SUBDIVISION REGULATIONS

for

Lawrence

and

the Unincorporated Areas

of Douglas County, KS

December 19, 2006 Edition

Amended: September 11, 2007

Approval and Amendment Dates:

Approval of Subdivision Regulations for Lawrence & Douglas County, KS:

Approved by Lawrence City Commission on December 19, 2006

Approved by the Board of Douglas County Commissioners on December 20, 2006

Amendments made by Jt. Ordinance/Resolution ____:

Passed by City Commission for the City of Lawrence, Kansas on November 6, 2007.

Passed by the Board of County Commissioners of Douglas County, Kansas on October 29, 2007.

Article 8. Subdivision Design and Improvements

Contents of Article

20-801 General...................................................................................................... 3

(a) Purpose and Intent....................................................................................... 3

(b) Jurisdiction................................................................................................... 3

(d) Exemptions.................................................................................................. 3

(e) Vested Rights............................................................................................... 3

(f) Combination of Unplatted Lands..................................................................... 3

20-802 General Review and Approval Procedures............................................... 3

(a) Authority to File Applications.......................................................................... 3

(b) Form of Application....................................................................................... 3

(d) Application Processing Cycles......................................................................... 3

(e) Application Review and Recording fees........................................................... 3

(f) Application Completeness, Accuracy and Sufficiency......................................... 3

(g) Applications Containing Technical Deficiencies................................................. 3

(h) Applicability.................................................................................................. 3

20-803 Property Divisions in Service Area 1, Lawrence Urban Growth Area...... 3

(a) Prerequisite to Development.......................................................................... 3

(b) Procedure Required...................................................................................... 3

20-804 Cluster Developments in the Urban Growth Areas.................................. 3

(a) Purpose....................................................................................................... 3

(b) Applicability.................................................................................................. 3

(d) Restrictive Covenant..................................................................................... 3

(e) Notice to Nearby Property Owners [Renumbered from (d) to (e)].............................. 3

(f) Cluster Developments – After Annexation [Renumbered from (e) to (f)].................... 3

(g) Application [Renumbered from (f) to (g)]............................................................... 3

(h) Administrative Review and Consideration Procedures [Renumbered from (g) to (h)].. 3

(i) Developable Acreage and Development of Future Development Area................. 3

20-805 Large Parcel Property Divisions in Urban Growth Areas.......................... 3

(a) Purpose....................................................................................................... 3

(b) Applicability.................................................................................................. 3

(d) Restrictive Covenants.................................................................................... 3

(e) Notice to Nearby Property Owners [renumbered from (d) to (e)]............................. 3

(f) Application [renumbered from (e) to (f)]................................................................ 3

(g) Administrative Review and Consideration Procedures [renumbered from (f) to (g)].... 3

(h) Developable Acreage and Development of Future Development Area [renumbered from (g) to (h)] 3

20-806 Property Divisions in the Rural Area (Outside the UGAs)........................ 3

(a) Purpose....................................................................................................... 3

(b) Definitions.................................................................................................... 3

(d) Parent Parcel Division.................................................................................... 3

20-807 Certificate of Survey, Administrative Review Procedures...................... 3

(a) Purpose....................................................................................................... 3

(b) Authority...................................................................................................... 3

(d) Application................................................................................................... 3

(e) Requirements and Material to be Included....................................................... 3

(f) Criteria for Review........................................................................................ 3

(g) Review and Action by the Planning Director..................................................... 3

(h) Amending an Approved Certificate of Survey................................................... 3

(i) Appeals Process for Sections 20-804, 20-805 and 20-806 [renumbered from (h) to (i)] 3

20-808 Minor Subdivisions.................................................................................... 3

(a) Purpose....................................................................................................... 3

(b) Authority...................................................................................................... 3

(d) Criteria for Review........................................................................................ 3

(e) Application................................................................................................... 3

(f) Review and Action by the Planning Director..................................................... 3

20-809 Major Residential and Non-Residential Subdivisions................................ 3

(a) Purpose....................................................................................................... 3

(b) Applicability.................................................................................................. 3

(d) Criteria for Review........................................................................................ 3

(e) Preliminary Plat – Application......................................................................... 3

(f) Review and Action by the Planning Commission............................................... 3

(g) Phasing for Final Plats................................................................................... 3

(h) Effects of Approval by the Planning Commission............................................... 3

(i) Preliminary Plat – Review and Action by Governing Body................................... 3

(j) Preliminary Plat Expiration............................................................................. 3

(k) Final Plat – Application.................................................................................. 3

(l) Final Plat – Review by Planning Director.......................................................... 3

(m) Signatures on Final Plat................................................................................. 3

(n) Processing after Approval of Final Plat............................................................ 3

20-810 Subdivision Design Standards................................................................... 3

(a) General....................................................................................................... 3

(b) Frontage and Access..................................................................................... 3

(d) Streets........................................................................................................ 3

(e) Street Names and Lot and Block Numbering.................................................... 3

(f) Easements................................................................................................... 3

(g) Parks, Open Space Schools and Other Public Facilities...................................... 3

(h) Land In Floodplain Overlay Districts................................................................ 3

(i) Resource Preservation – City of Lawrence....................................................... 3

(j) Resource Preservation – Unincorporated Area of the County............................. 3

(k) Soils and Soil Testing – City of Lawrence........................................................ 3

20-811 Public Improvements................................................................................ 3

(a) Public Improvement (Construction) Standards................................................. 3

(b) Streets........................................................................................................ 3

(d) Wastewater Disposal Systems....................................................................... 3

(e) Water Supply............................................................................................... 3

(f) Telephone, Cable Television Electrical Lines.................................................... 3

(g) Street Trees................................................................................................ 3

(h) Completion of Public Improvements................................................................ 3

(i) Escrow Deposit............................................................................................. 3

(j) Irrevocable Letter of Credit............................................................................ 3

20-812 Contents of Plats...................................................................................... 3

(a) Preliminary Plat............................................................................................ 3

(b) Final Plat..................................................................................................... 3

20-813 Administration and Enforcement.............................................................. 3

(a) Planning Department Powers and Duties......................................................... 3

(b) Planning Commission Powers and Duties......................................................... 3

(d) Building Permits in the Unincorporated Area of Douglas County......................... 3

(e) Building Permits in the City of Lawrence.......................................................... 3

(f) Appeals [renumbered from (e) to (f)].................................................................... 3

(g) Variances [renumbered from (f) to (g)]................................................................. 3

(h) Design Variances for Planned Development [renumbered from (g) to (h)].................. 3

(i) Enforcement and Penalties [renumbered from (h) to (i)].......................................... 3

(j) Violations [renumbered from (i) to (j)]................................................................... 3

(k) Penalties; Remedies [renumbered from (j) to (k)]................................................... 3

20-814 Building Setbacks, Enforcement, Exceptions............................................ 3

(a) Building or Setback Lines On Major Streets or Highways................................... 3

(b) Exceptions................................................................................................... 3

(d) Enforcement................................................................................................ 3

(e) Interpretation............................................................................................... 3

20-815 Interpretations, Rules of Construction and Definitions........................... 3

(a) Interpretation and Rules of Construction......................................................... 3

(b) Definitions.................................................................................................... 3

20-810 Subdivision Design Standards

(a) General

(1) Applicability

All Subdivisions shall comply with the Design and Improvement Standards of this Section and 20-810(j).

(i) Lots shall be laid-out and designed to comply with all applicable zoning district regulations. The size, width, depth, shape, and orientation of each Lot in a Subdivision shall also take into consideration Topography (steepness of slope and gradient), physical features, type of use contemplated and effect on adjacent Lots.

(ii) Lots for commercial and industrial use shall be of size and arrangement to allow for off-Street/Road parking and loading facilities.

(iii) Double-Frontage and reverse-Frontage Lots shall be avoided except where they are necessary to provide for the separation of residential Development from Collector and Arterial Street/Roads or to overcome or take advantage of specific disadvantages of steep Topography and orientation. A planting screen Easement of a minimum 20 feet, with or without a berm, shall be provided along the portion of the Lots abutting such an Arterial Street/Road if required by the Planning Commission.

(iv) Corner Lots shall be a minimum of 20 % wider than interior Lots to allow for appropriate building setbacks and sufficient yard space.

(v) Any Lot that is not rectangular or that has a single dimension of less than 55 feet shall show the Building Envelope permitted under the current Zoning District regulations; a note to such Building Envelope filed on a separate document in the Planning Department shall identify the applicable Zoning District and the date of the Zoning provisions on which the preparer has relied in designating the Building Envelope.

(vi) Lawrence Residential lots shall not be created where the width at the street right-of-way line is less than 75% of the depth of the lot except where the established neighborhood pattern would support a lesser percentage or the lot front onto a cul-de-sac.

(3) Plans for Resubdivision

Whenever an area is divided into Lots with a lot area of one acre or greater, and there is a possibility that such Lots may eventually be re-subdivided into smaller Lots, consideration shall be given to the Street, and Lot arrangement of the original Subdivision so that additional Streets can be opened later to permit a logical arrangement of smaller Lots. Provision of Easements for the future opening and extension of such Streets and for gravity sewerage and storm water drainage shall, upon recommendation of the Planning Commission and approval of the Governing Body, be made a condition of Plat approval.

(b) Frontage and Access

All Lots shall have Frontage on a public Street except that:

(1) Private Streets may only be approved as part of a Planned Developments and are not allowed in the unincorporated area of the County; and,

(2) Joint-Use Driveways in Lawrence with a minimum paved width of 24 feet may be approved as part of the Subdivision approval process for campus-like commercial or industrial Developments (e.g., shopping centers, industrial/business parks), if there is a city approved easement of record ensuring perpetual access to the Joint-Use Driveway by all Lots with Street Frontage and providing for the perpetual ownership, continuance and maintenance of the Joint-Use Driveway. Joint-Use Driveway approaches serving residential uses may only be approved with the filing of an instrument for joint maintenance of the driveway approach area and only when individual driveways are separately maintained beyond the Street right-of-way line. Joint-Use Driveways are not permitted in the unincorporated area of the County.

(3) Joint-Use Driveway shall not be considered as parking or loading space or as an aisle for access to individual parking spaces in computing conformance with the parking requirements of the Zoning Ordinance.

(4) An alley may provide the primary vehicular access to one or more Lots in a subdivision, provided that each such Lot shall have Street Frontage on a Public Street. Alley access is particularly appropriate where the Street Frontage for the Lot is on a Collector Street.

(5) Joint use access points may be approved within Lawrence or the unincorporated area of the County when located wholly within the dedicated public street right-of-way or public road easement.

(c) Blocks

(1) General

The lengths, widths, and shapes of Blocks shall be determined with due regard to:

(i) Limitations and opportunities of Topography and other physical features such as utilities, floodplains, wetlands and natural storm drainage patterns;

(ii) Provision of building sites adequate for the special needs of the type of use contemplated and adequate storm drainage from each lot, such as provisions of swales between lots;

(iii) Zoning requirements as to Lot sizes and dimensions; and

(iv) Need for convenient access, circulation, and control of Street traffic for safety.

(2) Length

(i) City of Lawrence

Block length for Local Streets within the City of Lawrence shall not exceed 800 feet in length (centerline to centerline of Streets) unless the Subdivider demonstrates to the satisfaction of the Decision-Making Body that:

a. There are pedestrian connections at intervals of 700 feet or less, replacing the connection that would exist as a sidewalk along the Street; and

b. The proposed Block must be greater than 800 feet in length because physical conditions preclude a Block length of less than 800 feet. Such conditions may include, but are not be limited to, Topography or the existence of natural resource areas such as wetlands, Floodplains, wildlife habitat areas, steep slopes or woodlands.

(ii) Rural Area

[Reserved]

(3) Width

A residential Block shall have sufficient width to allow for two tiers of Lots of appropriate depth unless it adjoins a limited-access Street, Collector Street, Arterial Street, railroad or other nonresidential use, in which case it may have a single tier of Lots that exceed the minimum lot width required in the zoning district.

(4) Shape

Blocks may be irregular in shape, provided their design meets the requirements of Lot standards, traffic flow and control considerations and any adopted watershed/ sub-basin plans, sector or neighborhood Plan.

(d) Streets

(1) General

(i) Local Streets within the City of Lawrence should be less than 1,320 feet in length. Local Streets exceeding 800 feet in length shall include traffic calming devices, shown in an adopted City of Lawrence Traffic Calming Policy document, at intervals not exceeding 400 feet.

(ii) All Streets within Subdivisions shall be laid-out, arranged and designed in accordance with any adopted watershed/sub-basin plans, sector or neighborhood Plan or, in the absence of such a plan, with all applicable Street Layout and Design standards of this Article.

(iii) Arterial and Collector Streets shall be laid-out, arranged and designed in accordance with any adopted Major Thoroughfares Plan or corridor plan.

(iv) Subdivisions shall provide a logical Street layout in relation to topographical conditions, public convenience, safety and the proposed use of the land to be served by such Streets.

(v) At time of Preliminary Plat approval, the full right-of-way for all boundary line and full maintenance roads shall be annexed to the City.

(2) Connections

(i) Every subdivision shall provide for at least one street connection to each adjacent subdivision or future adjacent subdivision. Any existing or Platted Street that terminates at the boundary line of a proposed Subdivision shall be continued into the subject Subdivision in such a manner as to provide Street connections to adjoining lands and Streets within the subject Subdivision or, in the case of a local Street, may be terminated in a cul-de-sac.

(ii) Streets shall provide for Street connections to adjacent undeveloped land in accordance with the adopted Major Thoroughfares Plan.

(iii) No new Subdivision shall be approved in which more than 35 residential Lots or potential residential dwelling units, or more than 25,000 square feet of nonresidential space will have access to the public road system via a single outlet to the arterial and collector Street system as shown on the adopted Major Thoroughfares Plan.

(3) Intersecting Streets

(i) Local Streets generally should not intersect Arterial Streets. The Planning Commission, with the advice of the City Engineer, may approve a new connection of a Local Street to an Arterial Street where it finds that such connection is part of the best traffic solution for the new subdivision and where the Subdivider will add turn lanes or other improvements recommended by the City Engineer to the Arterial Street to minimize the impact of the connection on the functioning of the Arterial Street.

(ii) Local Streets intersecting opposite sides of another Local or Collector Street when offset shall be offset 300 feet or more.

(iii) Streets shall intersect as nearly as possible at right angles.

(iv) Not more than two Streets shall intersect at any one point.

(v) Residential connector Streets shall be designed within neighborhoods to connect to these neighborhoods’ service areas. These residential connector Streets shall have sidewalks on both sides.

(4) Cross-Sections

(i) City of Lawrence

All platted Subdivisions lying within the City of Lawrence shall comply with the following cross-section standards:

Street Type [1] Measured from back of curb to back of curb. [2] Includes limited access routes.	Right-of-Way	Roadway			Sidewalks (See §20-811(c))
	Min. Width (feet)	Min. Width (feet) [1]	Paving	Curb and Gutter	Sidewalks (See §20-811(c))
Principal Arterial	150	*	Required	Required	Both Sides
Minor Arterial (3 lane)	100	40	Required	Required	Both Sides
Collector	80**	36	Required	Required	Both Sides
Local or Residential Collector	60	30	Required	Required	Both Sides
Local	60	27	Required	Required	Both Sides
Limited Local	50	22	Required	Required	Both Sides
Cul-de-sac ***	60**	22	Required	Required	Both Sides

* As directed by the City Engineer

** Additional r-o-w may be necessary at Intersections

***Paved bulb with 50’ radius is required

(ii) Rural Area

All residential Developments and nonresidential Subdivisions within the Rural Area shall comply with the following minimum cross-section standards:

Street Type [1] Measured from back of curb to back of curb. [2] Includes limited access routes.	Right-of-Way	Roadway				Sidewalks
	Min. Width (feet)*	Min. Width (feet) [1]	Traveled Way Paving	Min. Shoulder Width	Shoulder Paving	Sidewalks
Principal Arterial (w/ median)	150 [2]	**	Required	**	Required	See Section 20-811(c)
Principal Arterial (w/o median)	120	40	Required	8	Required
Minor Arterial	100	36	Required	6	Required
Major Collector	80	32	Not Required	4	***
Minor Collector	70	28	Not Required	2	***
Local	70	24	Not Required	2	***

* Right-of-way shall be sufficient to include top of ditch back slopes; may be variable

** Shall meet latest AASHTO geometric tabular design standards or tabular standards, whichever is

greater.

*** Shoulder surface type shall match traveled way surface type, unless otherwise approved by the

County Engineer.

(5) Grades

The finished grade for all Streets shall be at or above the Base Flood Elevation. The grades of Streets shall comply with the following standards:

Street Type	Maximum Grade (%)	Minimum Grade (%)
Arterials (Principal and Minor):
City or Urban Growth Area	5	1.0
Rural Area	5	1.0
Collector (Major or Minor)	9	1.0
Marginal Access	10	1.0
Local	10	1.0

Note: The City or County Engineer, as applicable, shall be authorized to approve minor deviations for short distances from these grade standards when it is determined that compliance with these standards is impracticable.

(6) Radii of Curvature

The minimum radius of curvature of the centerline of Arterial and Collector Street shall be as follows:

Design Speed (MPH)*	Minimum Curvature Radius (feet)*	Minimum Tangent Length (feet)*
20	125	75
25	205	100
30	300	150
35	420	200
40	565	250
45	730	250
50	930	250
55	1,200	250

* The information in this Table assumes a 4% super-elevation.

