Chapter 18.40
DESIGN STANDARDS

Sections:

18.40.010    Classification of subdivisions.

18.40.020    Size and shape determined by availability of water and sewer facilities.

18.40.030    Building site area determined by percolation tests.

18.40.040    Block dimensions.

18.40.050    Streets, alleys and public ways – Design.

18.40.060    Minimum street dimensions.

18.40.070    Drainage easements.

18.40.080    Street grades.

18.40.090    Pavement widths.

18.40.100    Pavement alignment.

18.40.110    Lot dimensions.

18.40.120    Easements required.

18.40.130    Dedication, reservation and acquisition of public sites and open spaces.

18.40.140    Adopted plans.

18.40.150    Stream buffers.

18.40.010 Classification of subdivisions.

Subdivisions are classified as follows:

(a) Class A. All subdivisions located within the corporate limits of the city.

(b) Class B.

(1) All subdivisions adjoining or touching the corporate limits of the city;

(2) All subdivisions adjoining or touching the boundaries of a tract or area for which annexation proceedings have been commenced by the city;

(3) All subdivisions touching or adjoining an approved subdivision which touches or adjoins the corporate boundaries of the city; and

(4) All subdivisions outside of the city limits, but within three miles thereof, that do not adjoin or touch the boundaries of the city and do not adjoin or touch a subdivision that adjoins or touches the boundaries of the city but lie adjacent to a major traffic thoroughfare.

(c) Class C. All subdivisions lying within three miles of the corporate limits of the city that do not adjoin or touch the boundaries of the city, and do not adjoin or touch the boundary of a subdivision that does adjoin or touch the boundaries of the city, and do not lie adjacent to a major traffic thoroughfare. (Code 1981 § 41-89. Code 1995 § 134-131.)

18.40.020 Size and shape determined by availability of water and sewer facilities.

(a) Generally. In all classes of subdivisions, the size and shape of the lots will be determined by the availability and adequacy of public sewer and public water facilities as follows:

(1) The determination of whether or not city water is available in adequate quantities to serve the subdivision shall be made in the following manner:

(i) A copy of the preliminary plat shall be sent to the department of public works for recommendation.

(ii) Upon receipt of the recommendation by the department, the subdivision committee shall report the facts to the planning commission.

(iii) The planning commission shall make its recommendation on the plat and on the availability and adequacy of city water to the council after the public hearing on the final plat.

(2) The determination of whether or not a public water company can furnish water in adequate supply to the subdivision shall be determined in the following manner:

(i) If the subdivider desires to use the facilities of a public water company, the subdivider shall submit an affidavit subscribed and sworn to by an official of the public water company, stating that the company is ready, willing and able to supply water in sufficient quantities to serve the subdivision.

(ii) Upon receipt of the affidavit and preliminary plat, the subdivision committee shall receive it and report the facts to the planning commission.

(iii) The planning commission shall make its recommendation, on the plat, on the availability and adequacy of water to the council after a public hearing on the final plat.

(b) Class A Subdivisions. For class A subdivisions:

(1) If the proposed subdivision is serviced with city water and public sewer or a community type sewage treatment plant, approval of the plat shall be subject to the minimum requirements set forth in this subsection (b).

(2) If the proposed subdivision is serviced with city water but not with a public sewer system or a community type sewage treatment plant, a preliminary plat will be submitted on the basis of one-half acre lots and shall be subject to the approval of the health department, which shall make soil percolation tests for each lot and make recommendations to the planning commission regarding lot sizes. The lots will be so proportioned as to permit future replatting consistent with good subdivision design.

(3) If the proposed subdivision is serviced by a public sewer system and not with city water and the developer will use a private water supply, the preliminary plat will be submitted on the basis of one-half acre lots, subject to the approval of the health department, which may make recommendations as to lot sizes. The lots shall be so proportioned as to permit future platting consistent with good subdivision design. The suggested desirable proportion is 160 feet frontage by 270 feet depth.

