Chapter 18.35
PLATTING

Sections:

Article I. Administrative Minor Plat Approval Process

18.35.010    Administrative approval process – Minor plat, lot line adjustments and splits.

18.35.020    Administrative minor plat rules and regulations.

18.35.030    Submission/contents.

18.35.040    Filing fees.

18.35.050    Action by the planning and public works directors.

18.35.060    Recording.

Article II. Preapplication

18.35.070    Submission of plans and data to planning commission.

18.35.080    Sewers.

18.35.090    Water.

18.35.100    Location map.

18.35.110    Filing of proposed plat.

18.35.120    Planning commission to report in 15 days.

18.35.130    Filing of preliminary and final plat together.

Article III. Preliminary Plat

18.35.140    Filing.

18.35.150    Contents.

18.35.160    Approval or disapproval by planning commission.

Article IV. Final Plat

18.35.170    Submission.

18.35.180    Filing fee.

18.35.190    Scale.

18.35.200    Contents.

18.35.210    Certification.

18.35.220    Supplementary documents and information.

18.35.230    Approvals necessary for proposed subdivisions.

18.35.240    Approval or disapproval.

18.35.250    Recording.

    State Law References: Platting, K.S.A. 12-752.

Article I. Administrative Minor Plat Approval Process

    Editor’s Note: Ord. No. 18558, § 2, adopted Jan. 24, 2006, amended the title of this article to read as herein set out. Formerly, this article was entitled “Generally.”

18.35.010 Administrative approval process – Minor plats, lot line adjustments and splits.

(a) Minor Plat Approval. The following plats or replats may be approved administratively upon the joint approval of the planning director and the public works director without submission to or approval by the planning commission or city council; provided, that all of the following criteria are met:

(1) Right-of-way for new streets is not proposed or required to serve the lots or tracts in the subdivision;

(2) The subdivision includes the total contiguous tract of land owned, or under control of, the applicant;

(3) The applicant has complied with any applicable stormwater management requirements;

(4) No more than five lots or tracts are added;

(5) Except as provided in subsection (a)(1) of this section, dedication of right-of-way or easements for public purposes is allowed but no dedication of any ownership interest in land resulting in acquisition of fee simple title;

(6) New lots or tracts front onto or are accessible from an existing street right-of-way which, except for nonbuildable lots or tracts, conforms to city specifications;

(7) Extensions of water or sewer mains are not required to serve the additional lots or tracts;

(8) Easements for utilities are not vacated, altered, removed or realigned unless the utility consents in writing and the planning director determines that vacation will not adversely impact adjoining property owners or the public health and welfare;

(9) The plat is consistent with the comprehensive metropolitan plan; and

(10) Real estate taxes and special assessments on the property proposed to be platted or replatted are not delinquent.

(b) Lot Line Adjustments. Lot line adjustments may be approved administratively upon the joint approval of the planning director and the public works director, provided all of the following criteria are met:

(1) The lots are either platted or are exempt from platting;

(2) Each lot meets the minimum lot size standards for the applicable zoning district and all structures meet applicable building height, size, and setback requirements;

(3) No additional lots are created; and

(4) No easements are added, relocated, or removed.

(c) Lot Splits. Lot splits may be approved administratively upon the joint approval of the planning director and the public works director, provided all of the following criteria are met:

(1) The lots are either platted or are required to be platted;

(2) Each lot meets the minimum lot size standards for the applicable zoning district and all structures meet applicable building height, size, and setback requirements;

(3) No easements are added, relocated, or removed;

(4) Water and sewer services will not be adversely impacted;

(5) Existing and proposed septic systems and wells meet all setback and area requirements;

(6) No public infrastructure improvements are necessary to serve the lots;

(7) Lot splits comply with the comprehensive plan; and

(8) The lot(s) has not been the subject of a previous split. (Ord. 19942 § 3, 3-10-15.)

    Cross References: Planning department, TMC 2.25.090; public works department, TMC 2.25.110.

18.35.020 Administrative minor plat rules and regulations.

The planning director, with the consent of the city manager, shall adopt such administrative rules and regulations as necessary to govern the procedure, submission requirements and contents of minor plats. Such administrative rules and procedures may be amended from time to time, and a copy of the current administrative plat approval rules and procedures shall be available for inspection at the planning department. (Ord. 18558 § 4, 1-24-06. Code 1995 § 134-43.)

