1-101. These regulations, entitled the Subdivision Regulations of the City of Abilene, Kansas, prescribe minimum design requirements and uniform approval procedures for the development of new subdivisions and resubdivisions of land within the corporate limits of the City of Abilene, Kansas.
1-201. The purpose of these Subdivision Regulations is to set forth rules and regulations for the division of real property so that each subdivision shall be properly coordinated with existing streets, utilities and public facilities, and for the future development of these entities and to promote the public health, safety, convenience, general welfare and to conserve land values within the city limits of the City of Abilene, Kansas.
1-202. These Subdivision Regulations are therefore adopted for the following purposes, all in accordance with the provisions of K.S.A 12-741 et seq., and amendments thereto:
1. To protect and provide for the public health, safety, convenience, and general welfare.
2. To insure that the development of the City of Abilene conforms with the goals, policies, and recommendations of the adopted Comprehensive Plan.
3. To provide adequate and accurate records of all applicable land subdivision.
4. To provide for adequate public input regarding the subdivision of private land.
5. To insure that the cost of improvements which benefit primarily the tract of land being developed is borne primarily by the subdivider of the tract.
6. To insure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision.
7. To establish reasonable standards of design and uniform procedures for subdivisions in order to further the orderly layout and use of land. Specifically, these regulations shall provide for the: (a) efficient and orderly location of streets; (b) reduction of vehicular congestion; (c) reservation or dedication of land for open spaces; (d) off-site and on-site public improvements; (e) recreational facilities which may include, but are not limited to, the dedication of land area for park purposes; (f) flood protection; (g) building lines; (h) compatibility of design; and, (i) any other service, facilities and improvements deemed necessary.
8. To provide for and secure the actual construction of improvements which comply with these regulations.
9. To preserve the natural beauty and natural resources within the city limits and to insure appropriate development with regard to those natural features.
1-301. Compliance with Regulations. No building or zoning permit shall hereafter be issued by the City of Abilene, Kansas, for construction or any land that has not been subdivided in compliance with these regulations and all other applicable state and City laws and regulations in effect at the time of subdivision of said land.
1-302. Plat Required: After the effective date of these Subdivision Regulations, the owner or owners of any land located within the City subdividing the same into two or more lots or blocks or tracts or parcels, for the purpose of laying out any subdivision, lots, tracts or parcels or the owner of any land establishing any street, alley, park or other property intended for public use or for the use of purchasers or owners of lots, tracts or parcels of land fronting thereon or adjacent thereto, shall cause a plat or lot split to be made unless exempted under Section 1-5 of these regulations.
1-303. Filing of Plat: The original of any final plat shall be filed by the subdivider with the Register of Deeds of Dickinson County, only after approval by the Planning Commission, acceptance of dedications by the Governing Body, acceptance of financial guarantees for public improvements, and approval of engineering drawings as required by these regulations. Any fees associated with the recording of the final plat shall be the responsibility of the subdivider.
1-304. Sale of Proposed Subdivision Lots: No owner, or agent of the owner, of any lot located in a proposed subdivision shall transfer or sell any such lot before a plat of such subdivision has been approved by the Planning Commission, in accordance with the provisions of these Subdivision Regulations, and filed with the Register of Deeds of Dickinson County.
1-401. These Subdivision Regulations and minimum standards for land development are adopted by the Planning Commission and approved by the Governing Body under powers conferred by K.S.A 12-749, and amendments thereto.
1-501. The following specific transactions shall be exempt from compliance with the provisions of these Subdivision Regulations:
1. A transaction between owners of adjoining land which involves only a change in the boundary between the land owned by such persons and does not create an additional lot.
2. A conveyance of land or interest therein for use as right-of-way by railroad oi: other public utilities subject to local, state or federal regulations where no new street or easement of access is created.
3. A conveyance made to correct a description in a prior conveyance.
4. Any partitioning of land or other transfer by operation of law.
5. The subdividing of land used exclusively for cemetery purposes and accessory uses associated therewith.
6. Any lot, parcel or tract of land located within the area governed by these Subdivision Regulations which has been legally subdivided, resubdivided, platted, or replatted prior to the effective date of these Subdivision Regulations.
7. The division of land for agricultural or residential purposes into parcels or tracts having a minimum width of 250 feet and containing 2.5 acres or more, and not involving any new streets or easements of access and not affecting major streets.
8. The division of a tract of land or lot which creates no more than one additional tract or lot subject to the provisions of Section 3 of these regulations for tract or lot splits. After any such lot or tract split, however, further division of the lot or tract of land shall be platted in conformance with the requirements of these Subdivision Regulations and the lot split provisions of Section 3 shall not apply to such division.
9. Lots zoned for industrial purposes which are platted need not be replatted if divided into two or more tracts.
1-601. For the purpose of these Subdivision Regulations, certain terms, words, and phrases are hereby defined and shall have the meaning assigned to them in this section when used or referred to throughout these regulations. Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations their most reasonable application.