(4) If the proposed subdivision is not serviced with either city water or a public sewer system and the developer will be using a private water supply with septic tank sewage disposal, the subdivider shall submit the preliminary plat on the basis of one acre lots, subject to the approval of the health department, which shall make soil percolation tests and submit its recommendation regarding lot sizes to the planning commission. The lots will be so proportioned as to permit future replatting consistent with good subdivision design. Such plat shall carry a restriction prohibiting the installation of septic tank lateral fields within 25 feet of any property boundary line or private water supply, and the minimum lot dimensions in any direction shall be 150 feet.

(c) Class B Subdivisions. For class B subdivisions:

(1) If the proposed subdivision is serviced with a public water supply and a public sewage system or a community type sewage disposal treatment plant, the plat shall be subject to the minimum requirements set forth in this subsection (c).

(2) If the proposed subdivision is serviced with a public water supply but not with a public sewage system or a community type sewage disposal treatment plant, the plat shall be submitted on the basis of building site areas that are determined by soil percolation tests as performed by the health department. The health department shall make a recommendation to the planning commission on the building site areas based on the results of the soil percolation tests.

(3) If the proposed subdivision is serviced by a public sewage system or a community type sewage treatment plant and not with a public water supply, the plat shall be subject to the minimum requirements set forth in this subsection (c). However, the building site areas shall contain a minimum dimension of 100 feet at the front building line.

(4) If the proposed subdivision is not serviced with a public water supply, a public sewage system or a community type sewage treatment plant, the plat shall be submitted on the basis of building site areas that are determined by soil percolation tests as performed by the health department. The health department shall make a recommendation to the planning commission on the building site areas based on the results of the soil percolation tests; provided, however, the minimum building site areas shall contain at least one acre in area and have minimum dimensions of 125 feet at the front building line.

(5) In those class B subdivisions which touch or adjoin the corporate limits of the city or touch or adjoin an area on which annexation proceedings have been commenced, then the owner shall submit a written consent to annexation of the subdivision to the city along with the preliminary plat.

(d) Class C Subdivisions. The requirements and regulations pertaining to class C subdivisions are the same requirements as those applied to class B subdivisions, with the exception that in class C subdivisions the subdivider shall not be required to submit a written consent to annexation of the proposed subdivision. (Code 1981 § 41-90. Code 1995 § 134-132.)

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

18.40.030 Building site area determined by percolation tests.

(a) In subdivisions requiring soil percolation tests, the health department shall exercise adequate control for the protection of public health, and in its recommendation to the planning commission minimum requirements will be recommended that are necessary for this protection.

(b) The following shall be the basis for the determination of building site areas in subdivisions requiring soil percolation tests:

 

Building site area

Soil percolation rate

(1)

One-half acre

One inch per hour

(2)

One acre

One-half inch per hour

(3)

One and one-half acres

One-quarter inch per hour

(4)

Three acres

Less than one-quarter inch per hour

(c) Each building site in the subdivision shall be subject to the following restrictions:

(1) The minimum distance from any septic tank and lateral field to:

(i)

Water supply    

50 feet

(ii)

Watercourse    

25 feet

(iii)

Dwelling or property line    

10 feet

(2) The minimum distance from water wells and underground storage reservoirs to:

(i)

Watertight cast iron or drain line    

20 feet

(ii)

Dwelling or property line    

25 feet

(iii)

Vitrified-clay or concrete sewer line, septic tanks or lateral field    

50 feet

(d) The health department shall approve all site and test locations for the subdivision, and the design of septic tanks and lateral field systems. Prior to the completion of installation of any septic tank and lateral field system, the health department shall inspect and approve such installation prior to the issuance of an occupancy permit. (Code 1981 § 41-91. Code 1995 § 134-133.)

    Cross References: Planning commission, Chapter 2.135 TMC.

18.40.040 Block dimensions.

(a) Length. In general, intersecting streets that determine block lengths shall be provided at such intervals as to serve cross traffic adequately and to meet existing streets or customary subdivision practices in the neighborhood. In residential districts, where no existing plats are recorded, the blocks shall not exceed 1,200 feet in length, except that in outlying subdivisions a greater length may be permitted where topography or other conditions justify a departure from this maximum. In blocks longer than 800 feet, pedestrian ways or easements through the block may be required near the center of the block, and such pedestrian ways or easements shall have a minimum width of 10 feet.