    Cross References: Planning department, TMC 2.25.090.

18.35.030 Submission/contents.

After the proposed plat has been determined to meet the requirements for administrative minor plat approval as provided in TMC 18.35.010, the applicant shall submit the required number of copies of the proposed plat, as specified in the planning department’s administrative procedures, including the required documents, and the appropriate filing fee. The submission requirements and contents of minor plats shall be determined by the planning department’s administrative procedures. The design standards of this division shall apply to minor plats. (Ord. 18558 § 5, 1-24-06. Code 1995 § 134-44.)

    Cross References: Planning department, TMC 2.25.090.

18.35.040 Filing fees.

The fee for minor plat approval, lot splits and lot line adjustments shall be 50 percent of the fee for a major plat. (Ord. 19843 § 3, 8-27-13.)

18.35.050 Action by the planning and public works directors.

The planning director and the public works director, shall administratively approve, approve with conditions, or disapprove the minor plat within 30 days after the completed application has been submitted, including the necessary documents and fee. If the planning director and the public works director find that the application for the proposed plat does not meet the requirements of this article, the planning director shall advise the applicant in writing stating the reasons for such determination. If the plat is not eligible for administrative minor plat approval because it does not meet all the requirements provided in TMC 18.35.010, it may be resubmitted as a major plat, in accordance with this article and upon payment of the balance of the application fee for a major plat. (Ord. 18558 § 7, 1-24-06. Code 1995 § 134-46.)

    Cross References: Planning department, TMC 2.25.090; public works department, TMC 2.25.110.

18.35.060 Recording.

The number of copies of the administratively approved recorded minor plat, as specified in the planning department’s administrative procedures, shall be submitted to the planning director within 10 days after the plat has been recorded with the register of deeds. The planning director will distribute the recorded copies to the various government agencies and local utility companies. No building permit shall be issued by the city until the recorded copies of the approved minor plat are on file with the planning director. (Ord. 18558 § 8, 1-24-06. Code 1995 § 134-47.)

    Cross References: Planning department, TMC 2.25.090.

Article II. Preapplication

18.35.070 Submission of plans and data to planning commission.

Prior to the filing of the preliminary plat, the subdivider shall submit to the planning commission plans and data showing the subdivider’s ideas and intentions in platting of the property. (Code 1981 § 41-32. Code 1995 § 134-51.)

    Cross References: Planning commission, Chapter 2.135 TMC.

18.35.080 Sewers.

(a) The subdivider shall contact the department of public works regarding availability of sewers and specifications for all other public improvements for the subdivision.

(b) If public sewage systems are not available, the owner or an engineer shall contact the health department for standards and specifications for individual or community type sewage disposal treatment plant for the proposed subdivision. If individual septic tank systems will be used, the owner or an engineer shall request the health department to make soil percolation tests, the results of which are subject to the approval of the health department. The report and recommendation of the health department shall be forwarded to the planning commission. The above procedure must be completed prior to the filing of the preliminary plat. (Code 1981 § 41-33. Code 1995 § 134-52.)

    Cross References: Public works department, TMC 2.25.110; planning commission, Chapter 2.135 TMC.

18.35.090 Water.

If the subdivider plans to use city water facilities, the subdivider shall contact the water division to determine whether adequate water is available to serve the subdivision. (Code 1981 § 41-34. Code 1995 § 134-53.)

18.35.100 Location map.

A general location map shall be prepared and submitted to the planning department and shall show the proposed subdivision and its geographical relationship to community facilities. Such map shall show:

(a) The name of the property owner of adjacent land that is not subdivided;

(b) Location and name of adjoining subdivisions;

(c) Location and size of water and sewer lines;

(d) Relationship to major traffic thoroughfares; and

(e) Relationship to schools, parks and playgrounds. (Code 1981 § 41-35. Code 1995 § 134-54.)

    Cross References: Planning department, TMC 2.25.090.

18.35.110 Filing of proposed plat.

Ten copies of the proposed plat showing the intended design of streets, lots and other features of the subdivision in relation to existing utilities and general physical characteristics of the surrounding area shall be submitted to the secretary of the planning commission. (Code 1981 § 41-36. Code 1995 § 134-55.)