(7) Cul-de-sacs

(i) Cul-de-sac lengths shall not exceed 10 times the required minimum Lot Width of the base zoning district or 1,000 feet (1320 feet if rural), whichever is less. A Cul-de-sac’s length shall be measured from the center point of the Cul-de-sac bulb or turn-around to the centerline of the right-of-way of the nearest intersecting Through Street.

(ii) Maximum Cul-de-sac length may be increased by up to 25% above the maximum allowed by Section 20-810(7)(i) during the Subdivision approval process if the Decision-Making Body determines that the proposal meets all of the following criteria:

a. It is impracticable to connect the Street to another Street or to provide a second means of access that would avoid the Cul-de-sac or allow the Cul-de-sac to meet the Cul-de-sac length limit because:

1. The area is separated from other parts of the Subdivision or a possible Street connection by Floodplains, wetlands, steep slopes greater than 10% or other natural resource areas, making it impracticable to provide the area a second means of access that would avoid the Cul-de-sac or allow the Cul-de-sac to comply with the maximum Cul-de-sac length limit (e.g., by providing a loop Street into the area instead of the Cul-de-sac, or extending the Cul-de-sac to connect to another Street), and

2. Other properties adjoining the area have already been subdivided or developed in a manner that precludes connecting the Cul-de-sac to an existing or proposed Street, or the area is so separated from adjoining properties providing potential access by Floodplains, wetlands, steep slopes or other natural resource areas thereby making it impracticable to extend or connect the Cul-de-sac to the adjoining properties; and

b. Use of Cluster Housing provisions of this Development Code would not reasonably allow compliance with the Cul-de-sac length limit of Section 20-810(d)(7) and realization of at least 75% of the maximum Lot density allowed by the site’s base zoning; and

c. The degree of increase in allowable Cul-de-sac length is the minimum necessary to allow the above findings.

d. The Subdivider bears the burden of demonstrating that all criteria have been met.

(iii) All Cul-de-sacs shall have a minimum right-of-way radius of 60 feet.

(iv) In Subdivisions with Cul-de-sacs, Easements may be required to ensure that the water supply system is looped.

(v) If a Cul-de-sac is longer than 600 feet, the subdivision shall include Pedestrian Right-of-Way Easements at the terminus of the Cul-de-sac to provide pedestrian connections to and from the Cul-de-sac, in accordance with 20-810(f)(4)(iii).

(vi) Streets longer than one Lot that terminate at the property boundaries of undeveloped land shall provide an improved temporary Turnaround.

(8) Half-Streets

(i) Whenever right-of-way for ½ of a Street has been dedicated to bring that Street to then-current standards, regardless of whether that half of the Street has been improved, and a subdivision of land adjoining the other half of the Street is proposed, the remainder of the right-of-way shall be dedicated and improved by the Subdivider.

(ii) New Half-Streets are prohibited, except when the Decision-Making Body determines that a Half-Street is the only means of accommodating reasonable Development of the proposed Subdivision and adequate assurances in accordance with Section 20-811(h)(2) are provided that the remaining portion of the Half-Street will be dedicated and improved.

(iii) Lots abutting on Half-Street that take sole access from that public right-of-way shall be designated as non-buildable (on the Plat) until the remainder of the Street is dedicated and improved. No building permits shall be issued for Lots with access only to a Half-Street until the entire remainder of the Street right-of-way between the two nearest intersecting Streets and passing in front of the subject lot(s) is dedicated and improved.

(9) Private Streets and Roads

(i) Private Roads are prohibited in the Unincorporated Area of Douglas County, except for those that were approved prior to December 15, 1998.

(ii) New Private Streets in the City are permitted only in Planned Developments approved by the Planning Commission and City Commission.

(iii) Before Douglas County will consider a request to assume maintenance of any existing Private Street, by Dedication or otherwise, the Street or Road must be brought into compliance with all applicable Road and right-of-way standards.

(10) Alleys

(i) Alleys shall be provided in commercial and industrial districts, except that the Governing Body may waive this requirement where other definite or assured provisions are made for service access, off-Street loading and unloading and parking spaces consistent with and adequate for the uses proposed.

(ii) Alleys shall have a minimum right-of-way width of 20 feet.

(iii) Alleys shall comply with the construction standards of the city and/or county, as provided in these regulations.

(iv) Intersecting Alleys shall be prohibited except when no feasible alternative exists. When Alley Intersections are unavoidable, a turning radius shall be provided to permit safe vehicular movement.

(v) Dead-End Alleys shall be prohibited. When such Alleys are necessary to serve dock areas, they shall be designed with adequate turn-around facilities.

(e) Street Names and Lot and Block Numbering

(1) Street names shall be proposed by the Subdivider, reviewed by the Public Works Department, and approved by the City Commission. The approval of Street names shall be within the legislative discretion of City Commission, subject to the following standards:

(i) Compass directions shall not be used as part of Street names;

(ii) The identifiers “Street”, “avenue”, “court, “terrace,” and “place” shall be used only in accordance with the respective definitions of those terms;

(iii) Streets that run in an east – west direction shall be named as numbered Streets;

(2) Existing Street names shall be used where the Street to be named is, or would be, a logical extension of an existing Street even though separated by undeveloped land, natural physical barriers or man-made obstructions;

(3) Where a proposed Street is shown on an adopted Major Thoroughfares Plan and such plan indicates a name for that Street, that name shall be used; and

(4) Lot numbers shall be assigned by starting in the northeast corner of each Block and proceeding in a counterclockwise direction. When a Street separates a group of Lots, a new Block shall be identified, and the Lots within the new Block shall be numbered as herein specified.

(f) Easements

(1) Permanent Utility Easements

Permanent utility Easements shall be provided where necessary to accommodate utilities that will serve the Subdivision. Permanent utility Easements shall be provided where necessary to allow for utility service in and through the proposed subdivision. Where such an Easement is necessary, it shall be centered on rear or side Lot Lines, as applicable, and shall be at least 30 feet and 10 feet wide respectively, except that Easements for Street lighting purposes only need not exceed 10 feet in width.

(2) Temporary Utility Easements

Temporary utility Easements shall be provided where necessary to accommodate the installation of utilities that will serve the Subdivision. Temporary utility Easements shall be centered on rear or side Lot Lines and shall be at least 30 feet and 25 feet wide respectively. The temporary utility Easement shall expire after the initial installation of the required utilities. After the expiration of a temporary utility Easement, the permanent utility Easement will govern.

(3) Drainage Easements

Drainage Easements for water courses, drainage Swales or streams which traverse a Subdivision may be required. Drainage Easements shall be exclusively for that use and separate from the Dedication of other utility Easements. Upon the request of the Planning Commission, the City or County Engineer, as applicable, shall make recommendation to the Planning Commission regarding the desired width of the Drainage Easement. Such study and report shall be based on the 100-Year Flood depth (if known), or the Regulatory Flood Elevation when provided by the Federal Insurance Administration.

(4) Pedestrian Right-of-Way Easements

(i) It is the goal of the City to ensure that the pedestrian circulation system within the City and within the Urban Growth Area forms a complete and effective network that includes, but is not limited, to sidewalks along Streets. In particular, it is the goal of the City to ensure that people have efficient and relatively direct pedestrian access between their places of residence and:

a. Nearby elementary schools;

b. Nearby parks and recreation facilities;

c. Other public facilities, such as libraries and community centers;

d. Adjoining neighborhoods or subdivisions, regardless of whether there are direct Street connections between the neighborhoods and/or subdivisions;

e. Any nearby shopping or service centers;

f. The nearest Arterial or Collector Street with a bus route; and,

g. Any nearby access point to a trail or greenway system.

(ii) In furtherance of that purpose, Pedestrian Right-of-Way Easements shall be required when Block lengths for Local Streets exceed 800 feet in length. Such Easements shall extend entirely across the width of the Block at approximately the midpoint of the Block. Pedestrian Right-of-Way Easements shall have a minimum width of 12 feet. The Planning Commission may waive this requirement where, due to topography or physical barriers, the Pedestrian Right-of-Way would not form a logical part of the larger pedestrian circulation system.

(iii) Also in furtherance of that purpose, additional Pedestrian Right-of-Way Easements should be required within the City and Urban Growth Area to provide pedestrian connections from a Subdivision to schools, parks, shopping, employment or other nearby uses and to link pedestrian routes in adjacent Subdivisions or neighborhoods, including a pedestrian connection at the terminus of each cul-de-sac. Pedestrian-Way Easements shall have a minimum width of 12 feet.

(iv) The responsibility for paving the pedestrian way shall be the developers, and these pedestrian ways shall be constructed concurrent with the paving of the most adjacent Roadway, unless otherwise provided by the ~~City Commission~~ Planning Director in acting on the final plat. The responsibility for maintenance of the pedestrian way shall be that of adjacent property owners or the homeowners association for the subdivision.

(v) Variances from these standards may be granted by the Governing Body when considering the Preliminary Plat according to the standards of 20-813(f).

(g) Parks, Open Space Schools and Other Public Facilities

The Planning Commission shall encourage or require the donation, reservation, or Dedication of sites for parks, open space, schools and other public facilities in accordance with the Comprehensive Plan for Parks and Recreation in the amount of 5% of the total land area of a residential subdivision plus $600 per lot for each single family dwelling Lot.

(h) Land In Floodplain Overlay Districts

Land within a Floodplain Overlay District shall be subject to the Flood Protection Standards of Article 12 and to the comparable provisions adopted by the Board of County Commissioners for the Unincorporated Area of Douglas County.

(i) Resource Preservation – City of Lawrence

(1) Subdivisions shall be designed to preserve natural resources and environmentally sensitive areas, such as streams, wetlands, prominent natural geographic features, and stands of mature trees. See Section 20-1101(c) (2)(iii) b., which requires that development of lands containing more than 5 % defined sensitive lands can be developed only through a Cluster Development or a Planned Development. Section 1101(c) (3) requires that certain sensitive lands be dedicated, included in private open space or otherwise preserved through development design. Note also that Section 1101(c) (4) may limit the achievable density of developments containing specified sensitive lands.

(2) Subdivisions shall be designed to preserve archaeological and historical sites. See Section 20-1101(c) (2)(iii) b., which requires that development of lands containing more than 5 % defined lands, which include archaeological and historic sites, can be developed only through a Cluster Development or a Planned Development. Section 1101(c) (3) requires that certain archaeological and historic lands be included in private open space or otherwise preserved through development design. Note also that Section 1101(c) (4) may limit the achievable density of developments containing archaeological and historic sites.

(j) Resource Preservation – Unincorporated Area of the County

(1) Residential Developments and non-residential Subdivisions in the unincorporated area of the County shall be designed to protect and conserve through the dedication of Conservation Easements, natural resources and environmentally sensitive areas. These include Floodways, based on the FEMA’s one-hundred year storm; Floodplains, based on the FEMA’s one-hundred year storm; jurisdictional wetlands; stream corridors; prominent natural geographic features with rocky outcroppings; and, stands of mature trees or individually significant mature trees.

(2) Residential Developments and non-residential Subdivisions shall be designed to protect and conserve through the dedication of Conservation Easements, archaeological and historical sites.

(k) Soils and Soil Testing – City of Lawrence

Soils shall be identified based on the Soil Conservation Survey soils categories and characteristics. Soils test shall be obtained to verify sub-surface soil characteristics for rocky or unstable soil types, when requested by the City Engineer, for areas proposed to be dedicated for City of Lawrence public rights-of-way and public easements.

20-811 Public Improvements

(a) Public Improvement (Construction) Standards

(1) Standards

All Public Improvements, including but not limited to water, sanitary sewer, Streets, curbs, gutters, storm sewers and storm drainage, roundabout, pedestrian facilities, traffic calming devices or traffic control devices shall comply with the construction standards established by the City Engineer or County Engineer, as applicable. Such standards are incorporated herein by reference.

(2) Pre-Pinning

In the Unincorporated Area of Douglas County, at or before the time of construction of public improvements, sufficient grade and alignment stakes shall be set by a licensed land Surveyor, engaged by the Subdivider to assure compliance with plan, profile and drainage of Streets and such other Public Improvements as are proposed and submitted with the Final Plat and approved by the County Engineer. Compliance with the items listed above and use of appropriate construction methods shall be determined by the County Engineer. A permit shall be issued by the County Engineer for the construction of a future public improvement prior to commencement of any work activity associated with the improvement. A fee in an amount set by Resolution of the County Commission shall be charged for the permit. This sub-section shall apply only to subdivisions in which the complete lot pinning required by Section 20-811 (g) (8) has not been completed at the time that the first public improvements are installed.

(3) Administration and Fees

Compliance with the items listed above and use of appropriate construction methods shall be determined by the County or City Engineer, as applicable. A permit shall be issued by the County or City Engineer, as applicable for the construction of a future public improvement prior to commencement of any work activity associated with the improvement. A fee in an amount determined by resolution of the Governing Body shall be charged for the permit.

(b) Streets

(1) City of Lawrence

Subdivision Streets located within the incorporated city limits shall be constructed to comply with standards adopted by the City of Lawrence.

(2) Urban Growth Areas

Subdivision Streets located within the Urban Growth Areas shall be constructed to the Street and road standards of the City that established the Urban Growth Area.

(3) Rural Area

Subdivision roads located within the Rural Area shall be constructed to the higher of the following standards:

(i) Road standards adopted by the Township(s) in which the road is located;

(ii) Standards specified on an adopted Major Thoroughfare Map;

(iii) Other adopted County standards applicable to a road of the classification and/or location of the proposed road; or

(iv) At a minimum, adopted Douglas County rock Roadway standard.

(4) Requirements When Access Barriers Exist

Wherever a proposed Subdivision contains or is adjacent to a limited access Street; an Arterial Street; or a railroad right-of-way; the appropriate Governing Body shall require the following for the protection for the integrity and subsequent safety, efficiency and economy of the access, Arterial, or railroad right-of-way:

(i) Dedication of a Local Street to provide Ingress and Egress to and from such Blocks or Lots;

(ii) A Street approximately parallel to and on each side (where applicable) of such limited access Street, Arterial Street, or railroad right-of-way at a distance suitable for the appropriate use of the land between such Streets;

(iii) Reverse Frontage Lots with Access Control provisions along the rear property line; or

(iv) Adequate distance between such parallel Streets and the Arterial, limited access Street, or railroad so as to provide for proper approach grades and future grade separation.

(c) Sidewalks and Pedestrian Ways

(1) City of Lawrence and Urban Growth Areas

Sidewalks and pedestrian ways shall be provided in the City of Lawrence and in platted subdivisions in the Urban Growth Areas in accordance with the standards of this sub-section (for Lawrence and the Lawrence UGA) or the applicable UGA city’s (Baldwin City, Eudora, or Lecompton) standards:

(i) Public sidewalks shall be installed on both sides of all Streets, as follows:

Street Type	Minimum Sidewalk Width (feet)
Local	5; Minimum width of 4 feet allowed in the Original Townsite Area
Collector	5
Arterial	6; A designated 10’ Bicycle/Recreation Path on one side of the Street and a 6’ side walk on the other side

(ii) Sidewalks shall be constructed in accordance with standards and specifications adopted by the applicable Governing Body.

(iii) The Applicant for a Subdivision may request a waiver of part or the entire requirement to install sidewalks. The Planning Commission may make a recommendation on such waiver request, but final action on the waiver request shall be by the Governing Body, as part of the ~~Final~~ Preliminary Plat review. If the applicable Governing Body takes no specific action on a proposed waiver of part or all of a sidewalk requirement, the waiver shall be deemed to be denied. In reviewing waiver requests from the standard sidewalk width, special consideration shall be given to walks adjacent to Collector or Arterial roads located in historic districts and areas with severe site Topography which would make it impractical or difficult to build a sidewalk in accordance with the above standards.

(iv) Sidewalks required to be constructed within the same right-of-way as the Street being paved shall be constructed concurrently with the paving of the adjacent Roadway.

(v) Where an approved Preliminary Plat (including a condition to such Plat) shows a pedestrian way other than a sidewalk, an improved pedestrian way not less than eight (improved) feet wide in Easement space dedicated for that purpose shall be provided by the Subdivider. Pedestrian Right-of-Way Easements shall be improved in accordance with adopted City construction standards to a width of 12 feet and shall conform to all accessibility requirements of the Americans with Disabilities Act. Completion of the improvement for any segment of such Easements shall not be required under the earlier of three years after approval of the Final Plat or three months after the issuance of the last Building Permit for a lot adjoining the segment; completion of such improvements shall be guaranteed in accordance with Section 20-811(g)(8).

(vi) Public Improvement Petitions shall include the construction of sidewalks or pedestrian ways, except where the appropriate Governing Body has specifically waived the installation as provided Section 20-810(f)(4)(ii) above. The total cost of all sidewalks or pedestrian way Improvements shall be borne by the property benefited in the improvement district.

(2) Rural Area

The Planning Commission may recommend and the Board of County Commissioners shall be authorized to require sidewalks in other Major Subdivisions when deemed necessary to provide for safe pedestrian connections to nearby schools, parks, shopping, employment or other uses or activities. See also the Pedestrian-Way Easement provisions of Section 20-810(f)(4).