(b) Width. In residential development the block width shall normally be sufficient to allow two tiers of lots of appropriate depth. Blocks intended for business or industrial use shall be of such width as may be considered most suitable for the prospective use, including adequate space for off-street parking and deliveries. (Code 1981 § 41-92. Code 1995 § 134-134.)

18.40.050 Streets, alleys and public ways – Design.

(a) Major Traffic Thoroughfares. Major traffic thoroughfares in subdivisions shall conform as nearly as possible to the master plan as adopted by the planning commission.

(b) Minor Streets. In residential areas of subdivisions all streets shall be of a design which will discourage through or nonlocal traffic.

(c) Culs-de-sac. Culs-de-sac in subdivisions shall normally be no longer than 500 feet, including a turnaround which shall be provided at the closed end.

(d) Right Angle Intersections. Under normal conditions, streets in subdivisions shall be laid out to intersect, as nearly as possible, at right angles. Where topography or other conditions justify a variation from the right angle intersection, the minimum angle shall be 60 degrees.

(e) Streets Adjacent to a Railroad Right-of-Way, Limited Access Freeway or Other Major Thoroughfares. A marginal access street or frontage road in a subdivision shall be provided parallel and adjacent to the boundary of rights-of-way of railroads, limited access freeways and major traffic thoroughfares; however, a street may be provided at a distance suitable for the appropriate use of land between such street and such rights-of-way. Such distance shall be determined with due consideration of the minimum distance required for approach connections to future grade separation or for lot depths.

(f) Half-Streets. Dedication of half-streets will not be approved except where such streets are essential to the reasonable development of the subdivision and in conformity with other requirements of this division.

(g) Alleys. Alleys shall be provided in commercial and industrial districts, except that this requirement may be waived where other definite and assured provisions are made for service access, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed. Dead-end alleys shall be avoided wherever possible, but if unavoidable, such dead-end alleys may be approved if adequate turnaround facilities are provided at the closed end. (Code 1981 § 41-93. Code 1995 § 134-135.)

    Cross References: Planning commission, Chapter 2.135 TMC.

18.40.060 Minimum street dimensions.

(a) All streets, alleys and public ways included in any subdivision to be dedicated and accepted shall not be less than the minimum dimensions for each classification as follows:

 

 

 

Feet

(1)

Major traffic thoroughfares:

 

 

(i)

Primary dual roadway    

120

 

(ii)

Primary single roadway    

100

 

(iii)

Secondary    

80

(2)

Collectors:

 

 

(i)

Primary    

70

 

(ii)

Secondary    

70

(3)

Minor streets    

60

(4)

Culs-de-sac: 50-foot radius on turnaround.

 

(5)

Marginal access streets or frontage streets:

 

 

(i)

Two-way    

60

 

(ii)

One-way    

50

(6)

Alleys    

20

(7)

Pedestrian ways    

10

(b) When existing or anticipated traffic on primary and secondary thoroughfares in subdivisions warrants greater widths of rights-of-way, such widths shall be required.

(c) Intersections involving two major traffic thoroughfares in subdivisions shall be designed in accordance with the design standard for major intersections. (Code 1981 § 41-94. Code 1995 § 134-136.)

18.40.070 Drainage easements.

Drainage easements may be required for subdivisions in addition to provided street rights-of-way where the street parallels streams or drainage areas. Upon the request of the planning commission, the city engineer shall make a study and make a recommendation as to the desired width of such easement to the planning commission. (Code 1981 § 41-95. Code 1995 § 134-137.)

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

18.40.080 Street grades.

The grades of streets, alleys and other public ways included in any subdivision shall not be greater than the maximum grades for each classification as follows, except where topographical conditions unquestionably justify a departure from the maximum.

 

 

 

Percentage

(a)

Major traffic thoroughfares:

 

 

(1)

Primary    

6

 

(2)

Secondary    

6

(b)

Collectors:

 

 

(1)

Primary    

8

 

(2)

Secondary    

8

(c)

Minor streets    

10

(d)

Culs-de-sac    

10

(e)

Alleys    

10

(f)

Pedestrian ways    

12

(Code 1981 § 41-96. Code 1995 § 134-138.)