In the construction of these regulations, the provisions and rules of this section shall be observed and applied, except when the context clearly requires otherwise:
a. Words used in the present tense shall include the future.
b. Words in the singular number include the plural number, and the plural number include the singular number.
c. The phrase “used for” shall include the phrases “arranged for,” “designed for,” “intended for,” “maintained for,” and “occupied for.”
d. The word “shall” is mandatory.
e. The word “may” is permissive.
f. The word “person” includes individuals, firms, corporations, associations, governmental bodies and agencies, and all other legal entities.
ACCESS: The right to cross between public and private property allowing pedestrians and vehicles to enter and leave property.
ALLEY: A dedicated public right-of-way which provides a secondary means of access to and from streets and lots.
BLOCK: A tract of land entirely surrounded by public highway, streets, railroad or other public utility rights-of-way, public walks, parks or greenstrips, rural land, drainage channels or a combination thereof
BOND: Any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the Governing Body. All bonds shall be approved by the Governing Body whenever a bond is required in these Subdivision Regulations.
CITY: City of Abilene, Kansas.
CITY ATIORNEY: The City Attorney of the City of Abilene, Kansas.
CITY CLERK: The City Clerk of the City of Abilene, Kansas
COMPREHENSIVE PLAN: The duly adopted Comprehensive Plan for the City of Abilene, Kansas including subsequent amendments.
COUNTY: Dickinson County, Kansas.
COUNTY CLERK: The County Clerk of Dickinson County, Kansas.
CUL-DE-SAC: A street that has only one outlet and is permanently terminated by a vehicle turnaround at the other end, as distinguished from a dead end street.
DEVELOPER: The owner, or any other person, firm or corporation authorized by the owner, undertaking proceedings under the provisions of these regulations for the purpose of subdividing land.
EASEMENT: An interest in land that is held by the public, a corporation, or persons other than the owner that entitles the holder to a specific limited use or right. Ownership of said land shall remain with the property owner.
ENGINEER: The City Engineer, or such licensed engineer designated by the City to provide engineering assistance in administering these and other regulations governing areas of normal responsibilities assigned to the City Engineer.
FLOODPLAIN: Land which is subject to inundation of water as a result of what is commonly known as the 100-year flood, or land that has at least a one percent (1%) chance of flooding in any given year. Floodplain boundaries in the incorporated area of the City are shown on the Federal Insurance Administration's “Flood Hazard Boundary Maps” as adopted by the City.
FLOODPLAIN OVERLAY ZONING DISTRICT: The F-P zoning district of the City Zoning Regulations.
GOVERNING BODY: Mayor and Commissioners of the City of Abilene, Kansas.
GRADE: The slope of a road, street or other public way, specified in percent.
IMPROVEMENTS: All public or private facilities constructed or erected in whole or in part by a subdivider within a subdivision to permit and facilitate the use of lots or blocks for a principal residential or commercial, office, or industrial use.
LOT: A portion of a subdivision or other tract or parcel of land intended as a unit for transfer of ownership or for development.
LOT, CORNER: A lot situated at the intersection of two streets.
LOT, DOUBLE FRONTAGE: A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.
LOT LINES: The boundary lines of a lot.
LOT OF RECORD: A lot which is a part of a subdivision, the plat of which has been recorded in the office of the Dickinson County Register of Deeds, or an unplatted tract or parcel described by metes and bounds, the description which has been recorded in the office of the Dickinson County Register of Deeds.
LOT SPLIT: The dividing or redividing of a lot or tract of land into not more than two lots or tracts which meet the criteria established by these Subdivision Regulations.
OPEN SPACE: An area of land or water, or combination thereof; planned for passive or active recreation or for protection, conservation or for preservation of natural resources, but does not include areas utilized for streets, alleys, driveways or private roads, off-street parking or loading areas, or required front, rear or side yards.
PEDESTRIAN WAY: A right-of-way dedicated to public use, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
PLAN, SKETCH: A plan as required by these Subdivision Regulations to outline the general intent and nature of a proposed subdivision to the Zoning Administrator and other interested departments, agencies, and committees.
PLANNING COMMISSION: The Planning Commission of the City of Abilene, Kansas.
PLAT, FINAL: A plat prepared by a registered land surveyor to describe the precise location and dimension of lots, establish easements, dedicate street rights-of-way, and otherwise describe property to be subdivided and which requires approval of the Planning Commission as set out in K.S.A. 12-752 and amendments thereto.
PLAT, PRELIMINARY: A plat for a proposed subdivision of land showing streets, lots, and other features as required by these Subdivision Regulations.
PLAT, SMALL SUBDIVISION: A subdivision or resubdivision that consists of one, two, three or four lots that may have the preliminary platting requirements of these Subdivision Regulations waived by the Zoning Administrator.
REGISTER OF DEEDS: The Dickinson County, Kansas Register of Deeds.
RESUBDIVISION: A change in a map of an approved or recorded subdivision plat if such change affects any street layout shown on such map, any area reserved thereon for public use, or if it affects any map or plan legally recorded prior to the adoption·of any regulations controlling subdivisions. Tract or lot splitting may be allowed as specified within these regulations.
RIGHT-OF-WAY: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for other special purposes. The usage of the term “right-of-way” hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and not included within the dimensions of areas of such lots or parcels.