    Cross References: Planning commission, Chapter 2.135 TMC.

18.35.120 Planning commission to report in 15 days.

Within 15 days from the submission of the preapplication plan, the subdivider will be informed by the planning commission whether the plans and data submitted meet with the objectives of this division. If the planning commission finds that the plans and data do not meet the requirements of this division, it shall advise the subdivider of the requirements not met. (Code 1981 § 41-37. Code 1995 § 134-56.)

    Cross References: Planning commission, Chapter 2.135 TMC.

18.35.130 Filing of preliminary and final plat together.

Upon completion of the preapplication procedure, and with written approval by the planning director, the subdivider may submit both the preliminary and final plat, provided the subdivider signs an indefinite time waiver. (Code 1981 § 41-38. Code 1995 § 134-57.)

    Cross References: Planning department, TMC 2.25.090.

Article III. Preliminary Plat

18.35.140 Filing.

Upon completion of the preapplication procedure, the subdivider shall submit a preliminary plat, together with such supplementary information as will be of assistance in reviewing the plat. The subdivider shall submit 10 copies of the preliminary plat and one film positive eight inches by 10 inches, with a one-half-inch border, showing only the physical design area of the proposed subdivision. The preliminary plat shall be filed with the secretary of the planning commission at least 30 days prior to the date of the public hearing where the planning commission will consider the plat. (Code 1981 § 41-50. Code 1995 § 134-76.)

    Cross References: Planning commission, Chapter 2.135 TMC.

18.35.150 Contents.

The contents of the preliminary plat shall include the following:

(a) Vicinity map showing geographical location of the proposed subdivision.

(b) The proposed name of the subdivision (the name shall not duplicate or closely resemble the name or names of any existing subdivision).

(c) The location of the boundary lines in relation to the quarter section corner.

(d) The names and addresses of the developer, surveyor, landscape architect or architect who prepared the plat.

(e) The scale of the plat shall be one inch equals 200 feet or larger.

(f) Date of preparation and north point.

(g) Location, width and name of platted streets or other public ways, railroads and utility rights-of-way, parks and other public open spaces and permanent buildings within or adjacent to the proposed subdivision.

(h) All existing sewers, water mains, gas mains, culverts or other underground installations within the proposed subdivision or immediately adjacent thereto, showing pipe size, grades and location.

(i) Names of adjacent subdivisions, and owners of adjacent parcels of unsubdivided land.

(j) Topography with contour intervals of not more than five feet (referred to USGS datum), also location of watercourses, bridges, wooded areas, lakes, ravines, approximate acreage and such other features as may be pertinent to the subdivision.

(k) The location and width of proposed streets, roadways, highways, pedestrian ways and easements.

(l) The location and character of all proposed utility lines, including sewers (storm and sanitary), water, gas, telephone and power lines. Where new public streets or rights-of-way are proposed, a preliminary street plan which shall have cross-section and profile data of the existing conditions and of the proposed improvements. The preliminary street plan shall be reviewed by the city or county engineer for compliance with the uniform standards. The reviewing engineer shall submit a statement to the secretary of the planning commission prior to the public hearing, indicating that the preliminary street plan meets with uniform standards or setting forth the provisions necessary to meet the uniform standards. If a sewage treatment plant or other type of individual or community sewage disposal system is to be installed or constructed to serve all or certain portions of the proposed subdivision, the general plan for such community type sewage treatment or disposal system shall be shown and so identified on the proposed plat.

(m) Layout, numbers and approximate dimensions of all lots, and the number or letter of each block.

(n) Location and size of proposed parks, playgrounds, churches or school sites, or other special uses of land to be considered for dedication to public use or reservation by deed of covenant for the use of all property owners in the subdivision and the conditions of such dedication or reservation.

(o) Building setback lines with dimensions.

(p) Indication of any lots for which uses other than residential are proposed by the subdivider.

(q) A statement, on the plat, as to how lots will be sewered.

(r) Any stream buffer easements as required by this title.

(s) A drainage report, including a stormwater management plan if required by Chapter 13.35 TMC. (Ord. 19626 § 1, 8-23-11.)

    Cross References: City engineer, TMC 2.25.110; planning commission, Chapter 2.135 TMC.