18.40.090 Pavement widths.

Minimum widths of pavements on all streets, except in unusual cases, shall be as provided in this section. Minimum pavement widths for all streets, measured from back of curb to back of curb, and for all alleys and walks included in any subdivision, shall not be less than the minimum dimensions for each classification as follows:

(a) Major traffic thoroughfares:

(1) Primary: 65 feet (vertical face curb only).

(2) Secondary: 49 feet (vertical face curb only).

(b) Collectors:

(1) Primary: 41 feet (vertical face curb only).

(2) Secondary: 37 feet (vertical face curb); 38 feet (rollback curb).

(c) Minor streets: 29 feet (vertical face curb); 30 feet (rollback curb).

(d) Culs-de-sac:

(1) Fifteen building sites or less: 27 feet (vertical face curb); 28 feet (rollback curb).

(2) Over 15 building sites: 29 feet (vertical face curb); 30 feet (rollback curb).

(3) The minimum pavement diameter shall be 90 feet back to back curb.

(e) Alleys: 20 feet.

(f) Sidewalks: four feet. (Code 1981 § 41-97. Code 1995 § 134-139.)

18.40.100 Pavement alignment.

Horizontal and vertical alignment of pavement on all streets, except in unusual cases, shall be as follows:

(a) Horizontal Alignment. Minimum radii at the centerline of right-of-way:

(1) Major traffic thoroughfares:

(i) Primary: 500 feet.

(ii) Secondary: 300 feet.

(2) Collectors: 200 feet.

(3) Minor streets: 100 feet.

A tangent shall be provided between all reverse curves of sufficient length as related to the radius so as to provide for a smooth flow of vehicular traffic.

(b) Vertical Alignment. All changes in the pavement grade shall be connected by a vertical curve of such length as to provide for a sufficient sight distance and shall be subject to the approval of the city or county engineer, whichever shall apply. (Code 1981 § 41-98. Code 1995 § 134-140.)

    Cross References: City engineer, TMC 2.25.110.

18.40.110 Lot dimensions.

(a) The minimum width of lots at the building line in subdivisions shall be 50 feet.

(b) The minimum depth of lots in subdivisions shall be 110 feet.

(c) The minimum area of lots shall be subject to the district zoning regulations in which the subdivision is located.

(d) All side lot lines shall be at right angles to straight street lines, or radial to curved street lines in subdivisions.

(e) All corner lots in subdivisions shall have a minimum building setback of 30 feet to both streets, unless certain conditions such as topography, street alignment or adjacent setbacks warrant a deviation in this requirement.

(f) Double frontage lots in a subdivision shall be avoided unless, in the opinion of the planning commission, variation to this rule will give better street alignment and lot arrangement.

(g) Every lot in a subdivision shall have a frontage upon a street.

(h) Building or setback lines shall be shown on the preliminary and final plat only when determined to be necessary by the planning director due to unusual lot design, configuration, or special circumstances where setback lines need to be delineated to specify the appropriate setback.

(i) In subdivisions where a septic tank or other individual sewage disposal devices are to be installed, the size of all lots included in the subdivision shall be subject to regulations in TMC 18.40.030.

(j) In subdivisions served by private water supply, well or other means, the size of all lots included in the subdivision shall be subject to regulations in TMC 18.30.020 and 18.40.020(c). (Ord. 18266 § 3, 6-15-04; Code 1981 § 41-99. Code 1995 § 134-141.)

    Cross References: Planning department, TMC 2.25.090; planning commission, Chapter 2.135 TMC.

18.40.120 Easements required.

(a) Where alleys are not provided in subdivisions, permanent easements of not less than six feet in width shall be provided on each side of all rear lot lines, and on side lot lines where necessary for drainage, utility poles, wires, conduits, gas, water and heat mains and other public utilities. Such easements shall provide for a continuous right-of-way at least 12 feet in width. Where sanitary or storm sewers are installed in the permanent easements, they shall be not less than eight feet in width and shall be provided on each side of all lot lines. Such easements shall provide for a continuous right-of-way at least 16 feet in width. Where the rear lot line or the side lot line is also the boundary line of the subdivision, the entire 16 feet in width shall be provided within the proposed development if an easement is not provided on the adjacent property.

