2-101. All preliminary and final plats of subdivisions within the corporate limits of the City of Abilene shall be submitted to the Planning Commission for its approval, consistent with the provisions of these regulations.
2-102. The Zoning Administrator shall have the authority to certify a preliminary plat, final plat, or small subdivision plat application as complete or incomplete. If a plat application is certified as complete, the administrator shall place the application on the Planning Commission's agenda for consideration. If a plat application is certified as incomplete, the administrator shall return the application to the applicant with a written explanation of the determination. The applicant may reapply and pay another filing fee, or may appeal the administrator's determination to the Board of Zoning Appeals as provided by the Zoning Regulations.
2-201. Before filing a preliminary plat, the applicant shall consult with the Zoning Administrator for advice regarding general requirements affecting the proposed development.
The applicant shall furnish the Zoning Administrator with the following information when such information is considered necessary by the Zoning Administrator.
1. A general description of existing conditions of the site, including data on existing land and soil characteristics, existing covenants, availability of utilities and other public facilities, zoning requirements for the site and adjacent properties and proposed uses.
2. A sketch of the proposed subdivision on a topographic survey map showing proposed streets, lots, and other features.
3. A general location map showing the relationship of the proposed subdivision to existing utilities, major streets, and community facilities and to surrounding developed and undeveloped land.
2-202. The Zoning Administrator shall be available to assist the applicant in complying with the requirements pertaining to the proposed subdivision as such requirements are established by these Subdivision Regulations. The preapplication procedure does not require formal application, fee, or filing of a plat with the Planning Commission.
2-301. Conformance with Comprehensive Plan and Zoning Regulations: A preliminary plat of the proposed subdivision shall be prepared by the subdivider or the subdivider's agent and submitted to the Planning Commission for its consideration and approval. The Planning Commission shall satisfy itself that the plat's proposed street pattern and land use will conform to the City's Comprehensive Plan, as well as with the City's Zoning Regulations regarding lot size and permitted use. The preliminary plat shall also conform to other local codes, regulations, and standards.
2-302. Contents of Preliminary Plat: After completion of the preapplication procedure, the applicant may submit to the Planning Commission an application and 10 copies of a preliminary plat and vicinity maps. Such materials shall be submitted to the Planning Commission at least 15 days prior to the regular meeting of the Planning Commission. The appropriate fee shall be paid upon filing the preliminary plat application in accordance with the provisions of Section 6-4 of these regulations. Such preliminary plat shall:
1. Be drawn to a scale of not more than 100 feet to 1 inch unless the area of the subdivision is over 100 acres, then to the scale of not more than 200 feet to 1 inch.
2. State the name of the proposed subdivision, legal description of the site to be subdivided, location, acreage, names and addresses of owner and land surveyor. Such subdivision name shall not duplicate the name of any existing subdivision.
3. Show date of preparation, north point, and scale of drawing.
4. Indicate applicable zoning districts for the property and all adjoining property.
5. Show location of property and boundary lines, location, width and names of platted streets or other public ways, railroads and utility rights-or-way, parks and other public open spaces and permanent buildings within or adjacent to the proposed subdivision.
6. Show all existing sewer, water mains, gas mains, culverts or other underground installations, within or adjacent to the proposed subdivision, with pipe size and manholes, grades and location.
7. Show names of adjacent subdivisions together with arrangement of streets and. lots, and owners of adjacent parcels of unsubdivided land.
8. Show location of watercourses, bridges, wooded areas, lakes, ravines and such other features as may be pertinent to the subdivision.
9. Show topography with contours at intervals of two feet and “unique topographic features, lakes, and tree masses.
10. Show land within the boundaries of the 100-year floodplain as identified on the Federal Insurance Administration's “Flood Hazard Boundary Maps” for the City.
11. Be accompanied by a general location map or a copy of the general location map furnished at the preapplication procedure.
12. Show proposed streets, including location, width, names and approximate v grade and showing the manner in which the proposed streets may be extended to connect with existing streets.
13. Show blocks and lots, showing approximate dimensions and proposed numbers including lot lines and setbacks.
14. Show proposed utility system for sanitary waste, water, electricity and/or natural gas.
15. Show location of proposed culverts, storm sewers, and drainage system.
16. Show proposed easements, dedications and reservations.
17. Show sites to be designated for purposes other than single-family residential including location and size of proposed parks, playgrounds, churches, school sites or other special uses of land to be considered for reservation or dedication for public use.
18. Provide general layout of adjacent unsubdivided property to show how streets and other public facilities in the proposed subdivision relate to the unsubdivided property.
19. A statement as to the general nature and type of public improvements proposed for the subdivision, and in what manner the subdivider intends to finance and provide for their installation.