(d) Wastewater Disposal Systems

(1) On-Site Sewage Management Systems are prohibited on any land which is platted under these regulations or is located in the City of Lawrence or in Service Area 1 of the Urban Growth Area of Lawrence.

(2) On-Site Sewage Management Systems may be permitted in Subdivisions in Service Areas 2-4 of Lawrence’s Urban Growth Area, other City’s Urban Growth Areas, or in Subdivisions in the Rural Area, subject to the following minimum Lot area standards:

(i) For Lots that use well water as the primary Potable Water source, the minimum Lot area for an On-Site Sewage Management System is 5 acres. Any land located within the Floodplain shall not be counted in calculating Lot area for the purpose of meeting minimum Lot area requirements for on-site sewage management system use;

(ii) For all other Lots, the minimum Lot area requirement for an On-Site Sewage Management System is 3 acres. Any land located within the Floodplain shall not be counted in calculating Lot area for the purpose of meeting minimum Lot area requirements On-Site Sewage Management System;

(iii) No portion of an On-Site Sewage Management System shall be located within the FEMA designated floodplain; and,

(iv) Calculation shall not include land dedicated for rights-of-way or exclusive Easements.

(3) Community Sewage collection and treatment facilities (including lagoons) may be provided for subdivided or newly created Lots or parcels in the Urban Growth Areas or for any other newly created Lots not suitable for an On-Site Sewage Management System.

(i) Such systems shall be subject to approval by the Kansas Department of Health and Environment and shall be designed to allow for future connection to a public sewer system.

(ii) Maintenance of such facilities shall be provided by a Homeowner’s association, benefit district (if then permitted under Kansas law), or other appropriate entity. Evidence shall be submitted at the time of Subdivision approval showing the establishment of such an entity to be responsible for maintenance and management of the system.

(4) In situations in which an On-Site Sewage Management System has been proposed, no Subdivision shall receive final approval until the Subdivider has presented evidence that the On-Site Sewage Management System, as a method of Sewage disposal for the Subdivision, has been approved by the Douglas County Health Department.

(5) Where On-Site Sewage Management Systems are allowed under these regulations, they must be approved by the County Health Officer.

(6) On-Site Sewage Management Systems shall be constructed in accordance with “Standards on Individual On-Site Sewage Management System - Lateral Fields and Other Sewage Disposal Systems for the Unincorporated Territory of Douglas County, Kansas,” County Sanitary Code, Resolution 97-48, as amended.

(e) Water Supply

(1) Before approval of a Final Plat or Certificate of Survey within Lawrence’s Urban Growth Area that will not be served by the City of Lawrence utilities, the Subdivider shall provide written documentation to the Douglas County Health Department that a Publicly Treated Water supply is provided for all Lots.

(2) Upon Plat approval for land located within the City of Lawrence or Lawrence’s Urban Growth Area, the Subdivider must sign an agreement to connect to a Municipal Water system when Public Water lines are within 1,000 feet of any planned Improvements on the property and such connection is feasible.

(3) Subdividers are required to consult with the applicable Fire Department and Rural Water District to determine if the provision of Fire Hydrants as part of the Public Water supply system is feasible.

(i) In those cases where the provision of Fire Hydrants as part of the Public Water supply system is determined by the Fire Department and Rural Water District to be feasible, Fire Hydrants must be provided.

(ii) Where existing water pressure is insufficient for Fire Hydrants as part of the Public Water supply, or where there is no Publicly Treated Water supply, the Subdivider must install dry hydrants adjacent to a pond or other water storage device with sufficient capacity, and in an appropriate location, to support firefighting needs as determined by the applicable Fire Department.

(4) Evidence shall be submitted with the Final Plat showing compliance with the requirements of this section.

(f) Telephone, Cable Television Electrical Lines

Telephone, cable television and electrical lines must be located underground when located in the City of Lawrence or Subdivisions in Lawrence’s Urban Growth Area. This requirement shall be noted on the face of the Plat. This provision shall not apply to high voltage electrical lines.

(g) Street Trees

All Subdivisions within the City of Lawrence or Lawrence’s Urban Growth Area shall be required to provide a Master Street Tree Plan that meets the standards of this sub-section.

(1) Minimum Tree Requirements

Street trees shall consist of canopy shade and/or ornamental trees, as defined below and meeting the following minimum requirements:

(i) Size

Medium or large trees, as defined by Section 18-103(e) of the Code of the City of Lawrence, Kansas, and amendments thereto, which can reach a mature height of 45 feet or greater are required except that ornamental trees planted pursuant to Section 21-708a.2 are not subject to the 45 feet height requirement. The minimum trunk caliper of Street trees, at the time of planting, measured six inches above the ground in accordance with the American Nurseryman Standards shall be as follows:

Street Tree Type	Minimum Trunk Caliper (inches)	Mature Height (feet)
Canopy Shade	2 (ball and burlap or equivalent)	At least 45
Ornamental	1.5 (ball and burlap or equivalent)	No more than 20

(ii) Number

One tree shall be provided for every 40 feet of Street Frontage. The City may approve a Master Street Tree Plan that varies from this requirement to allow for Driveways, utilities, and Intersection visibility requirements.

(iii) Minimum Species Diversity

The following minimum requirements shall apply to all master Street tree plans. To prevent uniform insect or disease susceptibility, a mix of species shall be provided. The City Parks and Recreation Department shall, upon request, provide a list of trees that are acceptable to satisfy the requirements for master Street tree plans. To promote diversity in the urban forest, the number of trees required to be planted shall be in accordance with the following requirements:

Number of Trees per Plat	Minimum Number of Species
1–10	1
11–20	2
21–30	3
31–40	4
41+	6

(2) Planting Location and Clustering

(i) Location in RS and RM12D Zoning Districts

Street trees shall be located in the front-yard, building setback and/or adjacent to the right-of-way at a distance not greater than 10 feet from the boundary line of the right-of-way. Street trees shall not be planted until after planned utilities have been installed. Trees shall be planted no closer than 8 feet from existing underground utility lines. On corner Lots, no tree shall be planted nearer than 50 feet from the intersecting curb lines of the two Streets. No tree shall be planted between the curb and the sidewalk if the clear space is less than 3 feet wide.

(ii) Location in all other zoning districts

Street trees shall be located either within the Street right-of-way or within the required front yard building setback, PROVIDED, no tree is located farther than 30 feet from the back of the curb, with the exception of Lots on the radius of a cul-de-sac which shall be located not greater than 45 feet from the back of the curb. Street trees shall not be planted until planned utilities have been installed. Trees shall be planted no closer than 8 feet from existing utility lines. On corner Lots, no tree shall be planted nearer than 50 feet from the intersecting curb lines of the two Streets. No tree shall be planted between the curb and the sidewalk if the clear space is less than 3 feet wide. [RE: Chapter XVIII of the City Code]

(iii) Clustering

Street trees shall be evenly spaced along the Street Frontage unless one or more of the following conditions exist: a) the Lot is on a corner; b) the presence of existing trees, which qualify for credit under Section 20-811 (g)(5), interrupt the even spacing of trees; c) topographic conditions (i.e. steep gradient, rock outcroppings), based on Planning Staff evaluation, dictate building location and Driveway placement which interrupts the even spacing of Street trees.

(iv) Overhead Lines and Fixtures

If the planting site will prevent the growth of canopy shade trees due to overhead utility lines, ornamental trees shall be permitted as a substitution for the canopy shade trees in accordance with the Location and Clustering requirements of this Section and shall be subject to the following requirements: a) the canopy of the ornamental tree(s) shall be no closer than 10 feet from the overhead lines and its mature height shall not exceed 20 feet; and; b) the ornamental tree(s) shall be planted at least 15 feet away from any Street light.

(v) Cul-de-Sac lots

Lots on cul-de-sacs that have a Street frontage of 45’ or less shall be required to provide only one Street tree per lot.

(3) Master Street Tree Plan

(i) A proposed written Master Street Tree Plan shall be submitted at the time a Final Plat is submitted to the Planning Department for review.

(ii) Prior to recording the Final Plat with the Register of Deeds, the Applicant shall provide a Master Street Tree Plan that is signed and properly acknowledged by the property Owner(s). The Master Street Tree Plan shall be written to be binding on present and future property Owners. A reference line shall be provided on the Final Plat indicating the book and page where the Master Street Tree Plan is filed which shall be completed by Planning Staff at the time the Final Plat is filed at the Register of Deeds.

(iii) The Master Street Tree Plan shall be prepared in a format established by the Planning Department and shall include the following information: (a) a list of acceptable Street tree types; (b) the number, location and size of existing trees proposed to be saved and applied to the fulfillment of this requirement; (c) the provisions to be taken pursuant to Section 18-107 of the Code of the City of Lawrence, Kansas during construction for the protection of existing trees to be saved (if any); (d) if trees are proposed in Street medians, provisions for maintenance (including how water line extensions will be paid); and (e) the identification of power line locations.

(4) Provision of Right of Entry

(i) Each Final Plat filed on and after January 1, 2003, for detached or attached single family residential Structures to be built on individual Platted Lots in a City residential Subdivision in RS zoning districts shall contain the following note on the face of the Final Plat: “The City is hereby granted a temporary right of entry to plant the required Street trees pursuant to Section 20-811(g) of the City Subdivision Regulations.”

(ii) For Final Plats filed before January 1, 2003, for detached or attached single family residential Structures to be built on individual Platted Lots in a City residential Subdivision in RS zoning districts, the property Owner of undeveloped Lots for which a city building permit has not been issued shall sign a consent form and submit it with the building permit application granting the City of Lawrence temporary right of entry to plant the required Street trees pursuant Section 20-811(g) of the City Subdivision Regulations.

(5) Credits for Existing Trees

Existing trees may be applied toward the fulfillment of this Street tree requirement when:

(i) All of the following conditions exist

a. The tree is healthy and of a species the Director of the Parks and Recreation Department or his/her designee determines to be desirable as a Street tree;

b. The existing tree is within the Street right-of-way or within 30 feet of the back of the curb or proposed curb line;

c. The tree(s) caliper of a canopy shade tree is at least four inches measured 6 inches from the ground, or in the case of an ornamental tree, the tree caliper is at least two inches, measured six inches from the ground, in accordance with the American Nurseryman Standards;

d. The Applicant has submitted a tree protection plan that conforms with the requirements of Section 18-107 of the Code of the City of Lawrence, Kansas, and amendments thereto, and

(ii) The existing or proposed location of overhead utility lines along the Street right(s)-of-way will not prevent the full growth of the Street tree.

(6) Timing of Landscape Placement

(i) The timing of, and manner in which the Street trees shall be planted for detached or attached single family residential Structures to be built on individual platted lots in city residential subdivisions final platted in RS Zoning Districts filed on and after January 1, 2003, shall be in accordance with City Administrative Policy No. 83.

(ii) The timing of, and manner in which the Street trees shall be installed on those undeveloped Lots for which the City has not issued a building permit for detached or attached single-family residential Structures on individual Lots within existing Platted Subdivisions in the RS and RM12D zoning districts filed before January 1, 2003, shall be in accordance with City Administrative Policy No. 83.

(iii) For all other required Street trees not covered by (i) and (ii) above, and/or Developments requiring a site plan:

a. Trees shall be installed, after other Public Improvements, if water is available for their care and maintenance. The property Owner or his designee shall be required to guarantee planting of the tree at the time a building permit application is submitted.

b. Street trees shall be planted prior to final building inspection or the issuance of an occupancy permit. Consideration shall be given to seasons of the year and adverse weather conditions in requiring completion of tree planting PROVIDED, the guarantee for planting is extended to the date of completion of tree planting.

c. Guarantee shall be provided in the following form:

1. A cash escrow deposit in a federally insured commercial bank or savings and loan institution authorized to do business in Kansas in an amount set forth in the City of Lawrence Administrative Policy No. 83. This escrow deposit shall be invested and reinvested by such bank or savings and loan, the interest or discount from which shall be paid to the Subdivider upon final release of such escrow deposit as determined by Section 20-811. Money will be withdrawn to pay the Developer or a designated nursery after the installation of said trees and prior to the issuance of a final certificate of inspection; or

2. The appropriate Governing Body, at its discretion, may accept an irrevocable letter of credit from a financial institution or a corporate surety performance bond in lieu of a cash escrow deposit to insure the planting of the required Street trees.

(7) Continuing Maintenance

(i) Continuing maintenance of trees planted by the City shall be in accordance with the maintenance provisions set forth in City of Lawrence Administrative Policy No. 83.

(ii) For all other required Street trees not covered by section 20-811(g) and/or Developments requiring a site plan, the on-going maintenance of trees, once planted, shall be the responsibility of the property Owner adjacent to the public right-of-way or Private Street. If a Street tree dies or fails to be planted within one calendar year of issuance of an occupancy permit, the City shall notify the property Owner of the need to plant or replace the tree(s) as applicable. Should the property Owner fail to plant or replace the tree within 30 days of notification, the City shall reserve the right to cause the required trees to be installed and the cost of the tree(s), plus the cost of installation of the tree(s), shall be assessed to the property Owner.

(8) Lot Pinning

(i) Pins for all corners of the Subdivision and for all Lot corners shall be set and the completion of the setting certified by the responsible Surveyor before a Plat is recorded.

(ii) A Major Subdivision can be pinned or staked in phases that are coincident with:

a. The Street construction and Development phase;

b. The placement of utilities within the designated utility Easements phase; and

c. The pouring of building foundations for slabs for building construction (issuance of a building permit phase).

(iii) Before the filing of a Plat or replat with the Register of Deeds, the Developer or Owner shall provide certification to the Planning Director that the Subdivision’s boundaries are pinned and there is a contract with a licensed Land Surveyor to pin the Lots after completion of Street and Public Improvements.

(iv) At the time the Street plans are submitted to the public works department for approval, the center lines of right(s)-of-way shall be identified by establishing the following control points:

a. Points of Intersection (PI);

b. Points of Tangency (PT); and,

c. Points of Curvature (PC).

(v) Simultaneously with the construction of public improvements, staking or pinning of the Subdivision boundary corners and key points along the Easement(s) shall be completed to provide the following information:

a. The Intersection of four or more Lots;

b. Points of curvature; and

c. Points of Intersection with other Easements.

(vi) At the time of application for a building permit, the Developer or builder of the Lot shall present certification (letter stamped by a licensed Land Surveyor) to the building inspector to assure Lot corners are pinned and pins are found or set.

(h) Completion of Public Improvements

Before a Final Plat or replat may be recorded, the Subdivider shall:

(1) Provide written certification from the City or County Engineer, as applicable, that all required Public Improvements in that portion of a Subdivision authorized for Development have been completed in accordance with applicable Design and Public Improvement Standards of this Article; or

(2) Provide for one or more of the following means of ensuring completion of required Public Improvements:

(i) A Public Improvement Petition for construction and installation of all or a portion of the required Public Improvements. However, property within the Regulatory Floodplain is not eligible for this option;

(ii) A cash escrow deposit in an amount estimated by the appropriate Engineer to be sufficient to assure the appropriate Governing Body of the construction and installation of the uncompleted portion of the required Public Improvements in accordance with applicable improvement standards;

(iii) An irrevocable letter of credit from a financial institution qualified to do business in Kansas, in a form satisfactory to the appropriate Governing Body, in an amount estimated by the appropriate Engineer to be sufficient to assure the appropriate Governing Body of the construction and installation of required Public Improvements in accordance with applicable improvement standards; or

(iv) The appropriate Governing Body may approve the Final Plat subject to the condition that it not be recorded until the City Engineer or County Engineer, as applicable, has determined that all required Public Improvements have been completed in accordance with the standards of this Article and related design standards of the applicable local government. If the required improvements are not timely completed, the City Engineer or County Engineer may submit the Final Plat to the appropriate Governing Body for further consideration; after giving the Subdivider an opportunity to be heard, the appropriate Governing Body may rescind the approval of the plat, require additional assurance for completion of the Public Improvements, authorize the recording of the Final Plat without further improvements, or extend the timeline for completion of the Public Improvements.

(v) The appropriate Governing Body may, at its discretion, determine which of such methods for ensuring completion of required Public Improvements shall be required.

(i) Escrow Deposit

(1) The amount of the cash escrow deposit determined in accordance with Section 20-811(h)(2)(ii) shall be deposited by the appropriate Governing Body in a special escrow account in the commercial bank in which the funds of such appropriate Governing Body are then deposited.

(2) This escrow deposit shall be invested and reinvested by such bank in short-term government securities, the interest or discount from which shall be paid to the Subdivider upon final release of such escrow deposit as hereinafter provided.

(3) Upon written certification from the City or County Engineer, as applicable, that the required Improvements have been 30% completed, the appropriate Governing Body shall release 30% of such escrow deposit to the Subdivider.

(4) Upon a like certification that the required Public Improvements have been 50% and thereafter, 75% completed, the appropriate Governing Body shall release 20% and 25% respectively, of the original escrow deposit to the Subdivider.

(5) Upon written certification from the appropriate Engineer that the required Public Improvements have been completed in accordance with applicable improvement standards, the balance of such escrow deposit, together with all earnings accrued thereon, shall be released to the Subdivider.

(j) Irrevocable Letter of Credit

(1) The amount of an irrevocable letter of credit determined in accordance with Section 20-811(h)(2)(iii) shall be submitted by the Subdivider to the City or County Engineer or other designated representative.

