Chapter 17.05 STATEMENT OF INTENT AND DEFINITIONS

Chapter 17.05
STATEMENT OF INTENT AND DEFINITIONS

Sections:

17.05.010 Statement of intent.

It is the intent of this title to create standards for the platting and subdividing of land that will yield an accurate and easily accessible public record of parcel and easement boundaries, and a logical and efficient pattern of lots, blocks, easements and the proper location and width of streets and building lines in accordance with the Major Street Map. The requirements for platting are intended to result in a highly accurate description of parcel, easement and right-of-way boundaries; a public record format that is easily accessible and readily understandable; and an approval process that includes an opportunity for public review and comment. The requirements for the subdividing of land are intended to result in: a logical pattern of lots and blocks that are appropriately sized and shaped for the range of uses for which they are zoned, and an efficient pattern of streets which provide safe and convenient access to each parcel and reasonable connections between adjacent subdivisions. (Ord. 2254 § 2)

17.05.020 Definitions.

For the purpose of these regulations, certain terms used herein are defined as follows:

“Alley” means a minor way, dedicated for public use, which is used primarily for vehicular access to the sides or rear of lots.

“Applicant” means the person, firm, partnership, joint venture or corporation that seeks to exercise the privilege of engaging in the business of platting real property in the City by applying for plat approval.

“Area” means the gross area of the real property included in a plat for which approval is sought, measured in square feet.

“Block” means a parcel of land entirely surrounded by streets or highways, or as otherwise determined by the City Engineer.

“Building permit” means the City permit required for new building construction and/or additions to buildings pursuant to the Building Code of the City of Gardner. The term “building permit” as used herein shall not be deemed to include permits required for remodeling, rehabilitation or other improvements to an existing structure, or to the rebuilding of a damaged structure, or to permits required for accessory uses.

“City” means the City of Gardner, Kansas.

“City Engineer” means the duly appointed City Engineer of the City or his or her designee.

“Codes Administrator” means the duly appointed Codes Administrator of the City or his or her designee.

“Community Development Director” means the duly appointed Director of Community Development of the City or his or her designee.

“Community Development Plan” means the Comprehensive Plan for the City of Gardner, duly adopted and including subsequent amendments.

“Cul-de-sac” means a street having one end open to traffic and being terminated by vehicular turn-around.

“Director” means the Director of Community Development of the City or his or her designee.

“Easement” means a permanent or temporary grant of right by a property owner to the public, a corporation or other persons of the use of a strip of land for specified purposes. Ownership of the strip of land shall normally remain with the property owner.

“Governing Body” means the Mayor and City Council for the City of Gardner.

“Highway” means a thoroughfare controlled and maintained by the Kansas State Highway Department.

“Improvements” means street pavement, curbs, drainage facilities, sidewalks, utility lines, street markers, trees and bridges.

“Lot” means a portion of a subdivision intended as a unit for transfer of ownership or for development.

“Major street” means a street intended to provide for major traffic movements between areas of the City and designated on the City of Gardner’s Community Development Plan as an arterial street.

“Planning Commission” means the members appointed by the Mayor and confirmed by the Governing Body to serve on the Planning Commission.

“Plat” means a recordable final plat giving the location and dimensions of land as one or more lots, blocks, tracts or parcels, and meeting the requirements of the Municipal Code of the City of Gardner and Kansas Statutes.

“Plat, final” means a drawing of a permanent nature showing the precise location and dimension of such features as streets, lots, easements and other elements pertinent to transfer of ownership and prepared for permanent record.

“Plat or plan, preliminary” means a drawing showing the proposed general patterns of streets, lots and land uses within a tract to be subdivided.

“Recordable plat” means a plat capable of being recorded with the Records and Tax Administration (RTA) Office of Johnson County, Kansas.

“Records and Tax Administration (RTA) Office of Johnson County” means the Register of Deeds Office for Johnson County, Kansas.

“Rule exception” means the allowing of a subdivision to deviate from one or more specific standards and requirements of these rules and regulations.

“School district” means the Gardner-Edgerton U.S.D. 231 School District or any other public school district.

“Street, private” means a right-of-way which affords principal means of vehicular access to property abutting thereon, which right-of-way is owned, controlled and maintained by persons other than the public.

“Street, public” means 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” means a person, firm or corporation undertaking the subdividing of land.

“Subdivision” means the division of a lot, tract or parcel of land into two or more lots, plots, sites or other division of less than 40 acres, including a resubdivision of land and vacation of streets, lots and alleys. The creation of a street, alley or other public way by dedication shall be deemed a subdivision.

“Tax” means the excise tax levied by this title.

“Tax rate” means the rate of taxation applied to the area of real property expressed in dollars per square foot. (Ord. 2254 § 2)