2-303. Notification of Surrounding Property Owners: At least 10 days prior to the Planning Commission public hearing at which the preliminary plat is to be considered for approval, the Zoning Administrator shall notify all property owners of land located within 200 feet of the subdivision land that such a hearing will take place. If the proposed subdivision is adjacent to unincorporated land, such notice will extend 1000 feet in those areas where the notification area extends into the unincorporated area of Dickinson County.
2-304. Staff Review and Actions: Upon receipt of the preliminary plat and supporting data required in this section, the Zoning Administrator shall perform the following tasks:
1. Certify the application as complete (if applicable) and affix the date of application acceptance on the preliminary plat.
2. Place the preliminary plat on the agenda for consideration at the next regularly scheduled meeting of the Planning Commission.
3. Prepare a staff report to the Planning Commission recommending approval, conditional approval, or denial of the preliminary plat.
4. Make changes to land elevations designated on a plat, as authorized by K.S.A. 12-749(b) and amendments thereto.
2-305. Planning Board Review and Actions: The Planning Commission shall conduct a public hearing on the preliminary plat to determine if the same conforms to the provisions of these Subdivision Regulations, and the Planning Commission shall act upon the preliminary plat within 60 days after submission, stating its approval, conditional approval (stating conditions), or disapproval (stating reasons). Action on a preliminary plat shall be taken by a majority vote of the Planning Commission membership, regardless of the number of Planning Commission members present and voting at the hearing. If such determination is not- made within 60 days after the preliminary plat has been submitted for consideration, the plat shall be deemed to have been approved and a certificate shall be issued by the Secretary of the Planning Commission upon demand, unless the applicant has requested or consented to an extension or waiver of the time limitation.
2-306. Effect of Preliminary Plat Approval: Approval of the preliminary plat shall not constitute acceptance of the subdivision by the City of Abilene but authorizes preparation of the final plat. No grading or improvements shall take place in the subdivision prior to approval and endorsement of the final plat by the Planning Commission, acceptance by the Governing Body of land dedicated for public purposes, and the submittal to and approval of street construction plans by the City. The applicant shall file a final plat application along with the required documents described in Section 2-403 within one year of the approval of the preliminary plat by the Planning Commission. Upon failure to do so within the time specified, approval of the preliminary plat is null and void, unless an extension of time, limited to six months, is applied for by the subdivider and granted by the Planning Commission. An extension shall be granted only once.
2-401. Preparation: After the preliminary plat has been approved, a final plat for record shall be prepared and submitted to the Planning Commission for final approval. A final plat shall be prepared by a land surveyor licensed in the State of Kansas. The final plat may encompass all or a portion of the area encompassed by the preliminary plat. The final platting process is intended to provide a complete surveyed drawing of the subdivision for the purpose of providing a legal record of lots, streets, areas for dedication and easements for future reference and transactions.
2-402. Conformance with Preliminary Plat: No final plat shall be considered for approval unless all provisions of these Subdivision Regulations have been met, including compliance with conditions set forth by the Planning Commission on the preliminary plat, and no final plat shall be considered if it differs materially from the preliminary plat as previously approved by the Planning Commission.
2-403. Contents of Final Plat: The applicant shall submit to the Secretary of the Planning Commission a final plat application; two original drawings on tracing cloth, mylar, vellum, or other permanent reproducible material; and 10 copies thereof to be made by a licensed land surveyor. Such submission shall be made at least 15 days prior to the Planning Commission's public meeting. The appropriate fee shall be paid upon filing the final plat application. All drawings and signatures of certification shall be in waterproof ink. The final plat shall be drawn at a scale of at least 1” = 100' or larger. The size of the sheet on which such final plat is prepared shall be 22 or 24 inches by 36 inches. Each sheet shall have a 1 1/2” binding edge along the left-hand side. Where the proposed plat is of unusual size, the final plat shall be submitted on two or more sheets of the same dimensions. If two or more sheets are required, an index map of the same dimensions shall be filed showing the entire development at a smaller scale. The dimensions indicated are standard for all final plats and must be complied “With. Title, description and other written data to be located either right or left. The final plat shall show the folio-wing:
1. The name of the subdivision;
2. Date, title, name under which the subdivision is to be recorded, and location of subdivision. The name of the platted subdivision shall not duplicate the name of any platted subdivision previously recorded in the City unless it is an addition to and contiguous to the same.
