets and utilities shall also be submitted at this time

The Governing Body shall approve or disapprove the dedication of land for public purposes and the Developers Agreement within 30 days after the first meeting of the Governing Body following the date of the submission of the plat to the City Clerk. The Governing Body may defer action for an additional 30 days for the purpose of allowing for modification to comply with the requirements established by the Governing Body. If the Governing Body disapproves or defers action on the final plat, it shall advise the Planning Commission and the subdivider in writing the reason for disapproval or deferment.

In the event the Governing Body disapproves or defers action on the final plat, as referred to in Section 13, the Planning Commission shall meet with the subdivider to modify the final plat or Developers Agreement to comply with the requirements of the Governing Body.

If the Governing Body fails to act on the final plat within the time period specified in Section 13 above, it shall be deemed to have been approved unless the subdivider shall have consented to extend or waive such time limitation.

All Final Plats outside the corporate limits of the City shall also be submitted to the Board of County Commissioners for their review and approval and for the acceptance of dedications for public rights-of-way, access controls, utility easements and other public uses.

The Final Plat with all required signatures and in the exact form as approved by the Governing Body and Planning Commission shall be recorded with the County Register of Deeds within 30 days after approval of the Final Plat by the Governing Body, including the developer’s agreement, any required restrictive covenants and any required separate instrument(s). 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. The cost of recording the plat and associated instruments shall be paid by the subdivider.

An approved Preliminary Plat may be Final Platted in pieces rather than as a whole, provided the following conditions are met:

1.    Each Final Plat shall contain an area of sufficient size to install improvements economically. The Final Plat should, if possible, contain at least 20 lots.

2.    Each phase must consist of one or more geographically contiguous areas.

3.    The approval of the Planning Commission is obtained. The decision of the Planning Commission to authorize the Final Plat shall be based on the advice of the City Engineer and Public Works Director regarding the feasibility of installing required improvements.

4.    At least one Final Plat shall be submitted for approval within each 12 months period from the date of approval of the overall Preliminary Plat. All Final Plats for the overall Preliminary Plat shall be submitted for approval within five years from the date that the overall Preliminary Plat was approved. The Planning Commission, on written request of the subdivider, may, from time to time, grant extensions of time for submitting such Final Plats. Each such extension of time shall be for no more than one year.

5.    All steps required for the approval of a Final Plat, including the recording of the plat, shall be complied with.

If a proposed plat complies with the requirements of this section, then the Planning Commission may approve a Final Plat without first approving a Preliminary Plat.

1.    Requirements. In order to qualify for approval in the manner provided for in this section, a proposed Final Plat shall comply with the following requirements:               

a.    For single-family and two-family developments the plat shall contain no more than 20 lots or exceed 10 acres. For multi-family or nonresidential uses involving areas not previously platted, the plat shall be not more than five (5) acres and involve no more than 2 lots. For previously platted properties, for which the present plat was recorded not more than 24 months prior to the filing of the application for a replat of that subdivision or portion thereof, the proposed plat shall not exceed five (5) acres nor include more than five (5) lots.

b.    No public street is sought to be dedicated across the property or is contemplated to be projected through (as opposed to adjacent to) the property subject to the plat.

c.    The proposed subdivision plat shall be in the form required by Section 3 of Article V of these Regulations and shall contain all the information and certificates required as part of a Final Plat, including all supplemental information.

d.    Submission of a filing fee.

e.    Submission of a vicinity map drawn to scale indicating existing topography, the location of existing utilities on or adjacent to the property, the location of existing buildings on the property and the names of owners of adjacent properties including zoning of the adjacent properties. The number of copies of the vicinity map which are required to be submitted with the Final Plat shall be determined by the Zoning Administrator.

2.    Procedures

a.    Final Plats submitted for approval pursuant to this section shall be filed with the Zoning Administrator and transmitted to the Planning Commission and affected and interested governmental, public and private organizations.

b.    The approval of Final Plats by the Planning Commission pursuant to this section shall be subject to the same requirements for a Final Plat except insofar as said requirements require prior approval of, or compliance with, an approved Preliminary Plat.

If, after recording a subdivision plat, an error is found in distances, angles, bearings, subdivision or street names, block or lot numbers, the computation of dimension or elevation, or other details of the plat, except in connection with the outer boundaries of the plat, and if the property described in that part of the plat containing the error is under the ownership of the person who caused the plat to be prepared, the engineer of the approving city or county, in which the property is located, after substantiation of the existence of the error may file an affidavit with the register of deeds that the error was made. The affidavit shall describe the nature and extent of the error and the appropriate correction. The register of deeds shall record the affidavit and shall place in the margin of the recorded plat a notation that the affidavit has been filed, the date of filing, and the book and page where it is recorded. The filing of the affidavit shall correct any such errors but shall have no effect on the validity of the plat or any property interest recorded by reference thereto.