(2) By the 10th of each month, the City or County Engineer or other designated representative shall certify to an agent of the financial institution, estimates of the amount of work completed by the contractor.

(3) The financial institution may submit a new letter of credit, which would reflect the balance of work remaining to be completed as determined by the City or County Engineer to replace the previous letter of credit.

(4) Ten percent of the total project cost shall be retained until the City Engineer or County Engineer, whichever is appropriate, has accepted all of the Public Improvements in that phase of the Subdivision.

20-815 Interpretations, Rules of Construction and Definitions

(a) Interpretation and Rules of Construction

(1) Where the conditions imposed by the provisions of these regulations are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of any other applicable law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.

(2) The provisions of these regulations are not intended to abrogate any Easement, covenant, or other private agreement; provided, that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such Easement, covenant, or other private agreement, the requirements of these regulations shall govern.

(3) A Subdivision of land which was not lawful at the time of the adoption of these regulations shall not become or be made lawful solely by reason of adoption of these regulations.

(4) The provisions of these regulations are cumulative and are additional limitations upon all other laws and ordinances heretofore passed or which may be passed hereafter governing any subject matter in the provisions of these regulations.

(b) Definitions

(1) Words used in this Article have the standard dictionary definition unless they are defined in this section. Words defined in this section shall have the specific meaning assigned, unless the context expressly indicates another meaning.

(2) Words or terms that are specifically defined in the Subdivision Regulations are distinguished by being in Title Case an in Blue Text in the original code document.