3. Graphic scale and North point.
4. A legal description of the proposed subdivision.
5. A map of the proposed subdivision which shall contain sufficient information and engineering data to locate any line on the ground. Such map shall show the following:
a. Location of section, township, range, county and state, including the descriptive boundaries of the subdivision based on an accurate traverse, giving angular and linear dimensions which must be mathematically correct. The allowable error of closing on any portion of the plat shall be one foot in 50,000.
b. The location of existing monuments or bench marks shall be shown and described on the final plat. Location of such monuments shall be shown in reference to existing official monuments or the nearest established street lines, including the true angles and distances to such reference points or monuments.
c. Space for approval of the final plat by the Planning Commission and space for acceptance by the Governing Body of land dedicated for public purposes.
d. The folio-wing certificates:
(1) Certification by the licensed land surveyor responsible for the survey and final plat certifying to the accuracy of the survey and plat, and certifying that all permanent monuments as required have been set.
(2) Certification signed and acknowledged by all parties holding title or having any title interest in the land subdivided and consenting to the preparation and recording of the plat as submitted including the dedication of any property for public use and the preservation of any property for private use. Al so, certification by the subdivider, if different than said parties, that the plat is a true representation of the proposed subdivision.
(3) Certification by the County Treasurer of Dickinson County, Kansas that there are no unpaid taxes, special assessments or tax liens outstanding against the property.
(4) The acknowledgement of a notary in the following form:
State of _________, County of______, SS.
Be it remembered that on this ___day of 20_, before me, a notary public in and for said County and State, came ______to me personally known to be the same person who executed the foregoing instrument of writing and duly acknowledged the execution of same. In testimony whereof I have hereunto set my hand and affixed my notarial seal the day and year above written.
(SEAL) ______________________Notary Public
(5) The certificate of the Planning Commission in the following form:
This plat of has been submitted to and approved by the Planning Commission of the City of Abilene, Kansas this _____ day of 20__.
(SEAL) Chairperson___________
Secretary_____________
(6) The acceptance by the City of Abilene Governing Body, in the following form:
The easements, rights-of-way and other public dedications accepted by the Governing Body of the City of Abilene, Kansas, this ____ day of 20__.
(SEAL) Mayor_________________
ATTEST:_________________
(7) The certificate of the City Attorney in the following form:
This plat of ________ has been submitted to and approved by the City Attorney of Abilene, Kansas this _ day of 20_.
(SEAL) _______________
City Attorney
(8) A blank space for noting entry on the transfer record in the following form:
Entered on transfer record this ___ day of 20__.
________________
County Clerk
(9) The certificate of the Register of Deeds in the following form:
State of __________, County of ___________, SS.
This is to certify that this instrument was filed for record in the Register of Deeds office on the_ day of ______, 20___, in Book __Page ___.
_________________________ ___________________________
Register of Deeds Deputy
e. The following additional data and documents shall be submitted with the final plat:
A properly executed written agreement by the applicant to undertake and complete, to the satisfaction of the City, all public improvements required as a condition for approval of the plat. The agreement shall also set out the time limit for the completion of the specified work, the amount of bond or other acceptable surety to be posted as security for satisfactory completion of the work, and the right of the City, in the event the required work is not completed in a proper and timely manner, to perform or complete the work and recover the actual cost thereof from the developer or the applicant's sureties. The applicant's agreement for public improvements will set out the public improvements required and also set out or incorporate by appropriate references, the plans and specifications for said improvements. The applicant's agreement and bond for required public improvements shall be reviewed and approved as to the form and content by the Zoning Administrator and the City Attorney. The Governing Body may defer the submission of the written agreement until after the final plat has been approved.
6. The final plat shall designate the name or names by which the proposed roads or streets are to be officially known. The final plat shall also establish a uniform series of key numbers for all blocks and lots from which official street addresses may be designated. The Zoning Administrator reserves the right to require different names and numbering systems if the Planning Commission believes such action is necessary.
2-404. Staff Review and Actions: Upon receipt of the final plat and certification documents required in this section, the Zoning Administrator shall perform the following tasks:
1. Certify the final plat application as complete (if applicable) and affix the date· of application acceptance on the final plat.
2. Place the final plat on the agenda for consideration at the next regularly scheduled meeting of the Planning Commission.
3. Prepare a staff report to the Planning Commission recommending approval, conditional approval, or denial to the final plat.