18.35.160 Approval or disapproval by planning commission.

Approval or disapproval of the preliminary plat shall be conveyed to the subdivider within five days after the planning commission’s public hearing at which the plat was considered. If the plat is disapproved, the subdivider shall be notified of the reason for such action and what requirements shall be necessary to meet the approval of the planning commission. The approval of the preliminary plat does not constitute an acceptance of the subdivision, but is deemed to be an authorization to proceed with the preparation of the final plat. This approval of the preliminary plat shall only be effective for a period of six months, unless an extension is granted by the planning commission. If the final plat has not been submitted for approval within this specified period, a preliminary plat must be resubmitted to the planning commission for approval. (Code 1981 § 41-52. Code 1995 § 134-78.)

    Cross References: Planning commission, Chapter 2.135 TMC.

Article IV. Final Plat

18.35.170 Submission.

(a) After approval of the preliminary plat, the subdivider shall submit a final plat for recording purposes to the secretary of the planning commission. Such final plat shall be prepared by a registered engineer or surveyor.

(b) The original of the final plat, which shall be drafted on tracing cloth or drafting film, and 10 copies thereof shall be submitted to the secretary of the planning commission at least 15 days prior to the date of the public hearing at which the planning commission shall review the plat. An electronic image file of the plat, submitted as either a tag image file format (*.tif; *.tiff) or JPEG file interchange format (*.39119.jpg; *.jpeg), shall accompany the final plat. (Ord. 18266 § 1, 6-15-04; Code 1981 § 41-64. Code 1995 § 134-96.)

    Cross References: Planning commission, Chapter 2.135 TMC.

18.35.180 Filing fee.

Each phase of the plat review process, including replats, shall be accompanied by the appropriate filing fee as set forth herein. In the event an application is withdrawn prior to consideration of either the zoning and platting committee or governing body, the applicant may recover the filing fees less the actual expenses incurred by the planning staff.

(a) Preliminary Plat Phase.

1 – 10 lots    

$200.00 + $5.00/lot

11 – 50 lots    

$200.00 + $4.00/lot

51 – 150 lots    

$200.00 + $3.00/lot

151 – 500 lots    

$200.00 + $2.00/lot

501+ lots    

$200.00 + $1.00/lot

(b) Final Plat Phase.

 

$100.00 + $2.00/lot

(Ord. 17463 § 1, 2-1-00; Code 1981 § 41-65. Code 1995 § 134-97.)

18.35.190 Scale.

The final plat prepared for recording purposes shall be drawn to the following scale: one inch equals 100 feet or larger. The size of the sheet on which such final plat is prepared shall be at least 24 inches by 36 inches. Each sheet shall have a two-inch binding edge along the lefthand 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 more than one sheet is required, an index map of the same dimensions shall be filed showing the entire development at a smaller scale. (Code 1981 § 41-66. Code 1995 § 134-98.)

18.35.200 Contents.

The final plat shall show and contain the following information:

(a) Name of subdivision (not to duplicate or closely resemble the name of any existing subdivision).

(b) 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 mathematically close; the allowable area of closure on any portion of the plat shall be one foot in 5,000.

(c) The locations of monuments shall be shown and described on the final plat; locations 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.

(d) The location of lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii or area of all curves, and with all other information necessary to reproduce the plat on the ground; dimensions shall be shown from all angle points and points of curve to lot lines.

(e) Lots shall be clearly designated by number or letter; the area of each lot shall be indicated in terms of square footage either in tabular form or within the lot boundaries on the plat.

(f) Blocks shall be lettered clearly in the center of the block.

(g) The exact location, width and name of all streets to be dedicated.

(h) Location and width of all easements to be dedicated.

(i) Boundary lines and description of the boundary lines of any area, other than streets and alleys, which are to be dedicated or reserved for public use.

(j) Name and address of the developer and the surveyor or engineer making the plat.

(k) Scale of plat (scale to be shown graphically and in feet per inch), date and north point.

(l) Formal dedication for all easements.

(m) Formal dedication of all streets, alleys and all other public areas not previously dedicated.

(n) The names and signatures of the owners of the property, duly acknowledged and notarized, shall appear on the original and copies submitted.

(o) Any stream buffer easements as required by this title.