Term	Definition
Abut	To physically touch or border upon; or to share a common property line.
Acceleration Lane	An added Roadway lane which permits integration and merging of slower moving vehicles into the main vehicular stream.
Access Control	Access Control is the limitation of public access rights to and from properties Abutting Streets or highways. Access Control is used on Arterial Streets and higher functional classes of Streets to preserve traffic service levels and safety.
Access Easement	An easement created for the purpose of providing vehicular or pedestrian access to a property
Adequate Assurances	A written and executed agreement or contract supplemented by one of the means of ensuring completion of public improvements set forth in Section 20-811(h) (2).
Agency	For floodplain management purposes, means the Federal Emergency Management Agency (FEMA).
Agricultural Purposes	~~The growing of crops and the raising of livestock and poultry for profit~~ ~~on a tract of land of 10 acres or more. The feeding or disposal of~~ ~~Community or collected garbage shall not be deemed an agricultural~~ ~~use.~~ A purpose that is directly related to the agricultural activity on the land which shall include: (a) the cultivation and tillage of the soil; (b) dairying; (c) the production, cultivation, growing or harvesting of any agricultural or horticultural commodity; (d) the raising or training of livestock, bees, fur-bearing animals, or poultry; or (e) any practices performed by a farmer or on a farm, incident to or in connection with such farming operations. The term "agriculture purpose" does not mean the processing for sale or handling for sale a commodity or product grown or produced by a person other than the farmer or the farmer's *employees. In all cases, an agricultural purpose does not include a structure used as a residential dwelling or an On-Site Sewage Management System.*
Alley	A minor right-of-way dedicated to public use which gives a secondary means of vehicular access to the rear or side of properties otherwise Abutting a Street and which may be used for public utility purposes.
Appeal	For floodplain management purposes, means a request for the review of the Floodplain Administrator’s interpretation of any provision of the Flood Protection Standards or a request for a variance.
Applicant	A Person submitting an application for approval.
Areas of Special Flood Hazard	Is the land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year.
Base Flood	A flood having a 1% chance of being equaled or exceeded in any given year. See “Regulatory Flood”.
Base Flood Elevation	Water surface elevation of the base flood as determined by the Flood Insurance Study or by an approved Hydrologic and Hydraulic Study, whichever is higher.
Basement	Any area of the structure having its floor sub-grade (below ground level) on all sides.
Benchmark	Surveying mark made in some object which is permanently fixed in the ground, showing the height of that point in relation to National Geodetic Vertical Datum (NGVD) and City or County Datum.
Block	A parcel of land entirely surrounded by public Streets, highways, railroad rights-of-way, public walks, parks or green strips, or drainage Channels or a combination thereof.
Bore Hole or Soil Boring	Soil test(s) conducted by drilling or auguring a hole through the native soil and logging the descriptions of the soil stratification, characteristics, moisture content, presence of Groundwater, and other relevant observations in accordance with the Unified Soil Classification System, USDA’s Soil Textural Triangle, or other professional soil description system as approved by the applicable local health department.
Boulevard	A tree-line roadway or a multi-lane street with a landscaped median.
Boundary Line Adjustment	A change in the boundary between adjoining lands that does not create an additional building site and that, when completed, will result in tracts of land or Lots that comply with the Lot design standards of Section 20- 801(a)(2) and with the Zoning District regulations that apply to the subject property.
Boundary Line Street (or Road)	A Street or road that forms a part of the boundary line of a City.
Build Out Plan	A future subdivision layout that has been planned and engineered based on the subdivision regulations of the city that is closest to the unplatted rural residential development. The build out plan shall identify eventual lots based on the typical residential lot size within the nearby city, the bundling of these “city-sized” residential lots for immediate development as rural Residential Development Parcels with the building envelope shown for this immediate development, which is outside the future Street rights-of-way and public easement locations based on the future subdivision layout.
Buildable Lot	A lot for which a building permit can be obtained. Property that is designated as a “Tract” of land is not a buildable lot.
*Building, Principal*	A building in which is conducted the Principal Use of the building site on which the building is situated. In A-1 (Suburban Home Residential) and R-1 (Single-Family Residential), or in any residential District in Lawrence, any Dwelling shall be deemed to be the Principal Building on the lot, parcel or division on which the Dwelling is located.
Building Envelope	The buildable area of a Lot defined by the minimum required setbacks of the applicable Zoning Regulations.
Catch Basin	An inlet designed to intercept and redirect surface waters.
Certificate of Survey	A legal instrument approved pursuant to Section 20-807; this is a narrowly used term and this instrument shall not be considered a “Plat” or a ‘Subdivision” as defined herein.
Channel	A watercourse with a definite bed and banks which confine and conduct the normal continuous or intermittent flow of water.
Channelization	(1) The straightening and deepening of Channels and/or the surfacing thereof to permit water to move rapidly and/or directly; (2) A traffic control device which forces vehicles into certain traffic flows or turning movements.
Circle	A Street naming suffix designating a Street with a single common Ingress and Egress (Cul-de-sac). The “Circle” suffix is used as a part of a Street name when the Cul-de-sac is a logical extension or continuation of a Street e.g., 14th Circle.
City Engineer	The person designated by the City Manager as the City Engineer. If no person has been so designated, then this term shall refer to the head of the City Public Works Department. If no person has been designated to fill either such position, then this term shall refer to the head of the department or operating unit primarily responsible for the maintenance of City Streets.
Cluster Subdivision	A form of Development for single-family detached dwelling residential Subdivisions that permits a reduction in Lot area and bulk requirements, provided that there is no increase in the number of Lots that would be permitted under a conventional Subdivision and the resultant land area is devoted to open space. The clustering design technique concentrates buildings in specific areas on the site to allow the remaining land to be set aside for recreation, meaningful Common Open Space and preservation of environmentally and geographically sensitive areas or historical features.
Comprehensive Plan	The Comprehensive Plan for the city or county, officially approved or adopted to provide long-range Development policies, and which may include, among other things, the plan for land use, land Subdivision, circulation, and Community facilities.
Community	Any State or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
Conservation Easement	See “Easement, Conservation”
*County’s Access* *Management Standards*	*Access and minimum frontage standards in the Douglas County Code, Chapter IX, Article 5.*
County Engineer	The person designated by the County Administrator or Board of County Commissioners as the County Engineer. If no person has been so designated, then this term shall refer to the head of the County Public Works Department. If no person has been designated to fill either such position, then this term shall refer to the head of the department or operating unit primarily responsible for the maintenance of County roads and infrastructure.
Court	A Street naming suffix designating a Street with a single common Ingress and Egress (Cul-de-sac). The “Court” suffix is used as a part of a Street name when the Cul-de-sac emanates from a Street at a near right angle, e.g., 14th Court.
Cross Access Easement	See “Easement, Cross Access”
Crosswalk	A strip of land dedicated for public use which is established across a Block for the purpose of providing pedestrian access to adjacent areas.
Cul-de-sac	A Street that has one outlet and is permanently terminated by a vehicle turn-around at the other end. This is a sub-category of Streets with a single outlet.
Culvert	A drain, ditch or conduit not incorporated in a closed system, which carries drainage water under a Driveway, Roadway, railroad, pedestrian walk or public way.
Curb Cut	The opening along the curb line at which point vehicles may enter or leave a Roadway.
Curb Return	The connecting link between the Street curb and the ramp (Driveway) curb.
Datum, City	A reference point from which heights or depths are calculated within the City of Lawrence. All reference marks using City Datum shall also denote NGVD elevation.
Deceleration Lane	An added Roadway lane that permits cars to slow down and leave the main vehicle stream.
Dedication	Gift or donation of property by the Owner to a governmental unit. The transfer is conveyed by a Plat or a written separate instrument. The act of dedicating is completed with a formal acceptance by the Governing Body.
Design Standards, Subdivision	All requirements and regulations relating to design and layout of Subdivisions contained in Section 20-810.
Detention Pond	A storage facility for the temporary storage of stormwater runoff. The stormwater may be released to downstream facilities at a designed rate of flow.
Developer	The legal or beneficial Owner or Owners of a Lot or of land proposed to be subdivided including the holder of an option or contract to purchase, or other Person having enforceable proprietary interests in the land.
Development	Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
Double Frontage Lot	A Lot with two opposite Lot Lines Abutting upon Streets which are substantially parallel.
Douglas County Zoning & Codes Director	The director of the Douglas County Zoning and Codes Department or such Person’s designee with primary responsibility for enforcement and administration of the Zoning and Building Code Regulations of Douglas County.
Drainage System	Pipe, Waterways natural features and man-made Improvements designed to carry drainage.
Drive	A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure. Also referred to as a driveway.
Driveway	A privately owned means of providing direct vehicle access to Streets.
Driveway Apron or Driveway Approach	A paved area between the sidewalk and the street curb used by the property owner for vehicular access.
Driveway, Joint-Use	A privately owned Driveway that provides access to 2 or more Lots in a commercial or industrial Development, such as in a shopping center (with out Lots) or a business or industrial park.
*Dwelling*	*A building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, trailer or Mobile Home.*
Easement	A grant of one or more of the property rights by the property Owner to and/or for the use by the public, a corporation or another Person or entity.
Easement, Avigational	An air rights Easement which protects air lanes around airports.
Easement, Conservation	A non-possessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic or open-space values of real property, assuring its availability for agricultural, forest, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality or preserving the historical, architectural, archaeological or cultural aspects of real property. In case of any conflict between this definition and K.S.A. 58-3810, as it may be amended from time to time, the amended statute shall control and shall be used in the construction and interpretation of this Development Code.
Easement, Cross Access	An easement between two or more adjacent parcels creating rights to utilize a service drive providing vehicular Access among those parcels so the driver need not enter the public Street system, except at a limited access point.
Easement, Drainage	An Easement required for the installation of stormwater sewers or , Waterways and/or required for the preservation or maintenance of a natural stream or water course or other drainage facility.
Easement, Private	A right-of-way granted for limited use of land for a private purpose.
*Effective Date*	*December 31, 2006, the date Joint Ordinance No. 8064 – Resolution No. 06-41 took effect.*
Egress	An exit.
“Eligible Community” or “Participating Community”	A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).
Encroachment	Any obstruction in a delineated Floodway, right-of-way, Easement, building setback or adjacent land.
Encumber	To place a legal claim or restriction upon a tract or parcel of land.
Engineer	A professional Engineer licensed by the State of Kansas or licensed to practice in the State of Kansas.
Exception	Permission to depart from or request relief from the design standards. Exceptions often refer to standards such as: length of cul-de-sac, location and type of improvements, or landscaping requirements. They are dictated by the circumstances related to the specific application that makes the design requirements for which the exception is requested unnecessary or unreasonable.
Existing Construction	Structures for which the “start of construction” commenced before the effective date of the FIRM (March 2, 1981); “existing construction” may also be referred to as “existing structures”.
Existing Mobile Home Park	A mobile home park or subdivision for which the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including, at a minimum, the installation of utilities, the construction of Streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
Final Plat	A map of a land Subdivision prepared in a form suitable for filing of record with necessary affidavits, Dedications, restrictions, and acceptances, and with complete bearings and dimensions of all lines defining Lots and Blocks, Streets, Alleys, public areas and other dimensions of land.
Fire Hydrant	An outdoor water supply outlet with wrench-actuated value and a connection for a fire hose.
Flag Lot	City meaning: A lot not fronting or abutting a public right-of-way except for a narrow strip of land providing access to the lot from the public right-of-way. County Meaning: A lot *or a* *Residential Development Parcel* that has a minimum lot or *Residential Development Parcel* width of less than 90% of the minimum lot or *Residential Development Parcel’s* required ~~width~~ *frontage* at the road right-of-way or road easement line.
"Flood" or "Flooding"	Means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; and (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined above in item (1).
Flood Insurance Rate Map (FIRM)	An official map of a community, on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
Flood Insurance Study (FIS)	An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
Floodplain	The land area inundated by a flood of a given magnitude as determined by the Flood Insurance Study or Governing Body based on an approved Hydrologic and Hydraulic Study.
Floodplain or Floodplain District	That area designated by the Governing Body as susceptible to Flooding including but not limited to the Regulatory Floodplain designated by the Federal Insurance Administrator.
Floodplain Management	The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
Floodplain Management Regulations	Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Floodproofing	Any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.
"Floodway" or "Regulatory Floodway"	The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
Floodway Encroachment Lines	The lines marking the limits of floodways on Federal, State and local floodplain maps.
Floodway Fringe	The area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.
Force Main	A sanitary sewer line through which waste water is pumped rather than carried by gravity flow.
Freeboard	A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.
Frontage Road	A “Street, Marginal Access. located in front of the properties that it abuts.
Frontage	The boundary of a Lot or Residential Development Parcel that Abuts a Street or a Road.
Full Maintenance Road	A road in the Unincorporated Area of the County that receives maintenance on a regular basis in accordance with its road classification and traffic counts.
Governing Body	The respective City Commission or City Council within the incorporated limits of the City of Lawrence, Baldwin City, Eudora, or Lecompton and the Board of County Commissioners within the Unincorporated Area of Douglas County.
Grading	The act of excavation or filling or a combination of both or any leveling to a smooth horizontal or sloping surface on a property, but not including normal cultivation associated with an agricultural operation. For grading in FEMA designated floodplains the definition in the Floodplain Management Regulations shall take precedence.
Groundwater	Any subsurface water in the zone of saturation, including but not limited to spring water, perched Water Tables, seasonal Water Tables and aquifers.
Half-Street	A Street bordering one or more property lines of a Subdivision tract to which the Subdivider has allocated only a portion of the required Street Width.
Highest Adjacent Grade	The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic Landmark	Any structure that is (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on the Register of Historic Kansas Places; or (d) individually listed the Lawrence Register of Historic Places.
Home Owners Association	A Community association, other than a condominium association, which is organized in a Development in which individual Owners share common interests in open space or facilities. The Home Owners Association usually holds title to Reserves, manages and maintains the common property, and enforces certain covenants and restrictions. Condominium associations differ from Home Owners Associations in that condominium associations do not have title to the common property.
Hydrologic and Hydraulic Study	An engineering study that is done in accordance with the Lawrence Development Code 20-1204 (c).
Improvements	All facilities constructed or erected by a Subdivider to permit and facilitate the use of Lots and Blocks for residential, institutional, business or manufacturing purpose. Improvements shall include all facilities listed in Section 20-810(j).
Infrastructure	Facilities and services needed to sustain manufacturing, residential, commercial and all other land uses or activities under the control of a governmental agency. Infrastructure includes water lines, sewer lines, and other utilities, streets and roads, communications, and public facilities, such as fire stations, parks, schools, and other similar type uses.
Ingress	An entrance.
Intersection	Where two or more Streets cross at-grade.
*Land Combination*	The combination of a vested division of land in the unincorporated area with additional acreage to increase the overall acreage of an individual residential parcel. A Land Combination does not increase the number of building permits a parcel of land has a vested right to receive.
Land Disturbance	Any activity involving the clearing, cutting, excavating, filling, or grading of land or any other activity that alters land topography or vegetative cover.
Land Surveyor	One who is licensed by the State of Kansas as a land surveyor and is qualified to make accurate field measurements and to mark, describe, and define land boundaries.
Lot	A designated parcel or area of land established by Plat or Subdivision to be used, transferred, developed or built upon as a unit.
Lot Depth	The distance between the midpoint of the front Lot Line and the mid-point of the rear Lot Line.
Lot Line, “or Residential Development Parcel Line”	The perimeter of a Lot or a Residential Development Parcel.
Lot Width, “or Residential Development Parcel Width”	The distance between the side Lot Lines of a Lot, or the side lines of a Residential Development Parcel at the required front Setback Line.
Lot, Frontage “or Residential Development Parcel Frontage”	That portion of the Lot or a Residential Development Parcel which lies between the side Lot Lines and is adjacent to the Street or Road serving the Lot or the Residential Development Parcel.
Lot of Record	A legally created Lot recorded at the Register of Deeds as part of a plat or subdivision.
Lowest Floor	The lowest floor of the lowest enclosed area, including a Basement; an unfinished or flood-resistant enclosure, usable solely for parking of vehicles, Building access, or storage, in an area other than a Basement area, is not considered a Building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of the Flood Protection Standards.
Major Thoroughfares Map(s)	A plan adopted by the Planning Commission and the Governing Body(ies) identifying and classifying the major Streets and roads in the community. The Major Thoroughfares Plan in effect on the date of adoption of this Article is incorporated in “Transportation 2020, the Lawrence/Douglas County Long Range Transportation Plan”, but it may be amended or superseded from time to time.
Market Value	An estimate of what is fair, economic, just and equitable value under normal local market conditions.
Mean Sea Level	For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.
Metes And Bounds	A method of describing the boundaries of land by directions and distances from a known point of reference.
Minimum Elevation of Building Opening	The minimum elevation above sea level at which a building located in the floodplain may have a door, window, or other opening.
Minor Subdivision	See “Subdivision, Minor”
Mobile Home	A structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "mobile home" does not include a "recreational vehicle.”
Mobile Home Subdivision or Park	A parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale.
Minimum Elevation for Building	The finished floor elevation of the lowest floor.
Neighborhood Development Plan	See “Sector Plan”
New Construction	For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM (March 2, 1981) and includes any subsequent improvements to such structures; for floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.
Off-Site Improvements	Improvements located on property outside the perimeter of the Subdivision that are determined by the Planning Commission to be necessary because of the proposed Subdivision, e.g., construction of Streets, signalization of Intersections, drainage Channels, extension of public utilities, etc.
On-site Sewage Management System	An individual Sewage disposal system involving a water tight receptacle that receives the discharge of Sewage from a building and is designed and constructed to permit settling of solids from this liquid, digestion of the organic matter (sludge), and discharge of the liquid portion into an underground lateral disposal area. The sludge is pumped out of the tanks, usually by commercial FIRMs, at regular intervals. On-Site Sewage Management Systems are used for domestic wastes when a sanitary sewer line is not available to carry the wastes to a wastewater treatment plant. Approval of a site for use of a On-site sewage management system involves establishing a minimum Lot area to provide for the system’s operation, determining that the soil has an acceptable Percolation rate and ensuring separation of the system from Groundwater.
On-Site	Located within the perimeter of the property that is subject to an application for Subdivision or a Residential Development Parcel approval.
Open Space, Common	Land within or related to a Development, not individually owned or dedicated for use, which is designed and intended for the common use or enjoyment of the residents of the Development and may include such complementary Structures and Improvements as are necessary and appropriate. Common Open Space is Platted as a reserve and is owned and maintained by a Home Owners Association.
Original Townsite Area	The original Townsite of the City of Lawrence, as shown on the “Original Townsite Map” available for public inspection from the Planning Director.
Outlet, Single	A single connection between the Street or road system in a particular Subdivision or other development and the Street system shown on the Major Thoroughfare Map; a cul-de-sac is a sub-category of Streets with single outlets, but a loop road or more complex system within a development may also have access to the Street system through a Single Outlet.
Overlay District	A special zoning district that has been “overlaid” on a base zoning classification to alter some or all the base district zoning regulations.
Owner	Any Person or Persons, Firm or Firms, corporation or corporations, or any other legal entity having legal title to land being subdivided under these regulations. Also any legal entity having legal title to land for which a building permit application is made.
Package Plant	A prefabricated or pre-built wastewater treatment plant.
Parcel	A contiguous area of land under the same ownership. This is an inclusive term that includes Lot, Residential Development Parcel and other terms. Unlike “Lot,” the term “Parcel” or “Residential Development Parcel” does not mean a division of land created through a plat or Subdivision process.
Parent Parcel	The recorded and legally defined parcel of land from which one or two further divisions can be made for the purpose of conveying a Residentially Development Parcel within the unincorporated area of the County, outside the Lawrence Urban Growth Area or other Cities’ Urban Growth Areas, to an individual.
Parkway	A Street that includes a landscaped median. A parkway may run in any direction.
Participating Community	Also known as an "eligible community," means a community in which the Administrator has authorized the sale of flood insurance.
Peak Hour Traffic	The largest number of vehicles passing over a designated section of a Street during the busiest one-hour period during a 24-hour period.
Pedestrian Right-of-Way Easement	A strip of land dedicated for public use which is Reserved across a Block for the purpose of providing pedestrian access to adjacent areas.
Pedestrian Way	A public walk dedicated entirely through a block, from street to street, or providing access to a school, park, recreation area, or shopping center.
Percolation Test	A test designed to determine the ability of ground to absorb water and used in determining the suitability of a soil for drainage or for the use of a septic system.
Percolation	Downward flow or infiltration of water through the pores or spaces of rock or soil.
Person	Any individual or group of individuals, corporation, partnership, association, or any other entity, including Federal, State, and local governments and agencies.
Petition, Public Improvement	A legal instrument which serves as the basis for initiation of a public improvement project by the Governing Body. A Public Improvement Petition is frequently used during the Platting process to guarantee the construction of certain Improvements that are required as conditions of Plat approval, such as Street paving, sidewalks, water and sewer lines, and stormwater and drainage Improvements.
Planning Area	The area considered in the development of a comprehensive plan for cities in Douglas County.
Planning Commission	The Lawrence/Douglas County Metropolitan Planning Commission.
Planning Director	The Lawrence/Douglas County Metropolitan Planning Director.
Plat	A Subdivision as it is represented as a formal document by drawing and writing and which is presented to the Planning Commission for review and approval in accordance with these Subdivision Regulations and to the Governing Body for the acceptance of Easements and Dedications.
Platting Binder	A report issued by a title insurance company setting forth the conditions to be met for certain property to be Platted, e.g., Easements filed for record, mortgages, fee title Owners, etc.
Potable Water	Water suitable for drinking or cooking purposes.
Preliminary Plat	A map of proposed land Subdivision showing the character and proposed layout of the tract in sufficient detail to indicate its’ suitability for the proposed Subdivision.
*Principal Building*	*See ‘Building, Principal’.*
*Principal Use*	The primary purpose, for which land or a Structure is utilized, based in part on the amount of Floor Area devoted to each identifiable use. The main use of the land or Structures as distinguished from a secondary or Accessory Use.
Principally Above Ground	At least 51% of the actual cash value of the structure, less land value, is above ground.
Private Drive	A use Platted for a Reserve in order to provide access to Lots from either a public or Private Street system. A Reserve for Private Drive purposes is the means to access Lots within a comprehensive group Development for townhouses or apartment units or for commercial complexes and office park Developments A new Private Drive may be established under this Article only in a Planned Development.
Public Improvements	All public facilities constructed or erected by a Subdivider within a Subdivision to permit and facilitate the use of Lots or Blocks for a principal residential, business or manufacturing purposes.
Public Utility Facilities	Telephone, electric and cable television lines, poles, equipment and Structures; water lines, holding towers or gas pipes, mains, valves or Structures; sewer pipes, valves or Structures; Pumping Stations; telephone exchanges and repeater stations; and all other facilities, equipment and Structures necessary for conducting a service by a government or a public utility.
Public Water Supply	A system for delivery to the public of piped water for human consumption that has at least 10 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. This term includes any source, treatment, storage, or distribution facilities used in connection with the system.
Publicly Treated Water	Water supplied for domestic purposes by a municipality or by a Rural Water District and approved by the Kansas State Department of Health.
Pumping Station	A pumping facility that transports waste water between two gravity flow sewer lines. A Pumping Station is used when topographic conditions do not allow a continuous gravity flow system.
Raw Sewage	Untreated domestic or commercial wastewater.
Recreational Vehicle	A vehicle which is (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projections; (c) designed to be self-propelled or permanently able to be towed by a light-duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick- disconnect type utilities and security devices, and has no permanently attached additions.
Regulatory Flood	The Flood determined by the Federal Insurance Administration as having a 1% chance of being equaled or exceeded in any given year.
Regulatory Flood Elevation	The elevation at which the Regulatory Flood is determined to occur.
Regulatory Floodplain	Land included within the Regulatory Floodway and Floodway Fringe areas as determined by the Federal Insurance Administration.
Replat	Same as “Resubdivision”.
Reserve	An area of property within a Subdivision which is Platted for specific uses, e.g., open space, landscaping, entry monuments, recreational facilities, utilities and drainage, Floodway, Private Street, etc. Typically, future Ownership and maintenance responsibilities for a Reserve is set forth by a Restrictive Covenant which provides that a Home Owners or Lot Owners association will hold title to the Reserve and therefore be responsible for the Reserve’s maintenance. The Restrictive Covenant may provide for Ownership and maintenance to be tied to the Ownership of an adjacent Lot. Ownership and maintenance is not assigned to an individual, partnership or corporation except in the case of a Reserve Platted for possible future sales to a public body for a public facility].
*Residential* *Development Parcel*	A *parcel created by the division of a Parent Parcel for the purpose of construction of one single-family residential dwelling unit and permitted accessory uses, buildings and structures.*
Restrictive Covenant	A restriction on the use of land traditionally set forth in a deed. Restrictions are also placed of record by separate instruments including Home Owners association agreements. The Restrictive Covenant usually runs with the land.
Resubdivision	The further Subdivision of a tract of land which has previously been lawfully subdivided and for which a Plat of such prior Subdivision has been duly recorded.
Road or Roads	Same as “Street” or “Streets”.
Road, Stub	A short section of public Road or Road Easement dedicated to provide future access to an adjacent unplatted tract of property.
Roadway	The paved or improved area of a Street right-of-way, exclusive of sidewalks, Driveways, or related uses.
Rural Area	All of the Unincorporated Area of Douglas County lying outside of an Urban Growth Area.
Sanitary Sewers	Pipes that carry only domestic, industrial or commercial Sewage and into which storm, surface and ground waters are not intentionally admitted.
Sector Plans	Plans that encompass one or more sections of land with the purpose being to use geographic and demographic information to develop a detailed land use vision of future development or redevelopment of a study area.
Setback Line (Front) or Building Line	A line nearest the front of and across a Lot or parcel of land establishing the minimum open space to be provided between the front line of a building or Structure and the line of the fronting Street right-of-way.
Setback Line	That line that is the required minimum distance from the Street right- of-way line or any other Lot Line that establishes the area within which the principal Structure must be erected or placed.
Sewage Lagoon	A shallow, artificial pond where sunlight, bacterial action and oxygen interact to restore waste water to a reasonable state of purity.
Sewage	The total of organic waste and waste water generated by residential, industrial and commercial establishments.
Sewerage	(1) All effluent carried by sewers whether it is sanitary Sewage, industrial waste or storm water runoff; (2) The entire system of Sewage collection, treatment and disposal.
Slope	Degree of deviation of a surface from the horizontal; measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run), and the second is the vertical distance (rise), as two to one. A two to one slope is a 50% slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a 90° slope being vertical (maximum) and 45° being a 1:1 or 100% slope.
Staff	The technical and professional Staff of the Lawrence/Douglas County Metropolitan Area Planning Director.
Start of Construction	Includes substantial-improvements, and means the date the Building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements were within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a mobile home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of Streets and/or walkways, excavation for a Basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial-improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a Building, whether or not that alteration affects the external dimensions of the Building.
State Coordinating Agency	The Division of Water Resources, Kansas Department of Agriculture, or other office designated by the governor of the State or by State Statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that State.
Stormwater Detention	Any storm drainage technique that retards or detains runoff, such as a detention or retention basin.
Street or Streets	Any vehicular way(s) which: (1) is an existing state, county or municipal Roadway; or (2) is shown upon a Plat approved pursuant to law; or (3) is approved by other official action. The Street right-of-way is all land located between the Street lines, whether improved or unimproved.
Street Width	The amount of Street right-of-way Abutting a Lot’s property lines.
Street, Arterial	Arterial Streets are the highest level of Street classification, generally providing for longer distance trips with relatively high traffic volumes and high speeds for the context. Principal arterials permit traffic flow through the urban area and between major destinations. Minor arterials collect and distribute traffic from principal arterials and expressway to Streets of lower classification, and, in some cases, allow traffic to directly access destinations.
Street, Collector	A collector Street provides for land access and traffic circulation within and between residential neighborhoods and commercial and industrial areas. They distribute traffic movements from these areas to the arterial Streets. Collectors do not typically accommodate long through trips and are not continuous for long distances.
Street, Cul-de-sac	A Street having only one outlet and being permanently terminated by a vehicle Turnaround at the other end.
Street, Dead-End	A Street having only one outlet and which does not benefit from a Turnaround at its end.
Street, Expressway	Any divided Street or highway with no access from Abutting property and which has either separated or at-grade access from other public Streets and highways.
Street, Freeway	Any divided Street or highway with complete Access Control and grade separated interchanges with all other public Streets and highways.
Street, Limited Local	A Local Street providing access to not more than eight Abutting single- family residential Lots.
Street, Local	Local Streets provide direct access to adjacent land uses. Direct access from a local Street to an arterial Street should be discouraged.
Street, Marginal Access	A Street that is generally parallel and adjacent to an Arterial Street or other limited-access Street and that is designated to provide direct access to adjacent property. Marginal Access Streets are commonly known as “Frontage Roads”.
Street, Private	A Street that is not dedicated for public use. Not permitted in the unincorporated area of the County and only permitted within Planned Developments in the City of Lawrence.
Street, Residential	Same as “Local Street”.
Street, Residential Collector (or Residential Connector)	Residential collector is a special category of collector street characterized by lower speeds & the residential nature of land uses along the corridor. Bicycle & pedestrian facilities are strongly recommended for residential collectors. Various traffic-calming treatments may be used to reduce travel speeds. Residential collector streets with adjacent residential land uses should be limited to two lanes. These streets can serve as a connector street between local streets and the thoroughfare system.
Structure	For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a mobile home. "Structure" for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a mobile home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.
Street, Stub	A short section of Street right-of-way Platted to provide future access to an adjacent unplatted tract of property.
Subdivider	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 and platting land.
Subdivision (Plat)	The division of a Lot, tract or parcel of land into two or more parts for the purpose, whether immediate or future, of sale or building Development, including Resubdivision, but not including a “Certificate of Survey” Administrative Procedure as is separately defined.
Subdivision, Major	A Subdivision that includes 5 or more lots. [See section 20-809].
Subdivision, Minor	A Subdivision that satisfies one of the criteria set forth in section 20-808.
Subdivision Regulations	For the City of Lawrence, Article 8 in Chapter 20 of the City Code, as adopted and amended from time to time by Ordinance adopted by the City Commission. For Douglas County, Chapter 11 in the County Code, as adopted and amended from time to time by Resolution adopted by the Board of County Commissioners.
Substantial- Damage	Damage of any origin sustained by a structure whereby the cost of restoring the structure to pre-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Substantial- Improvement	Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before "start of construction" of the improvement. This term includes structures, which have incurred "substantial-damage”, regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure.”
Surveyor	A professional Land Surveyor licensed by the State of Kansas.
Swale	A shallow ditch lined with grass or other vegetation for the purpose of carrying stormwater from one location to another and filtering sediments and other pollutants from stormwater runoff.
Terracing	An erosion control method that uses small hills and contours on the land surface to control Flooding and runoff.
Topography	The configuration of a surface area showing National Geodetic Vertical Datum (NGVD).
Tract	A non-buildable, platted parcel reserved for open space, storm drainage or easement purposes or an otherwise specific and restricted use.
Traffic Calming Device	Physical traffic control or intervention measures designed to reduce the negative effects of motor vehicle use, alter driver behavior and improve conditions for non-motorized Street users.
Turnaround	An area at the closed end of a Street with a single common Ingress and Egress within which vehicles may reverse their direction.
Unnecessary Hardship	The condition resulting from application of these regulations when viewing the property in its environment that is so unreasonable as to become an arbitrary and capricious interference with the basic right of private property ownership, or convincing proof exists that it is impossible to use the property for a conforming use, or sufficient factors exist to constitute a hardship that would in effect deprive the owner of their property without compensation. Mere financial loss or the loss of a potential financial advantage does not constitute unnecessary hardship.
Unincorporated Area	That portion of Douglas County lying outside any incorporated municipality.
Urban	An area generally characterized by medium and higher density residential development (i.e., 3 or more dwelling units per acre), commercial development, and industrial development, as well as the availability of public services required for that development, specifically a municipal water and sewer, an extensive network of streets, public transit and other such services (such as municipal fire protection or senior services). Development not providing such services may be considered non-urban or rural.
Urban Density	A residential density that resembles the built and developed density of the city for which an Urban Growth Area was projected and adopted. [See definition of “Urban”.]
Urban Growth Area – Lawrence	That area designated as the Lawrence Urban Growth Area (UGA) on the most recent (adopted) version of the Comprehensive Plan. The Comprehensive Plan, Horizon 2020, distinguishes four service areas within the UGA based on the city’s adopted Wastewater Master Plan and projected ability to provide sanitary sewer service to those areas. Solely for the purpose of interpretation of the exemption section of these regulations, a property shall be considered to be located within the Urban Growth Area of Lawrence (UGA) if 100% of the tract or Ownership parcel as shown on the 1998 Property Ownership Map, Douglas County (which was prepared by York Publications in 1998) is within the UGA boundary shown on Figure 9 in HORIZON 2020. An Ownership tract or parcel having less than 100% of its land area within the UGA as shown on Figure 9 shall not be construed to be within the Urban Growth Area of Lawrence.
Urban Growth Area – [other cities in the County]	The area defined by a city’s master plan as land that will be annexed into the city within the land use planning period to accommodate the future growth and development of neighborhoods, businesses and industries by the extension of city infrastructure and services.
Variance	Permission to depart from the Design Standards of the regulations when the application of a specific standard is so unreasonable that it would prevent the logical subdivision of the property.
Waiver	Permission to depart from the requirements of an ordinance or Resolution with respect to the submission of required documents. Note: The terms “”waiver” and “exception” are often used interchangeably, however there are differences. Refer to ‘Exception’ for its meaning.
Water Surface Elevation	The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain.
Water Table	The upper surface of Groundwater, or that level below which the soil is seasonally saturated with water.
Waterway	Any natural or artificial stream, river, creek, ditch, Channel, canal, conduit, Culvert, drain, Waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite Channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or Flood water.
Wetlands	Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
Woodlands	Natural hardwood forests, whether or not actively forested.
Zone A	Special flood hazard areas inundated by 100-year flood where no base flood elevations have been determined.
Zone AE	Special flood hazard areas inundated by 100-year flood where base flood elevations have been determined.
Zone AH	Special flood hazard areas inundated by 100-year flood with flood depths of 1 to 3 feet (usually areas of ponding), where base flood elevations have been determined.
Zone AO	Special flood hazard areas inundated by 100-year flood with flood depths of 1 to 3 feet (usually sheet flow on sloping terrain), where average depths have been determined. For areas of alluvial fan flooding velocities have also been determined.
Zoning Regulations	The rest of Chapter 20 of the City Code or the current Zoning Regulations in effect in Douglas County, as adopted from time to time by resolution of the Board of County Commissioners.