(b) Twelve-foot temporary construction easements shall be provided on each side of the permanent easement, for the initial construction of water and sewer lines and other utilities in the subdivision. These temporary easements shall be automatically vacated upon installation of all appropriate utilities.

(c) Any private utility company desiring to install utility lines in a permanent easement shall submit plans to the city engineer’s office showing the location of the proposed utility. Utility poles, meters and other aboveground obstructions shall be installed no more than four feet from the edge of the easement, to allow access and egress of maintenance vehicles and equipment.

(d) Property owners shall be admonished from placing any permanent or semipermanent obstruction in permanent sewer or utility easements. This includes, but is not limited to, trees, shrubs, fences, retaining walls, buildings or other miscellaneous obstructions that interfere with access and egress of maintenance vehicles and equipment for the operation and maintenance of the utilities or pipe lines located in the easement. Any permanent or semipermanent obstruction located in the permanent sewer easement may be removed by personnel representing the city, to provide for the proper operation and maintenance of that utility line, without cost or obligation for replacement. Cost of removal or replacement shall be the responsibility of the property owner. (Ord. 18266 § 4, 6-15-04; Code 1981 § 41-100. Code 1995 § 134-142.)

    Cross References: City engineer, TMC 2.25.110.

18.40.130 Dedication, reservation and acquisition of public sites and open spaces.

(a) Definitions. For the purposes of this division, certain terms and words are hereby defined.

(1) “Parkland” means any dedicated public open space specifically designed for active recreational uses, including linkages to the regional trail system, intended to serve one or more neighborhood(s) or the entire community (i.e., a regional park or trail).

(2) “Parkland acquisition cost” means the average sale price for one acre of vacant land within the city of Topeka and the city’s three-mile extraterritorial jurisdiction. For purposes of this division, said fee shall be set at $15,000 per acre.

(3) “Parkland improvement cost” means the average cost to improve a neighborhood level park with typical amenities for recreational uses. For purposes of this division, said fee shall be set at $25,000 per acre.

(4) “Parkland development fee” means the combination of parkland acquisition cost and the parkland improvement cost per dwelling unit to support five acres of parkland per 1,000 people. For the purposes of this division, the parkland development fee shall consist of 60 percent of the actual cost per dwelling unit.

(5) “Dwelling unit” means any single-family, two-family, or multifamily dwelling intended for habitation, including group living facilities.

(6) “Planning areas” means geographic areas for community-level parks as identified as parkland fee districts in the park and open space element of the comprehensive plan. New development outside a designated planning area shall be included in the adjacent or nearest planning area which would best serve that development.

(7) “New development” means construction of one or more dwelling units on a lot upon which no dwelling unit previously existed.

(8) “Redevelopment” means construction of one or more dwelling units on a lot upon which a dwelling unit previously existed and which has the effect of creating a greater number of dwelling units than previously existed.

(9) “Reconstruction” means rebuilding or replacement of a dwelling unit or units on a lot that previously maintained the same number, type and use of dwelling units which has the effect of creating the same or fewer number of dwelling units than previously existed.

(10) “County commission” means the board of county commissioners for Shawnee County, Kansas.

(11) “Parks and recreation director” means the Shawnee County parks and recreation director.

(12) “Planning commission” means the city of Topeka planning commission.

(13) “Planning director” means the director of the planning department for the city.

(b) Purpose. The purpose of this section is to serve the communities’ population growth with neighborhood and regional parkland based on the comprehensive plan and national recreation and parks association standard of five acres per 1,000 persons for a neighborhood park and 15 acres per 1,000 persons for a regional park.

(c) Parkland Development Fee.

(1) In all instances where property owners or developers seek approval of new development or redevelopment or a final plat or re-plat of land that creates additional residential lots or units, a parkland development fee shall be required. For subdivisions within the city’s corporate limits, all fees shall be collected by the development services division of the city public works department concurrent with the application for a building permit. For subdivisions within the city’s extraterritorial jurisdiction, the fee shall be paid to the county planning department or other responsible county agency concurrent with application for a building permit. No building permits may be issued without collection of parkland development fees in accordance with this section.