2-405. Planning Commission Review and Actions: The Planning Commission shall approve or disapprove the final plat within 60 days from the submission of such plat. Action on a final plat shall be taken by a majority vote of the Planning Commission membership, regardless of the number of Planning Commission members present and voting at the hearing. If the final plat is disapproved, the applicant shall be notified in writing of the reasons for such disapproval. If the Planning Commission fails to approve or disapprove a preliminary plat within the 60 day period, then the final plat shall be deemed approved and such approval endorsed on the plat by the Chairperson of the Planning Commission, unless the applicant shall have requested or consented to waive such time limitation. If the final plat is approved, the Chairperson of the Planning Commission shall date and endorse the original. An approved final plat shall be submitted to the Governing Body for its consideration of the dedications of streets and other public ways, drainage and utility easements, and any other land dedicated for public use. The Governing Body shall approve or disapprove such dedications within 30 days of the receipt of the approved final plat. The Governing Body may defer action for an additional 30 days for the purpose of allowing modifications to comply with the requirements of the Governing Body. No additional fees shall be assessed during this period. If the final plat is deferred or disapproved, the Governing Body shall advise the Planning Commission of the reasons for such action. Failure of the Governing Body to execute an acceptance of dedications shown on the plat shall be deemed a refusal of the proposed dedications.
2-406. Acceptance of Dedications: A final plat that has been approved by the Planning Commission shall be submitted to the Governing Body for its acceptance of the dedication of streets and other public ways, service, and utility easements and any land dedicated for public purposes. The Governing Body shall accept or refuse the dedication within 30 days after its first meeting following the date of the submission of the final plat to the City Engineer. The Governing Body may defer action for an additional 30 days for the purpose of allo-wing for modifications to comply with the requirements of these Subdivision Regulations. No additional fees shall be assessed during this additional period. If the Governing Body defers or refuses such dedication, the Governing Body shall advise the Planning Commission of the reasons for such deferral or refusal. Failure of the Governing Body to execute an acceptance of dedication shown on the plat shall be deemed to be a refusal of the proposed dedication. Prior to recording any final plat with the Dickinson County Register of Deeds, the plat shall include a certificate of the Governing Body that·all dedications, if any, are accepted by the Governing Body.
2-407. Filing of Plat: The original of any final plat shall be filed with the Dickinson County Register of Deeds by the Zoning Administrator only after all approvals, acceptances and procedures as required by these Subdivision Regulations have been met. These include:
1. Approval of the final plat by the Planning Commission and endorsement thereon.
2. Approval of land dedicated to public purposes, if any, by the Governing Body and certification thereon.
3. Certification by the County Treasurer of Dickinson County, Kansas that there are no unpaid taxes, special assessments or tax liens outstanding against the property.
4. Acceptance of financial guarantees for public improvements.
5. Approval of engineering drawings, as required by these regulations.
2-501. Nothing contained in Sections 2-3 and 2-4 shall be construed to prohibit the concurrent submission of preliminary and final plats, so long as such submissions contain all the information and follow all the procedures that would otherwise be required by these Subdivision Regulations, if such preliminary and final plats were submitted separately. A public hearing shall be held as required by Section 2-305 of these Subdivision Regulations.
2-502. When an applicant submits the preliminary and final plats concurrently, the Planning Commission shall act upon such submittal within 60 days after submission, stating its approval, conditional approval (stating conditions), or disapproval (stating reasons). If such determination is not made within 60 days after the preliminary and final plats have been concurrently submitted for consideration, such plats shall be deemed to have been approved and a certificate shall be issued by the Secretary of the Planning Commission upon demand, unless the applicant has requested or consented to an extension or waiver of the time · limitation.
2-601 Whenever a subdivision or resubdivision consists of only one, two, three, or four lots, the Zoning Administrator may waive the requirements for submission of preapplication plans and data and the preliminary plat. Such waiver shall permit the applicant to file with the Zoning Administrator a “small subdivision plat” which shall: ·
1. Be discussed with the Zoning Administrator before submission.
2. Be submitted to the Zoning Administrator at least 30 days prior to the regularly scheduled Planning Commission meeting at which approval is sought.
3. Be subject to the notification requirements of Section 2-303 and the Planning Commission public hearing requirements of Section 2-305.
4. Contain the required information for final plats as outlined in Section 2-4.
5. Be accompanied by the filing fee required by these Subdivision Regulations.
6. Be acted upon by the Planning Commission within 60 days after submission, stating its approval, conditional approval (stating conditions), or disapproval (stating reasons). If such determination is not made within 60 days after the small subdivision plat has been submitted for consideration, such plat shall be deemed to have been approved and a certificate shall be issued by the Secretary of the Planning Commission upon demand, unless the applicant has requested or consented to an extension or waiver of the time limitation.
2-602. The approval of small subdivision final plats shall be subject to the provisions of Section 2-4 except the submission to the Governing Body shall not be required if there is no need for dedication of streets, or rights-of-way or other public property, or easements in whole or in part.
2-603. A series of two lot, three lot, or four lot subdivisions which create a unified subdivision shall not constitute a small subdivision within the meaning of this section.