Term

Definition

Abut

To physically touch or border upon; or to share a common property

line.

Acceleration Lane

An added Roadway lane which permits integration and merging of

slower moving vehicles into the main vehicular stream.

Access Control

Access Control is the limitation of public access rights to and from

properties Abutting Streets or highways. Access Control is used on

Arterial Streets and higher functional classes of Streets to preserve

traffic service levels and safety.

Access Easement

An easement created for the purpose of providing vehicular or

pedestrian access to a property

Adequate Assurances

A written and executed agreement or contract supplemented by one of

the means of ensuring completion of public improvements set forth in

Section 20-811(h) (2).

Agency

For floodplain management purposes, means the Federal Emergency

Management Agency (FEMA).

Agricultural Purposes

~~The growing of crops and the raising of livestock and poultry for profit~~

~~on a tract of land of 10 acres or more. The feeding or disposal of~~

~~Community or collected garbage shall not be deemed an agricultural~~

~~use.~~

A purpose that is directly related to the agricultural activity on the land which shall include: (a) the cultivation and tillage of the soil; (b) dairying; (c) the production, cultivation, growing or harvesting of any agricultural or horticultural commodity; (d) the raising or training of livestock, bees, fur-bearing animals, or poultry; or (e) any practices performed by a farmer or on a farm, incident to or in connection with such farming operations. The term "agriculture purpose" does not mean the processing for sale or handling for sale a commodity or product grown or produced by a person other than the farmer or the farmer's

employees. In all cases, an agricultural purpose does not include a structure used as a residential dwelling or an On-Site Sewage Management System.

Alley

A minor right-of-way dedicated to public use which gives a secondary

means of vehicular access to the rear or side of properties otherwise

Abutting a Street and which may be used for public utility purposes.

Appeal

For floodplain management purposes, means a request for the review of

the Floodplain Administrator’s interpretation of any provision of the

Flood Protection Standards or a request for a variance.

Applicant

A Person submitting an application for approval.

Areas of Special Flood

Hazard

Is the land in the floodplain within a community subject to a 1% or

greater chance of flooding in any given year.

Base Flood

A flood having a 1% chance of being equaled or exceeded in any given

year. See “Regulatory Flood”.

Base Flood Elevation

Water surface elevation of the base flood as determined by the Flood

Insurance Study or by an approved Hydrologic and Hydraulic Study,

whichever is higher.

Basement

Any area of the structure having its floor sub-grade (below ground level)

on all sides.

Benchmark

Surveying mark made in some object which is permanently fixed in the

ground, showing the height of that point in relation to National Geodetic

Vertical Datum (NGVD) and City or County Datum.

Block

A parcel of land entirely surrounded by public Streets, highways, railroad

rights-of-way, public walks, parks or green strips, or drainage Channels

or a combination thereof.

Bore Hole or Soil Boring

Soil test(s) conducted by drilling or auguring a hole through the native

soil and logging the descriptions of the soil stratification, characteristics,

moisture content, presence of Groundwater, and other relevant

observations in accordance with the Unified Soil Classification System,

USDA’s Soil Textural Triangle, or other professional soil description

system as approved by the applicable local health department.

Boulevard

A tree-line roadway or a multi-lane street with a landscaped median.

Boundary Line

Adjustment

A change in the boundary between adjoining lands that does not create

an additional building site and that, when completed, will result in tracts

of land or Lots that comply with the Lot design standards of Section 20-

801(a)(2) and with the Zoning District regulations that apply to the

subject property.

Boundary Line Street (or

Road)

A Street or road that forms a part of the boundary line of a City.

Build Out Plan

A future subdivision layout that has been planned and engineered based

on the subdivision regulations of the city that is closest to the unplatted

rural residential development. The build out plan shall identify eventual

lots based on the typical residential lot size within the nearby city, the

bundling of these “city-sized” residential lots for immediate

development as rural Residential Development Parcels with the building

envelope shown for this immediate development, which is outside the

future Street rights-of-way and public easement locations based on the

future subdivision layout.

Buildable Lot

A lot for which a building permit can be obtained. Property that is

designated as a “Tract” of land is not a buildable lot.

Building, Principal

A building in which is conducted the Principal Use of the building site on which the building is situated. In A-1 (Suburban Home Residential) and R-1 (Single-Family Residential), or in any residential District in Lawrence, any Dwelling shall be deemed to be the Principal Building on the lot, parcel or division on which the Dwelling is located.

Building Envelope

The buildable area of a Lot defined by the minimum required setbacks of

the applicable Zoning Regulations.

Catch Basin

An inlet designed to intercept and redirect surface waters.

Certificate of Survey

A legal instrument approved pursuant to Section 20-807; this is a

narrowly used term and this instrument shall not be considered a “Plat”

or a ‘Subdivision” as defined herein.

Channel

A watercourse with a definite bed and banks which confine and conduct

the normal continuous or intermittent flow of water.

Channelization

(1) The straightening and deepening of Channels and/or the surfacing

thereof to permit water to move rapidly and/or directly; (2) A traffic

control device which forces vehicles into certain traffic flows or turning

movements.

Circle

A Street naming suffix designating a Street with a single common

Ingress and Egress (Cul-de-sac). The “Circle” suffix is used as a part of

a Street name when the Cul-de-sac is a logical extension or continuation

of a Street e.g., 14th Circle.

City Engineer

The person designated by the City Manager as the City Engineer. If no

person has been so designated, then this term shall refer to the head of

the City Public Works Department. If no person has been designated to

fill either such position, then this term shall refer to the head of the

department or operating unit primarily responsible for the maintenance

of City Streets.

Cluster Subdivision

A form of Development for single-family detached dwelling residential

Subdivisions that permits a reduction in Lot area and bulk requirements,

provided that there is no increase in the number of Lots that would be

permitted under a conventional Subdivision and the resultant land area

is devoted to open space. The clustering design technique concentrates

buildings in specific areas on the site to allow the remaining land to be

set aside for recreation, meaningful Common Open Space and

preservation of environmentally and geographically sensitive areas or

historical features.

Comprehensive Plan

The Comprehensive Plan for the city or county, officially approved or

adopted to provide long-range Development policies, and which may

include, among other things, the plan for land use, land Subdivision,

circulation, and Community facilities.

Community

Any State or area or political subdivision thereof, which has authority to

adopt and enforce floodplain management regulations for the areas

within its jurisdiction.

Conservation Easement

See “Easement, Conservation”

County’s Access

Management Standards

Access and minimum frontage standards in the Douglas County Code, Chapter IX, Article 5.

County Engineer

The person designated by the County Administrator or Board of County

Commissioners as the County Engineer. If no person has been so

designated, then this term shall refer to the head of the County Public

Works Department. If no person has been designated to fill either such

position, then this term shall refer to the head of the department or

operating unit primarily responsible for the maintenance of County

roads and infrastructure.

Court

A Street naming suffix designating a Street with a single common

Ingress and Egress (Cul-de-sac). The “Court” suffix is used as a part of a

Street name when the Cul-de-sac emanates from a Street at a near right

angle, e.g., 14th Court.

Cross Access Easement

See “Easement, Cross Access”

Crosswalk

A strip of land dedicated for public use which is established across a

Block for the purpose of providing pedestrian access to adjacent areas.

Cul-de-sac

A Street that has one outlet and is permanently terminated by a vehicle

turn-around at the other end. This is a sub-category of Streets with a

single outlet.

Culvert

A drain, ditch or conduit not incorporated in a closed system, which

carries drainage water under a Driveway, Roadway, railroad, pedestrian

walk or public way.

Curb Cut

The opening along the curb line at which point vehicles may enter or

leave a Roadway.

Curb Return

The connecting link between the Street curb and the ramp (Driveway)

curb.

Datum, City

A reference point from which heights or depths are calculated within the

City of Lawrence. All reference marks using City Datum shall also denote

NGVD elevation.

Deceleration Lane

An added Roadway lane that permits cars to slow down and leave the

main vehicle stream.

Dedication

Gift or donation of property by the Owner to a governmental unit. The

transfer is conveyed by a Plat or a written separate instrument. The act

of dedicating is completed with a formal acceptance by the Governing

Body.

Design Standards,

Subdivision

All requirements and regulations relating to design and layout of

Subdivisions contained in Section 20-810.

Detention Pond

A storage facility for the temporary storage of stormwater runoff. The

stormwater may be released to downstream facilities at a designed rate

of flow.

Developer

The legal or beneficial Owner or Owners of a Lot or of land proposed to

be subdivided including the holder of an option or contract to purchase,

or other Person having enforceable proprietary interests in the land.

Development

Any man-made change to improved or unimproved real estate, including

but not limited to buildings or other structures, levees, levee systems,

mining, dredging, filling, grading, paving, excavation or drilling

operations, or storage of equipment or materials.

Double Frontage Lot

A Lot with two opposite Lot Lines Abutting upon Streets which are

substantially parallel.

Douglas County Zoning & Codes Director

The director of the Douglas County Zoning and Codes Department or

such Person’s designee with primary responsibility for enforcement and

administration of the Zoning and Building Code Regulations of Douglas

County.

Drainage System

Pipe, Waterways natural features and man-made Improvements

designed to carry drainage.

Drive

A private roadway providing access for vehicles to a parking space,

garage, dwelling or other structure. Also referred to as a driveway.

Driveway

A privately owned means of providing direct vehicle access to Streets.

Driveway Apron or

Driveway Approach

A paved area between the sidewalk and the street curb used by the

property owner for vehicular access.

Driveway, Joint-Use

A privately owned Driveway that provides access to 2 or more Lots in a

commercial or industrial Development, such as in a shopping center

(with out Lots) or a business or industrial park.

Dwelling

A building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, trailer or Mobile Home.

Easement

A grant of one or more of the property rights by the property Owner to

and/or for the use by the public, a corporation or another Person or

entity.

Easement, Avigational

An air rights Easement which protects air lanes around airports.

Easement, Conservation

A non-possessory interest of a holder in real property imposing

limitations or affirmative obligations, the purposes of which include

retaining or protecting natural, scenic or open-space values of real

property, assuring its availability for agricultural, forest, recreational or

open-space use, protecting natural resources, maintaining or enhancing

air or water quality or preserving the historical, architectural,

archaeological or cultural aspects of real property. In case of any

conflict between this definition and K.S.A. 58-3810, as it may be

amended from time to time, the amended statute shall control and shall

be used in the construction and interpretation of this Development

Code.

Easement, Cross Access

An easement between two or more adjacent parcels creating rights to

utilize a service drive providing vehicular Access among those parcels so

the driver need not enter the public Street system, except at a limited

access point.

Easement, Drainage

An Easement required for the installation of stormwater sewers or ,

Waterways and/or required for the preservation or maintenance of a

natural stream or water course or other drainage facility.

Easement, Private

A right-of-way granted for limited use of land for a private purpose.

Effective Date

December 31, 2006, the date Joint Ordinance No. 8064 – Resolution No. 06-41 took effect.

Egress

An exit.

“Eligible Community” or

“Participating

Community”

A community for which the Administrator has authorized the sale of

flood insurance under the National Flood Insurance Program (NFIP).

Encroachment

Any obstruction in a delineated Floodway, right-of-way, Easement,

building setback or adjacent land.

Encumber

To place a legal claim or restriction upon a tract or parcel of land.

Engineer

A professional Engineer licensed by the State of Kansas or licensed to

practice in the State of Kansas.

Exception

Permission to depart from or request relief from the design standards.

Exceptions often refer to standards such as: length of cul-de-sac,

location and type of improvements, or landscaping requirements. They

are dictated by the circumstances related to the specific application that

makes the design requirements for which the exception is requested

unnecessary or unreasonable.

Existing Construction

Structures for which the “start of construction” commenced before the

effective date of the FIRM (March 2, 1981); “existing construction” may

also be referred to as “existing structures”.

Existing Mobile Home

Park

A mobile home park or subdivision for which the construction of facilities

for servicing the lots on which the mobile homes are to be affixed

(including, at a minimum, the installation of utilities, the construction of

Streets, and either final site grading or the pouring of concrete pads) is

completed before the effective date of the floodplain management

regulations adopted by a community.

Final Plat

A map of a land Subdivision prepared in a form suitable for filing of

record with necessary affidavits, Dedications, restrictions, and

acceptances, and with complete bearings and dimensions of all lines

defining Lots and Blocks, Streets, Alleys, public areas and other

dimensions of land.

Fire Hydrant

An outdoor water supply outlet with wrench-actuated value and a

connection for a fire hose.

Flag Lot

City meaning: A lot not fronting or abutting a public right-of-way except

for a narrow strip of land providing access to the lot from the public

right-of-way.

County Meaning: A lot or a Residential Development Parcel that has a minimum lot or Residential Development Parcel width of less than 90% of the minimum lot or Residential Development Parcel’s required ~~width~~ frontage at the road right-of-way or road easement line.

"Flood" or "Flooding"

Means a general and temporary condition of partial or complete

inundation of normally dry land areas from: (1) the overflow of inland

waters; (2) the unusual and rapid accumulation or runoff of surface

waters from any source; and (3) the collapse or subsidence of land

along the shore of a lake or other body of water as a result of erosion

or undermining caused by waves or currents of water exceeding

anticipated cyclical levels or suddenly caused by an unusually high water

level in a natural body of water, accompanied by a severe storm, or by

an unanticipated force of nature, such as flash flood, or by some

similarly unusual and unforeseeable event which results in flooding as

defined above in item (1).

Flood Insurance Rate

Map (FIRM)

An official map of a community, on which the Administrator has

delineated both the special flood hazard areas and the risk premium

zones applicable to the community.

Flood Insurance Study

(FIS)

An examination, evaluation and determination of flood hazards and, if

appropriate, corresponding water surface elevations.

Floodplain

The land area inundated by a flood of a given magnitude as

determined by the Flood Insurance Study or Governing Body based on

an approved Hydrologic and Hydraulic Study.

Floodplain or Floodplain

District

That area designated by the Governing Body as susceptible to Flooding

including but not limited to the Regulatory Floodplain designated by the

Federal Insurance Administrator.

Floodplain Management

The operation of an overall program of corrective and preventive

measures for reducing flood damage, including but not limited to

emergency preparedness plans, flood control works, and floodplain

management regulations.

Floodplain Management

Regulations

Zoning ordinances, subdivision regulations, building codes, health

regulations, special purpose ordinances (such as floodplain and grading

ordinances) and other applications of police power. The term describes

such State or local regulations, in any combination thereof, which

provide standards for the purpose of flood damage prevention and

reduction.

Floodproofing

Any combination of structural and nonstructural additions, changes, or

adjustments to structures that reduce or eliminate flood damage to real

estate or improved real property, water and sanitary facilities, or

structures and their contents.

"Floodway" or

"Regulatory Floodway"

The channel of a river or other watercourse and the adjacent land areas

that must be reserved in order to discharge the base flood without

cumulatively increasing the water surface elevation more than one foot.

Floodway Encroachment

Lines

The lines marking the limits of floodways on Federal, State and local

floodplain maps.

Floodway Fringe

The area outside the floodway encroachment lines, but still subject to

inundation by the regulatory flood.

Force Main

A sanitary sewer line through which waste water is pumped rather than

carried by gravity flow.