(2) The parkland development fee shall be assessed based upon the planning area’s health classification contained in the city’s comprehensive plan in which the dwelling unit(s) will be located according to the following schedule:

 

Planning Area Rating

Fee Schedule (per unit)

Single- and Two-Family Dwelling Unit Development

New Development or Redevelopment

New Development or Redevelopment w/Public Dedication

New Development or Redevelopment w/Private Dedication

One tree (intensive care)

$300.00

$188.00

$225.00

Two trees (at risk)

$225.00

$141.00

$169.00

Three trees (outpatient)

$150.00

$94.00

$113.00

Four trees (healthy)

$75.00

$47.00

$56.00

Planning Area Rating

Fee Schedule (per unit)

Three- to Eight-Family Dwelling Unit Development

New Development or Redevelopment

New Development or Redevelopment w/Public Dedication

New Development or Redevelopment w/Private Dedication

One tree (intensive care)

$267.00

$167.00

$200.00

Two trees (at risk)

$200.00

$125.00

$150.00

Three trees (outpatient)

$134.00

$83.00

$100.00

Four trees (healthy)

$67.00

$42.00

$50.00

Planning Area Rating

Fee Schedule (per unit)

Nine-Family Dwelling Unit Development and Above

New Development or Redevelopment

New Development or Redevelopment w/Public Dedication

New Development or Redevelopment w/Private Dedication

One tree (intensive care)

$234.00

$146.00

$175.00

Two trees (at risk)

$175.00

$110.00

$131.00

Three trees (outpatient)

$117.00

$73.00

$88.00

Four trees (healthy)

$58.00

$37.00

$44.00

(3) All fees shall be deposited in the city’s parkland acquisition and development fund by planning area. Fees collected shall be used for the acquisition and improvement of new or undeveloped parkland within the same planning area as which the fee is collected, including the improvement of undeveloped land within existing parkland.

(4)(i) Except as described in subsection (c)(4)(ii) of this section, upon application of the property owner, the county shall refund that portion of any parkland development fee which has been on deposit over seven years and which is unexpended and uncommitted. The refund shall be made to the then-current owner or owners of lots or units of the development project or projects.

(ii) If fees in any parkland development fee account are unexpended or uncommitted for more than six calendar years after deposit, the county commission shall make findings by resolution on or before December 31st of the sixth calendar year after receipt of the fee and annually thereafter until the funds are expended or committed. For so long as the county retains the fees, the resolution shall identify the purpose to which such fees shall be put and to show a roughly proportional and reasonable relationship between the fee and the purpose for which it was collected. If the county commission makes such findings, the fees are exempt from the refund requirement.

(d) Credit for Parkland Dedications. Developers may dedicate a portion of their land for public parkland. In such instances where parkland is accepted for dedication, a credit equal to $15,000 per acre, or fraction thereof, of dedicated parkland shall be applied against the balance of parkland acquisition costs required under this section for the subdivision. Provided, however, such dedication shall not reduce the payment for parkland improvement costs as reflected in the minimum fee schedule listed in subsection (c)(2) of this section.

(e) Credit for Parkland Improvements in a Benefit District. In addition to dedicating a portion of their land, developers may also petition the city to include the cost of public parkland improvements within a benefit district for the service area. Where such dedication occurs and public parkland is approved for inclusion in a benefit district, a credit equal to 100 percent of the required parkland improvement cost defined under this section shall be applied to the subdivision within the benefit district.

(f) Dedication Criteria. The parks and recreation director, after consultation with the planning director, shall determine the suitability of the land for parkland, and determine any improvements required to bring the land into usable condition. Factors to be considered in evaluating potential parkland sites shall include, but shall not be limited to, the following:

(1) All land proposed for dedication as a park or other recreational site shall contain a minimum of five acres.

(2) Not more than 10 percent of the park or open space shall contain stormwater detention/retention facilities, floodplain, or wetland, unless such area is part of a linear trail system, or is accepted by the parks and recreation director.

(3) The park or open space shall not have an average slope greater than 10 percent.

(4) Undisturbed natural open space may be accepted for a portion of the dedication requirements at the ratio of four acres of undisturbed natural open space, for each one acre of active parkland dedication.

(5) The parks and recreation director shall have the authority to waive or modify any or all of the above listed criteria.

(6) The park or open space shall be consistent with design policies/standards of the city’s comprehensive plan.

