1. The subdivider of a proposed subdivision shall provide by one of the methods set out in these regulations in Article VIII for the installation of the following facilities and improvements:
When within the City of Haysville:
a. All roadways, alleys, curbs, gutters and street drainage facilities in accordance with the standards set by the City Engineer.
b. All sidewalks located within the public areas, in accordance with the standards set by the City Engineer under the following conditions:
i. Sidewalks may be required on one or both sides of the street when needed to service pedestrian traffic flow leading to schools, parks, shopping areas or places of public assembly and where heavy traffic would warrant sidewalks for safety purposes. Sidewalks shall be required to extend or complete connecting links in the sidewalk system.
ii. In general, sidewalks shall be 6 feet wide and constructed with the inside edge of the sidewalk adjacent to the property line; an approved sidewalk plan can provide for an alternate placement.
iii. All sidewalks shall provide handicap access in conformity with K.S.A. 58-1301 et seq. and the federal Americans with Disabilities Act of 1990, 42 USCA 12101, as may be amended.
c. A water supply system for each lot in the proposed subdivision in conformity with the requirements of the City Engineer. In addition thereto and where feasible, such water supply system shall be connected to the size of the city water main at such point and the expected demand of the proposed subdivision.
d. Fire hydrants, which are in accordance with the standards of the City Engineer and County Fire Chief.
e. A sanitary sewer system for each lot meeting all specifications of the City Engineer, and when required by law, the State Board of Health and/or local Health Department authorities. Such sanitary sewer system shall be connected to the sanitary sewer system of the city at such point or points as the City Engineer shall determine, based upon the location and size of the City’s engineered system in relation to the estimated flow of the sanitary system of the proposed subdivision.
f. A storm sewer system, separate and independent of the sanitary sewer system, meeting all of the specifications of the City Engineer. Such approved storm sewer system shall be connected to any existing storm sewer system of the City if such system is available and has adequate capacity. If such connection or capacity is not available, other adequate means for the discharge of such storm sewer system shall be provided by the subdivider. Plans for mitigating stormwater pollution may be required by the engineer.
g. A street lighting system meeting the requirements of the City Engineer.
h. Street signs of such location, type and size as shall be approved by the City Engineer, giving due regard to the prevailing type, size and pattern of location utilized throughout the city.
i. Monuments shall be placed at all block corners, angle points, points of curves in streets and at points as shall be required by the City Engineer. The monuments shall be of such material, size, and length as may be approved by the City or County Engineer.
j. Underground wiring in residential subdivisions, including both electrical power and communication service, except:
i. For lines rated over 12,000 volts.
ii. Appurtenances serving such lines which may be mounted on the ground, such as transformers, transformer pads and telephone service pedestals.
iii. For those proposed subdivisions or replats of existing subdivisions located in areas which presently have an overhead type of distribution system.
iv. All such construction and installation shall be under contract with the applicable utility company. Construction or installation shall occur after sanitary sewer lines, if any, are in place.
v. Nothing in this section shall be construed as to requiring underground installation of lines beyond the boundaries of the area contained in the preliminary plat.
k. Concrete, masonry and/or decorative iron fences or walls 6’ in height and/or landscaping shall be constructed or provided where proposed residential subdivisions abuts arterial and / or other such street having relatively high traffic volumes and where abutting lots do not have access to such a street, provided that:
i. Walls, iron fences, and landscaping shall not be placed in the vision triangle or otherwise impair the vision of motorists.
ii. Walls, iron fences and landscaping shall be maintained by the developer, property owner or homeowner’s association.
iii. Walls or iron fences shall be constructed within a wall easement that is at least 5 feet in width and is located adjacent to the street right-of-way.
iv. Utilities may cross wall easements, but walls or iron fences shall not be constructed in a utility easement unless such construction is approved by the City Engineer. Based on a recommendation of the City Engineer, the construction of walls or iron fences over a utility easement may require execution of a Hold Harmless Agreement, a commitment for special wall or fence construction provisions, i.e., removable sections, or the making of satisfactory arrangements with affected utility companies. Any special arrangements made necessary by proposed perimeter wall or iron fence construction for a subdivision shall be completed prior to submitting the plat for scheduling before the Planning Commission.
v. Wall and iron fences shall not exceed 6 feet in height unless authorized by the Planning Commission.
l. Where required, applicable measures will be taken during construction to minimize soil erosion and sedimentation by wind or water and to mitigate stormwater pollution as required by City Code and further subject to the regulations of Kansas Department of Health and Environment.