Freeboard

A factor of safety usually expressed in feet above a flood level for

purposes of floodplain management. "Freeboard" tends to compensate

for the many unknown factors that could contribute to flood heights

greater than the height calculated for a selected size flood and floodway

conditions, such as bridge openings and the hydrological effect of

urbanization of the watershed.

Frontage Road

A “Street, Marginal Access. located in front of the properties that it

abuts.

Frontage

The boundary of a Lot or Residential Development Parcel that Abuts a

Street or a Road.

Full Maintenance Road

A road in the Unincorporated Area of the County that receives

maintenance on a regular basis in accordance with its road

classification and traffic counts.

Governing Body

The respective City Commission or City Council within the incorporated

limits of the City of Lawrence, Baldwin City, Eudora, or Lecompton and

the Board of County Commissioners within the Unincorporated Area of

Douglas County.

Grading

The act of excavation or filling or a combination of both or any leveling

to a smooth horizontal or sloping surface on a property, but not

including normal cultivation associated with an agricultural operation.

For grading in FEMA designated floodplains the definition in the

Floodplain Management Regulations shall take precedence.

Groundwater

Any subsurface water in the zone of saturation, including but not limited

to spring water, perched Water Tables, seasonal Water Tables and

aquifers.

Half-Street

A Street bordering one or more property lines of a Subdivision tract to

which the Subdivider has allocated only a portion of the required Street

Width.

Highest Adjacent Grade

The highest natural elevation of the ground surface prior to

construction next to the proposed walls of a structure.

Historic Landmark

Any structure that is (a) listed individually in the National Register of

Historic Places (a listing maintained by the Department of Interior) or

preliminarily determined by the Secretary of the Interior as meeting the

requirements for individual listing on the National Register; (b) certified

or preliminarily determined by the Secretary of the Interior as

contributing to the historical significance of a registered historic district

or a district preliminarily determined by the Secretary to qualify as a

registered historic district; (c) individually listed on the Register of

Historic Kansas Places; or (d) individually listed the Lawrence Register of

Historic Places.

Home Owners

Association

A Community association, other than a condominium association, which

is organized in a Development in which individual Owners share common

interests in open space or facilities. The Home Owners Association

usually holds title to Reserves, manages and maintains the common

property, and enforces certain covenants and restrictions. Condominium

associations differ from Home Owners Associations in that

condominium associations do not have title to the common property.

Hydrologic and

Hydraulic Study

An engineering study that is done in accordance with the Lawrence

Development Code 20-1204 (c).

Improvements

All facilities constructed or erected by a Subdivider to permit and

facilitate the use of Lots and Blocks for residential, institutional, business

or manufacturing purpose. Improvements shall include all facilities

listed in Section 20-810(j).

Infrastructure

Facilities and services needed to sustain manufacturing, residential,

commercial and all other land uses or activities under the control of a

governmental agency. Infrastructure includes water lines, sewer lines,

and other utilities, streets and roads, communications, and public

facilities, such as fire stations, parks, schools, and other similar type

uses.

Ingress

An entrance.

Intersection

Where two or more Streets cross at-grade.

Land Combination

The combination of a vested division of land in the unincorporated area with additional acreage to increase the overall acreage of an individual residential parcel. A Land Combination does not increase the number of building permits a parcel of land has a vested right to receive.

Land Disturbance

Any activity involving the clearing, cutting, excavating, filling, or grading

of land or any other activity that alters land topography or vegetative

cover.

Land Surveyor

One who is licensed by the State of Kansas as a land surveyor and is

qualified to make accurate field measurements and to mark, describe,

and define land boundaries.

Lot

A designated parcel or area of land established by Plat or Subdivision to

be used, transferred, developed or built upon as a unit.

Lot Depth

The distance between the midpoint of the front Lot Line and the

mid-point of the rear Lot Line.

Lot Line, “or Residential

Development Parcel

Line”

The perimeter of a Lot or a Residential Development Parcel.

Lot Width, “or

Residential

Development Parcel

Width”

The distance between the side Lot Lines of a Lot, or the side lines of a

Residential Development Parcel at the required front Setback Line.

Lot, Frontage “or

Residential

Development

Parcel Frontage”

That portion of the Lot or a Residential Development Parcel which lies

between the side Lot Lines and is adjacent to the Street or Road

serving the Lot or the Residential Development Parcel.

Lot of Record

A legally created Lot recorded at the Register of Deeds as part of a plat

or subdivision.

Lowest Floor

The lowest floor of the lowest enclosed area, including a Basement; an

unfinished or flood-resistant enclosure, usable solely for parking of

vehicles, Building access, or storage, in an area other than a Basement

area, is not considered a Building's lowest floor, provided that such

enclosure is not built so as to render the structure in violation of the

applicable floodproofing design requirements of the Flood Protection

Standards.

Major Thoroughfares

Map(s)

A plan adopted by the Planning Commission and the Governing

Body(ies) identifying and classifying the major Streets and roads in the

community. The Major Thoroughfares Plan in effect on the date of

adoption of this Article is incorporated in “Transportation 2020, the

Lawrence/Douglas County Long Range Transportation Plan”, but it may

be amended or superseded from time to time.

Market Value

An estimate of what is fair, economic, just and equitable value under

normal local market conditions.

Mean Sea Level

For purposes of the National Flood Insurance Program (NFIP), the

National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to

which base flood elevations shown on a community's Flood Insurance

Rate Map (FIRM) are referenced.

Metes And Bounds

A method of describing the boundaries of land by directions and

distances from a known point of reference.

Minimum Elevation of

Building Opening

The minimum elevation above sea level at which a building located in

the floodplain may have a door, window, or other opening.

Minor Subdivision

See “Subdivision, Minor”

Mobile Home

A structure, transportable in one or more sections, that is built on a

permanent chassis and is designed for use with or without a permanent

foundation when attached to the required utilities. The term "mobile

home" does not include a "recreational vehicle.”

Mobile Home

Subdivision or Park

A parcel (or contiguous parcels) of land divided into two or more mobile

home lots for rent or sale.

Minimum Elevation for

Building

The finished floor elevation of the lowest floor.

Neighborhood

Development Plan

See “Sector Plan”

New Construction

For the purposes of determining insurance rates, structures for which

the "start of construction" commenced on or after the effective

date of an initial FIRM (March 2, 1981) and includes any subsequent

improvements to such structures; for floodplain management purposes,

"new construction" means structures for which the "start of

construction" commenced on or after the effective date of the

floodplain management regulations adopted by a community and

includes any subsequent improvements to such structures.

Off-Site Improvements

Improvements located on property outside the perimeter of the

Subdivision that are determined by the Planning Commission to be

necessary because of the proposed Subdivision, e.g., construction of

Streets, signalization of Intersections, drainage Channels, extension of

public utilities, etc.

On-site Sewage

Management System

An individual Sewage disposal system involving a water tight receptacle

that receives the discharge of Sewage from a building and is designed

and constructed to permit settling of solids from this liquid, digestion of

the organic matter (sludge), and discharge of the liquid portion into an

underground lateral disposal area. The sludge is pumped out of the

tanks, usually by commercial FIRMs, at regular intervals. On-Site

Sewage Management Systems are used for domestic wastes when a

sanitary sewer line is not available to carry the wastes to a wastewater

treatment plant. Approval of a site for use of a On-site sewage

management system involves establishing a minimum Lot area to

provide for the system’s operation, determining that the soil has an

acceptable Percolation rate and ensuring separation of the system from

Groundwater.

On-Site

Located within the perimeter of the property that is subject to an

application for Subdivision or a Residential Development Parcel approval.

Open Space, Common

Land within or related to a Development, not individually owned or

dedicated for use, which is designed and intended for the common use

or enjoyment of the residents of the Development and may include such

complementary Structures and Improvements as are necessary and

appropriate. Common Open Space is Platted as a reserve and is owned

and maintained by a Home Owners Association.

Original Townsite Area

The original Townsite of the City of Lawrence, as shown on the “Original

Townsite Map” available for public inspection from the Planning Director.

Outlet, Single

A single connection between the Street or road system in a particular

Subdivision or other development and the Street system shown on the

Major Thoroughfare Map; a cul-de-sac is a sub-category of Streets with

single outlets, but a loop road or more complex system within a

development may also have access to the Street system through a

Single Outlet.

Overlay District

A special zoning district that has been “overlaid” on a base zoning

classification to alter some or all the base district zoning regulations.

Owner

Any Person or Persons, Firm or Firms, corporation or corporations, or

any other legal entity having legal title to land being subdivided under

these regulations. Also any legal entity having legal title to land for

which a building permit application is made.

Package Plant

A prefabricated or pre-built wastewater treatment plant.

Parcel

A contiguous area of land under the same ownership. This is an

inclusive term that includes Lot, Residential Development Parcel and

other terms. Unlike “Lot,” the term “Parcel” or “Residential

Development Parcel” does not mean a division of land created through a

plat or Subdivision process.

Parent Parcel

The recorded and legally defined parcel of land from which one or two

further divisions can be made for the purpose of conveying a

Residentially Development Parcel within the unincorporated area of the

County, outside the Lawrence Urban Growth Area or other Cities’ Urban

Growth Areas, to an individual.

Parkway

A Street that includes a landscaped median. A parkway may run in any

direction.

Participating

Community

Also known as an "eligible community," means a community in which

the Administrator has authorized the sale of flood insurance.

Peak Hour Traffic

The largest number of vehicles passing over a designated section of a

Street during the busiest one-hour period during a 24-hour period.

Pedestrian Right-of-Way

Easement

A strip of land dedicated for public use which is Reserved across a Block

for the purpose of providing pedestrian access to adjacent areas.

Pedestrian Way

A public walk dedicated entirely through a block, from street to street, or

providing access to a school, park, recreation area, or shopping center.

Percolation Test

A test designed to determine the ability of ground to absorb water and

used in determining the suitability of a soil for drainage or for the use of

a septic system.

Percolation

Downward flow or infiltration of water through the pores or spaces of

rock or soil.

Person

Any individual or group of individuals, corporation, partnership,

association, or any other entity, including Federal, State, and local

governments and agencies.

Petition, Public

Improvement

A legal instrument which serves as the basis for initiation of a public

improvement project by the Governing Body. A Public Improvement

Petition is frequently used during the Platting process to guarantee the

construction of certain Improvements that are required as conditions of

Plat approval, such as Street paving, sidewalks, water and sewer lines,

and stormwater and drainage Improvements.

Planning Area

The area considered in the development of a comprehensive plan for

cities in Douglas County.

Planning Commission

The Lawrence/Douglas County Metropolitan Planning Commission.

Planning Director

The Lawrence/Douglas County Metropolitan Planning Director.

Plat

A Subdivision as it is represented as a formal document by drawing and

writing and which is presented to the Planning Commission for review

and approval in accordance with these Subdivision Regulations and to

the Governing Body for the acceptance of Easements and Dedications.

Platting Binder

A report issued by a title insurance company setting forth the conditions

to be met for certain property to be Platted, e.g., Easements filed for

record, mortgages, fee title Owners, etc.

Potable Water

Water suitable for drinking or cooking purposes.

Preliminary Plat

A map of proposed land Subdivision showing the character and

proposed layout of the tract in sufficient detail to indicate its’ suitability

for the proposed Subdivision.

Principal Building

See ‘Building, Principal’.

Principal Use

The primary purpose, for which land or a Structure is utilized, based in part on the amount of Floor Area devoted to each identifiable use. The main use of the land or Structures as distinguished from a secondary or Accessory Use.

Principally Above

Ground

At least 51% of the actual cash value of the structure, less land value, is

above ground.

Private Drive

A use Platted for a Reserve in order to provide access to Lots from either

a public or Private Street system. A Reserve for Private Drive purposes is

the means to access Lots within a comprehensive group Development

for townhouses or apartment units or for commercial complexes and

office park Developments A new Private Drive may be established under

this Article only in a Planned Development.

Public Improvements

All public facilities constructed or erected by a Subdivider within a

Subdivision to permit and facilitate the use of Lots or Blocks for a

principal residential, business or manufacturing purposes.

Public Utility Facilities

Telephone, electric and cable television lines, poles, equipment and

Structures; water lines, holding towers or gas pipes, mains, valves or

Structures; sewer pipes, valves or Structures; Pumping Stations;

telephone exchanges and repeater stations; and all other facilities,

equipment and Structures necessary for conducting a service by a

government or a public utility.

Public Water Supply

A system for delivery to the public of piped water for human

consumption that has at least 10 service connections or regularly serves

at least 25 individuals daily at least 60 days out of the year. This term

includes any source, treatment, storage, or distribution facilities used in

connection with the system.

Publicly Treated Water

Water supplied for domestic purposes by a municipality or by a Rural

Water District and approved by the Kansas State Department of Health.

Pumping Station

A pumping facility that transports waste water between two gravity flow

sewer lines. A Pumping Station is used when topographic conditions do

not allow a continuous gravity flow system.

Raw Sewage

Untreated domestic or commercial wastewater.

Recreational Vehicle

A vehicle which is (a) built on a single chassis; (b) 400 square feet or

less when measured at the largest horizontal projections; (c) designed

to be self-propelled or permanently able to be towed by a light-duty

truck; and (d) designed primarily not for use as a permanent dwelling

but as temporary living quarters for recreational, camping, travel, or

seasonal use. A recreational vehicle is ready for highway use if it is on

its wheels or jacking system, is attached to the site only by quick-

disconnect type utilities and security devices, and has no permanently

attached additions.

Regulatory Flood

The Flood determined by the Federal Insurance Administration as having

a 1% chance of being equaled or exceeded in any given year.

Regulatory Flood

Elevation

The elevation at which the Regulatory Flood is determined to occur.

Regulatory Floodplain

Land included within the Regulatory Floodway and Floodway Fringe

areas as determined by the Federal Insurance Administration.

Replat

Same as “Resubdivision”.

Reserve

An area of property within a Subdivision which is Platted for specific

uses, e.g., open space, landscaping, entry monuments, recreational

facilities, utilities and drainage, Floodway, Private Street, etc. Typically,

future Ownership and maintenance responsibilities for a Reserve is set

forth by a Restrictive Covenant which provides that a Home Owners or

Lot Owners association will hold title to the Reserve and therefore be

responsible for the Reserve’s maintenance. The Restrictive Covenant

may provide for Ownership and maintenance to be tied to the

Ownership of an adjacent Lot. Ownership and maintenance is not

assigned to an individual, partnership or corporation except in the case

of a Reserve Platted for possible future sales to a public body for a

public facility].

Residential

Development Parcel

A parcel created by the division of a Parent Parcel for the purpose of construction of one single-family residential dwelling unit and permitted accessory uses, buildings and structures.

Restrictive Covenant

A restriction on the use of land traditionally set forth in a deed.

Restrictions are also placed of record by separate instruments including

Home Owners association agreements. The Restrictive Covenant usually

runs with the land.

Resubdivision

The further Subdivision of a tract of land which has previously been

lawfully subdivided and for which a Plat of such prior Subdivision has

been duly recorded.

Road or Roads

Same as “Street” or “Streets”.

Road, Stub

A short section of public Road or Road Easement dedicated to provide

future access to an adjacent unplatted tract of property.

Roadway

The paved or improved area of a Street right-of-way, exclusive of

sidewalks, Driveways, or related uses.

Rural Area

All of the Unincorporated Area of Douglas County lying outside of an

Urban Growth Area.

Sanitary Sewers

Pipes that carry only domestic, industrial or commercial Sewage and

into which storm, surface and ground waters are not intentionally

admitted.

Sector Plans

Plans that encompass one or more sections of land with the purpose

being to use geographic and demographic information to develop a

detailed land use vision of future development or redevelopment of a

study area.

Setback Line (Front) or

Building Line

A line nearest the front of and across a Lot or parcel of land establishing

the minimum open space to be provided between the front line of a

building or Structure and the line of the fronting Street right-of-way.

Setback Line

That line that is the required minimum distance from the Street right-

of-way line or any other Lot Line that establishes the area within which

the principal Structure must be erected or placed.

Sewage Lagoon

A shallow, artificial pond where sunlight, bacterial action and oxygen

interact to restore waste water to a reasonable state of purity.

Sewage

The total of organic waste and waste water generated by residential,

industrial and commercial establishments.

Sewerage

(1) All effluent carried by sewers whether it is sanitary Sewage,

industrial waste or storm water runoff; (2) The entire system of Sewage collection, treatment and disposal.

Slope

Degree of deviation of a surface from the horizontal; measured as a

numerical ratio, percent, or in degrees. Expressed as a ratio, the first

number is the horizontal distance (run), and the second is the vertical

distance (rise), as two to one. A two to one slope is a 50% slope.

Expressed in degrees, the slope is the angle from the horizontal plane,

with a 90° slope being vertical (maximum) and 45° being a 1:1 or 100%

slope.

Staff

The technical and professional Staff of the Lawrence/Douglas County

Metropolitan Area Planning Director.

Start of Construction

Includes substantial-improvements, and means the date the Building

permit was issued, provided the actual start of construction, repair,

reconstruction, rehabilitation, addition placement, or other

improvements were within 180 days of the permit date. The actual start

means either the first placement of permanent construction of a

structure on a site, such as the pouring of slabs or footings, the

installation of piles, the construction of columns, any work beyond the

stage of excavation, or the placement of a mobile home on a

foundation. Permanent construction does not include land preparation,

such as clearing, grading and filling, the installation of Streets and/or

walkways, excavation for a Basement, footings, piers, foundations, the

erection of temporary forms, nor installation on the property of

accessory structures, such as garages or sheds not occupied as dwelling

units or not part of the main structure. For a substantial-improvement,

the actual start of construction means the first alteration of any wall,

ceiling, floor, or other structural part of a Building, whether or not that

alteration affects the external dimensions of the Building.