(p) A drainage report, including a stormwater management plan if required by Chapter 13.35 TMC. (Ord. 19626 § 2, 8-23-11.)

18.35.210 Certification.

(a) The final plat shall contain a certificate signed and acknowledged by the parties having any title or interest in the land subdivided, consenting to the preparation and recordation of the plat as submitted. The original and six copies of the plat, as submitted, shall carry the signatures of the owners and be duly notarized by a notary public.

(b) A certification by a registered engineer or surveyor that the details of the final plat are correct is required.

(c) Space shall be reserved on the final plat for the date and signature of the following certificate of approval:

(1) Chairperson and secretary of the planning commission;

(2) The council, to be signed by the mayor and city clerk;

(3) The board of county commissioners, to be signed by two members and the chairperson;

(4) Entry for the date and transfer of record with space for the signature of the county clerk; and

(5) Space for the recording of the instrument and the name of the register of deeds. (Code 1981 § 41-68. Code 1995 § 134-100.)

    Cross References: City council – mayor, Chapter 2.15 TMC; city clerk, TMC 2.25.010; planning commission, Chapter 2.135 TMC.

18.35.220 Supplementary documents and information.

(a) Two three-line profile prints of streets to be dedicated, indicating the grades thereon, may be required on final plats.

(b) A certificate from both the city and county stating that all taxes and encumbrances have been satisfied of record on the land to be dedicated as streets, alleys or other public purposes is required on final plats.

(c) If private restrictions are to be filed affecting the subdivision or any part thereof, two copies shall be filed with the final plat.

(d) Documentation shall be provided showing that all real estate taxes and special assessments on the property being platted are not delinquent. (Ord. 19843 § 4, 8-27-13.)

18.35.230 Approvals necessary for proposed subdivisions.

(a) All subdivisions, including resubdivisions, shall be submitted to the planning commission for consideration and approval for conformity with this division or variation therefrom, as provided in TMC 18.30.040.

(b) Any subdivision or resubdivision which includes land to be dedicated for public purpose which is approved by the planning commission shall be submitted to the city council for acceptance or disapproval of the public dedication, public reservation or public easement.

(c) All approved subdivisions or resubdivisions shall not become effective until such time as the plat thereof is recorded in the office of the register of deeds.

(d) Where a proposed subdivision or resubdivision is not approved by the planning commission, the secretary of the planning commission shall notify the owner by a written report stating the basis and reasons for such determination. (Code 1981 § 41-70. Code 1995 § 134-102.)

    Cross References: City council – mayor, Chapter 2.15 TMC; planning commission, Chapter 2.135 TMC.

18.35.240 Approval or disapproval.

(a) After the review of the final plat by the planning commission, such final plat, together with the recommendations of the planning commission, shall be transmitted to the council for its action. If approved, the plat shall be signed by the mayor and the city clerk and forwarded to the board of county commissioners as provided by law.

(b) If the planning commission disapproves the final plat, the secretary of the planning commission shall forward the plat, together with the report of the planning commission, stating the reasons for its actions. (Code 1981 § 41-71. Code 1995 § 134-103.)

    Cross References: City council – mayor, Chapter 2.15 TMC; city clerk, TMC 2.25.010; planning commission, Chapter 2.135 TMC.

18.35.250 Recording.

(a) Ten copies of the recorded plat shall be submitted to the secretary of the planning commission within 10 days after the plat has been recorded with the register of deeds. The recorded copies will then be distributed to the various government agencies and local utility companies. No building permit shall be issued by the code enforcement director or county zoning administrator until the recorded copies of such plat are on file with the secretary of the planning commission.

(b) Any deed for the dedication of a new public street shall not be filed with the register of deeds until such deed shall have endorsed on it the fact that it has been submitted to and has been approved by the planning commission and has been accepted by the city council.

(c) Any deed for the dedication or easement of additional right-of-way which is necessary to facilitate any public works project on an existing street or public way may be filed with the register of deeds without the endorsement of the planning commission and acceptance by the city council. (Code 1981 § 41-72. Code 1995 § 134-104.)

    Cross References: City council – mayor, Chapter 2.15 TMC; public works department, TMC 2.25.110; development services division, Chapter 2.30 TMC; planning commission, Chapter 2.135 TMC.