(g) Trail Dedication. Where the Topeka-Shawnee County trails and greenways plan identifies a trail planned for an area within a proposed subdivision, the property owner or developer shall be required to dedicate that portion of land for a public trail easement or trail right-of-way. Any such dedication shall receive a credit as specified in subsection (d) of this section.

(h) Other Considerations Prior to Deeding. The parks and recreation director may require that any dedicated parkland be improved prior to dedication. Factors that may be considered shall include, but shall not be limited to, the following:

(1) To the greatest extent possible, the developer may be required to preserve existing trees or other species of vegetation, or other natural features on the land to be dedicated for a park, trail, or recreational space. Significant trees lost during the construction process may be required to be replaced with suitable species and of suitable size as determined by the parks and recreation director.

(2) Grass or other quick establishing vegetative ground cover may be required to prevent soil erosion, according to the specifications determined by the parks and recreation director.

(3) The developer may be required to bring utilities to the boundary of the proposed park or open space and shall cap them off at no cost to the city. Utilities may include, but shall not be limited to, gas, storm sewer, sanitary sewer, and electricity. The location where such utilities are to be brought shall be determined by the city engineer and the parks and recreation director.

(i) Dedication Process.

(1) Land to be accepted as a park or trail under this section shall be designated as public park area or trail on the final plat.

(2) Prior to the dedication of parkland, the owner or developer shall provide the county with evidence of title in a form acceptable to the Shawnee County counselor or a title insurance policy insuring the county’s interest in the property. In any dedication of required land, the developer must have good and marketable title to the land, free and clear of any mortgages, liens, encumbrances, or assessments, except easements or minor imperfections of the title acceptable to the county.

(3) The parkland or trail shall be dedicated at the time of approval of the final plat. However, the county shall not accept the parkland or trail until the completion of required improvements and the approval of the parks and recreation director.

(j) Credit for Private Open Space. Property owners or developers may choose to reserve a portion of a subdivision for use as private open space for the benefit of subdivision residents. In such instances, a credit of 25 percent shall be applied against the parkland development fee as required by this division. All land proposed for reservation as private open space must be deemed usable and accessible by all residents within the proposed subdivision, as determined by the planning director, and approved by the planning commission. (Ord. 19715 § 2, 3-20-12.)

    Cross References: Planning department, TMC 2.25.090; public works department, TMC 2.25.110; planning commission, Chapter 2.135 TMC.

18.40.140 Adopted plans.

Subdivisions shall meet the design standards and development policies contained in the adopted elements of the comprehensive plan for the city of Topeka, including, but not limited to, the land use and growth management plan, the transportation plan, and the neighborhood plan elements adopted for the various areas of the city of Topeka. (Ord. 18266 § 7, 6-15-04. Code 1995 § 134-201.)

18.40.150 Stream buffers.

(a) Purpose. The creation and maintenance of stream buffers benefits the environment by protecting water quality and riparian ecosystems. This section shall, to the greatest extent possible, incorporate the city’s stream buffer requirements contained in TMC 17.10.010, et seq.

(b) Definitions. The terms, words and phrases used in this section shall have the meanings ascribed to them in TMC 17.10.020.

(c) Plat Requirements.

(1) All plats prepared for recording shall clearly:

(i) Show the extent of any buffer on the subject property by metes and bounds.

(ii) Label the buffer.

(iii) Provide a restriction stating, “There shall be no clearing, grading, construction or disturbance of vegetation except as permitted under TMC 17.10.060 or as approved by the public works director or his or her designee.”

(2) The public works director and planning director may mutually adopt administrative guidelines that more specifically illustrate text and graphics to be contained on the plat as referenced in this subsection.

(3) A dedication of a stream buffer area to the city shall not be interpreted to mean that this conveys to the general public the right of access to this area.

(4) Stream buffers situated adjacent to public streets add value to neighborhoods. In order to provide an incentive to locate buffers adjacent to public streets, the city will allow the dedicated right-of-way width as contained in the city’s design criteria adjacent to the improved street to be included within the outer zone of the stream buffer. Also, the city may through its platting process accept the dedication of buffer areas located adjacent to streets and maintain the same as public property. (Ord. 19430 § 5, 6-15-10.)

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