State Coordinating

Agency

The Division of Water Resources, Kansas Department of Agriculture, or

other office designated by the governor of the State or by State Statute

at the request of the Administrator to assist in the implementation of the

National Flood Insurance Program (NFIP) in that State.

Stormwater Detention

Any storm drainage technique that retards or detains runoff, such as a

detention or retention basin.

Street or Streets

Any vehicular way(s) which: (1) is an existing state, county or

municipal Roadway; or (2) is shown upon a Plat approved pursuant to

law; or (3) is approved by other official action. The Street right-of-way is

all land located between the Street lines, whether improved or

unimproved.

Street Width

The amount of Street right-of-way Abutting a Lot’s property lines.

Street, Arterial

Arterial Streets are the highest level of Street classification, generally

providing for longer distance trips with relatively high traffic volumes

and high speeds for the context. Principal arterials permit traffic flow

through the urban area and between major destinations. Minor arterials

collect and distribute traffic from principal arterials and expressway to

Streets of lower classification, and, in some cases, allow traffic to

directly access destinations.

Street, Collector

A collector Street provides for land access and traffic circulation within

and between residential neighborhoods and commercial and industrial

areas. They distribute traffic movements from these areas to the

arterial Streets. Collectors do not typically accommodate long through

trips and are not continuous for long distances.

Street, Cul-de-sac

A Street having only one outlet and being permanently terminated by a

vehicle Turnaround at the other end.

Street, Dead-End

A Street having only one outlet and which does not benefit from a

Turnaround at its end.

Street, Expressway

Any divided Street or highway with no access from Abutting property

and which has either separated or at-grade access from other public

Streets and highways.

Street, Freeway

Any divided Street or highway with complete Access Control and grade

separated interchanges with all other public Streets and highways.

Street, Limited Local

A Local Street providing access to not more than eight Abutting single-

family residential Lots.

Street, Local

Local Streets provide direct access to adjacent land uses. Direct access

from a local Street to an arterial Street should be discouraged.

Street, Marginal Access

A Street that is generally parallel and adjacent to an Arterial Street or

other limited-access Street and that is designated to provide direct

access to adjacent property. Marginal Access Streets are commonly

known as “Frontage Roads”.

Street, Private

A Street that is not dedicated for public use. Not permitted in the

unincorporated area of the County and only permitted within Planned

Developments in the City of Lawrence.

Street, Residential

Same as “Local Street”.

Street, Residential

Collector (or Residential

Connector)

Residential collector is a special category of collector street characterized

by lower speeds & the residential nature of land uses along the corridor.

Bicycle & pedestrian facilities are strongly recommended for residential

collectors. Various traffic-calming treatments may be used to reduce

travel speeds. Residential collector streets with adjacent residential land

uses should be limited to two lanes. These streets can serve as a

connector street between local streets and the thoroughfare system.

Structure

For floodplain management purposes, a walled and roofed building,

including a gas or liquid storage tank, that is principally above ground,

as well as a mobile home. "Structure" for insurance purposes, means a

walled and roofed building, other than a gas or liquid storage tank that

is principally above ground and affixed to a permanent site, as well as a

mobile home on a permanent foundation. For the latter purpose, the

term includes a building while in the course of construction, alteration or

repair, but does not include building materials or supplies intended for

use in such construction, alteration or repair, unless such materials or

supplies are within an enclosed building on the premises.

Street, Stub

A short section of Street right-of-way Platted to provide future access to

an adjacent unplatted tract of property.

Subdivider

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 and platting land.

Subdivision (Plat)

The division of a Lot, tract or parcel of land into two or more parts for

the purpose, whether immediate or future, of sale or building

Development, including Resubdivision, but not including a “Certificate of

Survey” Administrative Procedure as is separately defined.

Subdivision, Major

A Subdivision that includes 5 or more lots. [See section 20-809].

Subdivision, Minor

A Subdivision that satisfies one of the criteria set forth in section

20-808.

Subdivision Regulations

For the City of Lawrence, Article 8 in Chapter 20 of the City Code, as

adopted and amended from time to time by Ordinance adopted by the

City Commission. For Douglas County, Chapter 11 in the County Code,

as adopted and amended from time to time by Resolution adopted by

the Board of County Commissioners.

Substantial- Damage

Damage of any origin sustained by a structure whereby the cost of

restoring the structure to pre-damaged condition would equal or exceed

50% of the market value of the structure before the damage occurred.

Substantial-

Improvement

Any reconstruction, rehabilitation, addition, or other improvement of a

structure, the cost of which equals or exceeds 50% of the market value

of the structure before "start of construction" of the improvement. This

term includes structures, which have incurred "substantial-damage”,

regardless of the actual repair work performed. The term does not,

however, include either (1) any project for improvement of a structure

to correct existing violations of State or local health, sanitary, or safety

code specifications that have been identified by the local code

enforcement official and which are the minimum necessary to assure

safe living conditions, or (2) any alteration of a "historic structure,"

provided that the alteration will not preclude the structure's continued

designation as a "historic structure.”

Surveyor

A professional Land Surveyor licensed by the State of Kansas.

Swale

A shallow ditch lined with grass or other vegetation for the purpose of

carrying stormwater from one location to another and filtering sediments

and other pollutants from stormwater runoff.

Terracing

An erosion control method that uses small hills and contours on the land

surface to control Flooding and runoff.

Topography

The configuration of a surface area showing National Geodetic Vertical

Datum (NGVD).

Tract

A non-buildable, platted parcel reserved for open space, storm drainage

or easement purposes or an otherwise specific and restricted use.

Traffic Calming Device

Physical traffic control or intervention measures designed to reduce the

negative effects of motor vehicle use, alter driver behavior and improve

conditions for non-motorized Street users.

Turnaround

An area at the closed end of a Street with a single common Ingress and

Egress within which vehicles may reverse their direction.

Unnecessary Hardship

The condition resulting from application of these regulations when

viewing the property in its environment that is so unreasonable as to

become an arbitrary and capricious interference with the basic right of

private property ownership, or convincing proof exists that it is

impossible to use the property for a conforming use, or sufficient factors

exist to constitute a hardship that would in effect deprive the owner of

their property without compensation. Mere financial loss or the loss of a

potential financial advantage does not constitute unnecessary hardship.

Unincorporated Area

That portion of Douglas County lying outside any incorporated

municipality.

Urban

An area generally characterized by medium and higher density

residential development (i.e., 3 or more dwelling units per acre),

commercial development, and industrial development, as well as the

availability of public services required for that development, specifically a

municipal water and sewer, an extensive network of streets, public

transit and other such services (such as municipal fire protection or

senior services). Development not providing such services may be

considered non-urban or rural.

Urban Density

A residential density that resembles the built and developed density of

the city for which an Urban Growth Area was projected and adopted.

[See definition of “Urban”.]

Urban Growth Area –

Lawrence

That area designated as the Lawrence Urban Growth Area (UGA) on the

most recent (adopted) version of the Comprehensive Plan. The

Comprehensive Plan, Horizon 2020, distinguishes four service areas

within the UGA based on the city’s adopted Wastewater Master Plan

and projected ability to provide sanitary sewer service to those areas.

Solely for the purpose of interpretation of the exemption section of

these regulations, a property shall be considered to be located within

the Urban Growth Area of Lawrence (UGA) if 100% of the tract or

Ownership parcel as shown on the 1998 Property Ownership Map,

Douglas County (which was prepared by York Publications in 1998) is

within the UGA boundary shown on Figure 9 in HORIZON 2020. An

Ownership tract or parcel having less than 100% of its land area within

the UGA as shown on Figure 9 shall not be construed to be within the

Urban Growth Area of Lawrence.

Urban Growth Area –

[other cities in the

County]

The area defined by a city’s master plan as land that will be annexed

into the city within the land use planning period to accommodate the

future growth and development of neighborhoods, businesses and

industries by the extension of city infrastructure and services.

Variance

Permission to depart from the Design Standards of the regulations when

the application of a specific standard is so unreasonable that it would

prevent the logical subdivision of the property.

Waiver

Permission to depart from the requirements of an ordinance or

Resolution with respect to the submission of required documents. Note:

The terms “”waiver” and “exception” are often used interchangeably,

however there are differences. Refer to ‘Exception’ for its meaning.

Water Surface Elevation

The height, in relation to the National Geodetic Vertical Datum (NGVD)

of 1929 (or other datum where specified) of floods of various

magnitudes and frequencies in the floodplain.

Water Table

The upper surface of Groundwater, or that level below which the soil is

seasonally saturated with water.

Waterway

Any natural or artificial stream, river, creek, ditch, Channel, canal,

conduit, Culvert, drain, Waterway, gully, ravine or wash in which water

flows in a definite direction or course, either continuously or

intermittently, and has a definite Channel, bed and banks, and includes

any area adjacent thereto subject to inundation by reason of overflow

or Flood water.

Wetlands

Those areas that are inundated or saturated by surface or ground water

at a frequency and duration sufficient to support, and that under normal

circumstances do support, a prevalence of vegetation typically adapted

for life in saturated soil conditions. Wetlands generally include swamps,

marshes, bogs and similar areas.

Woodlands

Natural hardwood forests, whether or not actively forested.

Zone A

Special flood hazard areas inundated by 100-year flood where no base

flood elevations have been determined.

Zone AE

Special flood hazard areas inundated by 100-year flood where base flood

elevations have been determined.

Zone AH

Special flood hazard areas inundated by 100-year flood with flood

depths of 1 to 3 feet (usually areas of ponding), where base flood

elevations have been determined.

Zone AO

Special flood hazard areas inundated by 100-year flood with flood

depths of 1 to 3 feet (usually sheet flow on sloping terrain), where

average depths have been determined. For areas of alluvial fan flooding

velocities have also been determined.

Zoning Regulations

The rest of Chapter 20 of the City Code or the current Zoning

Regulations in effect in Douglas County, as adopted from time to time

by resolution of the Board of County Commissioners.

(a) Purpose and Intent

(i) A division of a tract of land created exclusively for Agricultural Purposes, when that division does not involve the creation of any new public Streets, public Roads, or public Easements or residential development;

(ii) A division occurring through the sale or transfer of any Lot that has been legally platted in accordance with Subdivision Regulations in effect at the time of the platting;

(iii) A division of any land used exclusively for Cemetery purposes and accessory uses associated therewith;

(iv) A division of land occurring through the transfer of land for use as a right-of-way for widening a road or railroad or as an Easement for drainage, utility purposes public purposes or public utilities, when no new Street/Road or Easement of access is involved;

(v) A division of unplatted land in the Unincorporated Area of the County for the purpose of combination with an existing parcel or tract so long as the remaining portion of the unplatted land retains the minimum dimensional requirements for a buildable Residential Development Parcel;

(viii) Within the City of Lawrence, the division of land to allow for the sale of individual attached or detached residential dwellings; provided that, the following conditions are met:

a. The land has been developed with and is occupied by an attached or detached dwelling;

b. The land being divided or transferred under this exemption is covered by a recorded declaration of covenants subjecting the land and Improvements thereon to procedures and conditions regulating the manner in which Improvements may be expanded, reconstructed and maintained;

(ix) Within the Unincorporated Area of the County, a division created to divide off a residential building that existed on site on December 31, 2006, provided that the following conditions are met:

a. The minimum size of the new Parcel upon which the residential building is located meets both the County’s Sanitary Code requirements for access to a potable water supply and the Height, Area and Bulk Requirements in Article 18 of the Douglas County Zoning Regulations;

b. The entire On-Site Sewage Management System is located entirely on the Parcel upon which the residential building it serves is located and is in compliance with the County’s Sanitary Code requirements; and,

c. The new Parcel on which the residential building is located meets the minimum frontage and entrance spacing requirements established in the County’s Access Management Standards.

20-803 Property Divisions in Service Area 1, Lawrence Urban Growth Area

(i) For purposes of determining compliance with the 20 acre minimum parcel area, an entire half of a quarter-quarter section (e.g. West ½ of the Southeast ¼ of the Southeast ¼) shall be deemed to be a 20 acre parcel

(ii) In calculating the size of a parcel, the parcel size shall be deemed to include ½ of the adjoining road right(s)-of-way if this inclusion is necessary for the parcel to conform to the applicable minimum parcel size.

(v) Restrictive Covenant. The Future Development Area shall be subject to a restrictive covenant as set forth in sub-section 20-804(d).

(e) Notice to Nearby Property Owners [Renumbered from (d) to (e)]

(2) The failure of a property owner within the ¼ mile mailing distance to receive the written notice will not affect the validity of the application for a Certificate of Survey

(f) Cluster Developments – After Annexation [Renumbered from (e) to (f)]

(1) Land divided in accordance with this Section shall not be eligible for subsequent division until the land has been annexed by a city.

(g) Application [Renumbered from (f) to (g)]

(2) Proof of legal or equitable interest in the property;

(3) Proof that there are no unpaid taxes on the subject property in the form of a certificate that all taxes and special assessments due and payable have been paid;

(4) Certificate of mailing from the U.S. Post Office for letters mailed to property owners within ¼ mile of the property proposed for the Cluster division for rural residential development purposes;

(iii) Easement locations for utilities and storm water drainage;

(iv) Locations of Building Envelopes for each Residential Development Parcel to accommodate future subdivision into urban density lots; and,

(v) Supplemental written information that demonstrates how public utilities may be extended to the subdivision to accommodate future urban density development.

(h) Administrative Review and Consideration Procedures [Renumbered from (g) to (h)]

(1) Land divided pursuant to this Section shall not be eligible for subsequent division until the land covered by the Build Out Plan has been annexed by a city or the Build Out Plan has been revised as part of an amended Certificate of Survey.

(1) For purposes of determining compliance with the 40 acre minimum parcel area, an entire quarter of a quarter section (e.g. Southeast ¼ of the Southeast ¼) shall be deemed to be a 40 acre parcel.

(2) In calculating the size of a parcel, the parcel size shall be deemed to include ½ of the adjoining road right(s)-of-way or easements if this inclusion is necessary for the parcel to conform to the applicable minimum parcel size.

(1) Immediate Development Area.

(e) Notice to Nearby Property Owners [renumbered from (d) to (e)]

(f) Application [renumbered from (e) to (f)]

(1) The applicable review and recording fees;

(2) Proof of legal or equitable interest in the property;

(3) Proof that there are no unpaid taxes on the subject property in the form of a certificate that all taxes and special assessments due and payable have been paid;

(4) Certificate of mailing from the U.S. Post Office for letters mailed to property owners within ¼ mile of the property proposed for the Large Parcel Property division for rural residential purposes;

(5) A Build Out Plan illustrating the following with respect to both the Immediate Development Area and Future Development Area:

(iii) Easement locations for utilities and storm water drainage;

(iv) Locations of Building Envelopes for each Residential Development Parcel to accommodate future subdivision into urban density lots; and

(v) Supplemental written information that demonstrates how public utilities may be extended to the subdivision to accommodate future urban density development.

(6) One original and 3 copies of a Certificate of Survey conforming to the requirements of Section 20-807; and,

(7) An executed annexation agreement allowing annexation by the city, who’s Urban Growth Area the development is located within, based on the adopted annexation policies of that city.

(g) Administrative Review and Consideration Procedures [renumbered from (f) to (g)]

(h) Developable Acreage and Development of Future Development Area [renumbered from (g) to (h)]

(1) Land divided pursuant to this Section shall not be eligible for subsequent division until the land covered by the Build Out Plan has been annexed by a city or the Build Out Plan has been revised as part of an amended Certificate of Survey.

20-807 Certificate of Survey, Administrative Review Procedures

(i) Include the entire land area of the original Certificate of Survey and be signed by all of the current owners of land within the entire land area of the original Certificate of Survey;

(ii) Be submitted in the same form as an original Certificate of Survey and meet the requirements in section 20-807(e) through (g);

(iii) Be eligible for the same appeals procedure [re: section 20-807(i)] as the original Certificate of Survey;

(iv) Comply with the Subdivision Regulations in effect at the time the amended Certificate of Survey application is submitted for review;

(2) An amendment of a Certificate of Survey shall not alter future road layouts that would conflict with a Build Out Plan approved of an adjacent property.

(i) Appeals Process for Sections 20-804, 20-805 and 20-806 [renumbered from (h) to (i)]

(a) Purpose

(b) Applicability

(e) Preliminary Plat – Application

(k) Final Plat – Application

(i) Conforms to the Preliminary Plat previously approved by the Planning Commission;

(ii) Satisfies any conditions of approval imposed by the Planning Commission;

(iii) Includes the same Dedications accepted by the Governing Body, subject only to minor technical adjustments;

(iv) Satisfies any conditions of acceptance of Dedications imposed by the Governing Body;

(v) Represents a plat for which all required Public Improvements have been completed, or for which adequate Guarantee of Improvements has been provided; and

(vi) Is otherwise consistent with the requirements of this Article for a Final Plat.

(c) Blocks

(i) City of Lawrence

(ii) Rural Area