RULE EXCEPTION: Allowing a subdivision to deviate from one or more specific standards and requirements of these regulations.
SETBACK: A line within a lot or other parcel of land indicating the limit beyond which a building or structure may not be erected.
SIDEWALK: A paved walkway located along the side of a street.
STREET, MINOR ARTERIAL: A street or road that is designated a Minor Arterial on the officially adopted copy of the KDOT-FHWA Functional Classification map or in the City of Abilene Comprehensive plan for the safe and expeditious movement of large volumes of traffic and which provides service and access to abutting properties only as a secondary function.
STREET, URBAN COLLECTOR: A street or road that is designated an Urban Collector on the officially adopted copy of the KDOT-FHWA Functional Classification map or in the City of Abilene Comprehensive Plan primarily to collect traffic from local streets and direct it to the arterial system.
STREET, DEAD END: A street or road having only one outlet and no vehicular turnaround, as distinguished from a cul-de-sac.
STREET, LOCAL: Any public street or road designed primarily to provide access to more than one property.
STREET, PRIVATE: A right-of-way or easement which affords principal means of vehicular access to property abutting thereon, which right-of-way or easement is owned, controlled and maintained by persons other than the public.
STREET, PUBLIC: A right-of-way which affords principal means of vehicular access to property abutting thereon, which right-of-way has been dedicated to the public for such use.
SUBDIVIDER: The owner, or any other person, firm or corporation authorized by the owner that proceeds to subdivide land under the provisions of these regulations.
SUBDIVISION: Except for a “lot split” as defined in these regulations, any land, vacant or improved, which is divided or resubdivided into two or more lots, parcels, sites, units, plots, or interests for the purpose of transfer of ownership or development. The creation of a street, alley or other public way by dedication shall be deemed a subdivision regardless of division or resubdivision of the land.
WALKWAY, PEDESTRIAN: A strip of land dedicated for public use which is reserved across a block for the purpose of providing pedestrian access to adjacent areas.
ZONING ADMINISTRATOR: The City of Abilene official assigned the responsibility of administering the Zoning Regulations, and Subdivision Regulations.
ZONING REGULATIONS: Zoning Regulations adopted by the Governing Body of the City of Abilene, Kansas.
1-701. Duties of the Secretary of the Planning Commission:
1. Maintain permanent and current records with respect to these regulations, including amendments thereto.
2. File copies of all preliminary and final plats together with applications therefor.
3. Transmit final plat to the Governing Body for acceptance of dedications of streets, alleys and other public ways and sites.
4. Make changes to land elevations designated on a plat, as authorized by K.S.A. 12-749(b), and amendments thereto.
5. Determine whether an application for any subdivision approval is complete and notify the applicant as to whether the application is in compliance with these regulations.
1-702. Duties of the Planning Commission:
1. Review and approve, approve conditionally, or disapprove preliminary plats.
2. Review and approve, approve conditionally or disapprove final plats and transmit approved final plats to the Governing Body for acceptance of dedications of streets, alleys and other public ways and sites.
3. Make other determinations and decisions as may be required of the Planning Commission from time to time by these regulations and by the applicable state statutes.
1-703. Duties of the Governing Body:
1. Consider Planning Commission recommendations of final plats and accept or reject dedications of easements and rights-of-way.
2. Approve engineering drawings of proposed improvements prior to construction.
3. Accept or reject financial guarantees from subdividers in lieu of immediate completion or installation of improvements required by these regulations.
4. Take other action as required from time to time including the consideration of amendments to these regulations.
1-801 Vesting of Development Rights: In conformance with the provisions of K.S.A. 12- 764, and any subsequent amendments, the following shall apply:
1. The rights of landowners of properties platted or subdivided for suburban residential development in conformance with the definition of said terms in the Zoning Regulations shall be protected for use of said land for the intended suburban residential purposes for a period of five years from the time in which such property was first platted or subdivided, provided:
a. Verifiable evidence is presented showing the date in which said plat or subdivision of land was first created. Acceptable evidence shall be: signed and sealed certificates or plats of survey from a Registered Land Surveyor showing the several lots proposed to be created, either dated or dated and recorded with the Register of Deeds; recorded Restrictive or Protective Covenants for the development; recorded deeds conveying land; or recorded Affidavits of Equitable Interest on contracts for deed for said tracts of land.
b. Within said five year period actual sales occur resulting in separate owners on the tracts of land.
2. Except for lots in a recorded plat, any remaining contiguous tracts of land within the area divided under this rule held in common ownership at the conclusion of said five year period shall be considered an unplatted lot, as defined in these Regulations, and subsequent divisions of said lot shall be in conformance with the Subdivision Regulations then in effect.
3. Properties divided or platted for any use other than residential purposes shall not be permitted to develop or further develop except in conformance with these Regulations and the City's Zoning Regulations. Persons who obtain a validly issued permit under the previous Zoning Regulations shall be permitted to develop the property so long as the permit issued under the previous Zoning Regulations does not expire. Failure to start construction under said permit before the expiration of the permit shall not protect the owner from the provisions of these Regulations or the Zoning Regulations then in effect.