2. When outside the City of Haysville:
a. All roadways, alleys, curbs, gutters and street drainage facilities in accordance with the standards set by the County Engineer.
b. A water supply system for each lot in the proposed subdivision in conformity with the requirements of the appropriate jurisdiction. In addition thereto, and where feasible, such water supply systems shall be connected to the city water system, at the most advantageous points, taking into account the size of the water main at such point and the expected demand of the proposed subdivision. Where reasonable practical dead-end water mains shall be avoided.
c. A sanitary sewer system for each lot in conformity with all specifications of the City of Wichita Department of Environmental Health/Sedgwick County Code Enforcement, as applicable.
d. A storm sewer system, separate and independent of the sanitary sewer system meeting all of the specifications of the County Engineer.
e. Street signs of such location, type and size as shall be approved by the County Engineer, giving due regard to the prevailing type, size and pattern of location utilized throughout the county.
f. Monuments shall be placed at all block corners, angle points, points of curves in streets, and at intermediate points as shall be required by the County Engineer.
(1) Where the proposed subdivision is a resubdivision and concerns an area presently having any or all required improvements set out in the preceding section, and where such improvements meet the requirements of said section, no further provision need be made by the subdividers to duplicate such improvements. However, where such existing improvements do not meet the requirements of the preceding section, the subdivider shall repair, correct, or replace such improvements so that all improvements will then meet the aforesaid requirements.
(2) Where the proposed subdivision is a resubdivision or concerns an area presently abutting or containing an existing public street of less than the minimum required right-of-way or roadway width, land shall be dedicated so as to provide the minimum required street width, except as designated by the Planning Commission, and the subdivider of such proposed subdivision shall provide an additional roadway pavement meeting the minimum standards set by the appropriate engineer. The appropriate engineer shall determine what adjustment to make where the aforesaid widenings merge with existing streets which are of smaller width at the boundary of such proposed subdivision. The foregoing provisions requiring the widening of pavement shall not apply when the length of such pavement is less than120 feet, or two dwelling units deep, whichever is less.
Any waiver of the required improvements may be made only by the Haysville Governing Body on a showing that such improvement is technically not feasible.
Except for monuments and landscaping, one of the following methods shall be used by the subdivider to guarantee that improvements required by these regulations can or will be installed in accordance with approved plans and specifications. This does not preclude the possibility that the Governing Body or the Board of County Commissioners may, at their discretion and in recognition of their financial position, share in the cost of oversized improvements which may benefit other related areas or the City or County-at-large:
1. Petitions to the Governing Body of the City or County as applicable shall be submitted for all phases of improvements within the proposed subdivision as a means of guaranteeing to the Governing Body the authority to install improvements. All of the following conditions shall be met:
a. The petitions (to be secured from the applicable engineer) must be valid as provided under Kansas law.
b. The petitions must be concurred in by the applicable engineer and accepted and approved by the applicable governing body concurrently with the approval of the final plat.
c. The initiating resolution for such improvement must be adopted by the applicable Governing Body concurrently with the petition approval or as soon thereafter as may be provided by law. The cost of the publication of said resolution shall be borne by the subdivider.
d. Documents must be filed with the Register of Deeds showing either the petitions or a certificate signed by the petitioners stating that such petitions have been filed and approved by a governing body and that certain lands as described will be liable in the future for special assessments for the required improvements which are to be listed on the certificate.
2. As an option to special assessments, the owner/subdivider may elect to install required improvements without City financing. The following procedures shall apply:
a. The owners and/or the subdivider of the land proposed to be subdivided shall enter into a developer’s agreement with the City or County (depending on the area in which the subdivision is located), under which the owners and/or subdivider agree to install such required improvements at their own expense in accordance with the approved plans and specifications, within the time prescribed by the provisions of these regulations. Such agreements shall constitute a contract between the City and the subdivider and all appropriate parties to the agreement shall have their signatures acknowledged. A developer’s agreement shall be conditioned upon the approval of the final plat and filed either with the City Clerk or County Clerk depending upon the location of the land being subdivided.
b. Simultaneously with the execution of the agreement provide for in the Subsection above, the owner and/or the subdivider of the land proposed to be subdivided shall furnish a corporate completion bond, with good and sufficient sureties thereon, or a cashier check, escrow account, or irrevocable letter of credit in favor of the City, in the amount of the cost as estimated by the official responsible for setting and enforcing the applicable design and construction standards of the installation of the required improvements as aforesaid. Such bond shall be conditioned upon the approval of the final plat and further conditioned upon the actual completion and installation of such required improvements within two years from the date that the final plat is approved by the Planning Commission.