SUBDIVISION
REGULATIONS
for
and
the Unincorporated Areas
of
*Incorporation by Reference Document for
Joint Ordinance No. 8255 / Resolution _____
For quick reference, sections amended are
highlighted beginning on Page 3 of 99 below.
Amended:
Amended:
Amended:
Approval and Amendment Dates:
Original
Approved
by
Approved
by the Board of Douglas County Commissioners on
Amended
Joint
Ordinance/Resolution No. 8193, published
Approved by the Board of Douglas County Commissioners on
Approved by the
Amended
Joint
Ordinance No. 8230/Resolution 08-03,
published
Approved by the Board of Douglas County Commissioners on
Approved by the
Amended
Joint
Ordinance No. 8255/Resolution _____,
published April __, 2008
Approved by the Board of Douglas County Commissioners on
Approved by the
For quick reference, sections amended are
highlighted beginning on Page 3 of 99 below.
Official Copy
as Adopted by Ordinance No. 8255 and Resolution 08-xx.
_______________________________ month day, 2008
/s/Frank Reeb,
City Clerk date of publication
_______________________________ month day, 2008
/s/Jameson D. Shew,
Contents of Article
20-801 General...................................................................................................... 3
(a) Purpose and Intent....................................................................................... 3
(b) Jurisdiction................................................................................................... 3
(c) Applicability.................................................................................................. 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
(c) Pre-application Meetings............................................................................... 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
(c) Immediate Development Acreage and Future Development Acreage.................. 3
(d) Restrictive Covenant..................................................................................... 3
(e) Notice to Nearby Property Owners.................................................................. 3
(f) Cluster Developments – After
Annexation........................................................ 3
(g) Application................................................................................................... 3
(h) Administrative Review and Consideration Procedures...................................... 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
(c) Immediate Development Area and Future Development Area............................ 3
(d) Restrictive Covenants.................................................................................... 3
(e) Notice to Nearby Property Owners.................................................................. 3
(f) Application................................................................................................... 3
(g) Administrative Review and Consideration Procedures....................................... 3
(h) Developable Acreage and Development of Future Development
Area................. 3
20-806 Property
Divisions in the Rural Area (Outside the UGAs)........................ 3
(a) Purpose....................................................................................................... 3
(b) Definitions.................................................................................................... 3
(c) Applicability.................................................................................................. 3
(d) Parent Parcel Division.................................................................................... 3
20-807 Certificate of Survey, Administrative Review
Procedures...................... 3
(a) Purpose....................................................................................................... 3
(b) Authority...................................................................................................... 3
(c) Applicability.................................................................................................. 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................................. 3
20-808 Minor
Subdivisions.................................................................................... 3
(a) Purpose....................................................................................................... 3
(b) Authority...................................................................................................... 3
(c) Applicability.................................................................................................. 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
(c) Applications and Procedures.......................................................................... 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
(c) Blocks.......................................................................................................... 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 Conservation – 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
(c) Sidewalks and Pedestrian Ways..................................................................... 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
(c) Dedications.................................................................................................. 3
(d) Building Permits in the Unincorporated Area of
Douglas County......................... 3
(e) Building Permits in the City of Lawrence.......................................................... 3
(f) Appeals....................................................................................................... 3
(g) Variances.................................................................................................... 3
(h) Design Variances for Planned Development..................................................... 3
(i) Enforcement and Penalties............................................................................ 3
(j) Violations..................................................................................................... 3
(k) Penalties; Remedies..................................................................................... 3
20-814 Building
Setbacks, Enforcement, Exceptions............................................ 3
(a) Building or Setback Lines On Major Streets or Highways................................... 3
(b) Exceptions................................................................................................... 3
(c) Appeal – Setback.......................................................................................... 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
(1)
The purpose of the Subdivision Regulations of this Article is to ensure that the Division
of land, which, in many instances, is an initial step in urbanization, will serve the
public interest and general welfare.
Since the allocation and arrangement of parcels of land for both private
uses and public uses helps to influence the health, safety, economy,
livability, and amenities of an area, these regulations are intended to:
(i)
Provide for the harmonious and
orderly Development of land within the City and the Unincorporated Area of Douglas County by making provisions for adequate open space,
continuity of the transportation network, recreation areas, drainage, utilities
and related Easements, light and air, and other public needs;
(ii)
Contribute to conditions
conducive to health, safety, aesthetics, convenience, prosperity, and
efficiency; and
(iii)
Provide for the conservation
and protection of human and natural resources.
(2)
The Subdivision Regulations of this Article are designed, intended and
should be administered to:
(i)
Ensure that Development
in the City and in the Unincorporated
Area of Douglas County is in
accordance with the Comprehensive Plan;
any adopted watershed/sub-basin
plans, sector or neighborhood plans covering the subject Subdivision;
the applicable Zoning
Regulations enacted
to implement those plans; and the Lawrence/Douglas County
MPO Transportation Plan;
(ii)
Provide for the conservation of
existing neighborhoods and facilitate the development of new neighborhoods;
(iii)
Prevent the Development
of substandard Subdivisions and blighted areas that will be a
detriment to the Community;
(iv)
Coordinate the Development of
each parcel of land with the existing Community and facilitate the proper development of
adjoining land;
(v)
Provide adequate and accurate records
of all land Divisions;
(vi)
Ensure that the cost of Improvements, which benefit primarily the tract of land
being developed, be borne primarily by the Owners
or Developers of the subject tract, and that the cost
of Improvements that provide benefits to the subject tract
and the Community as a whole be shared by the Developer
and the Community;
(vii)
Ensure that Subdivisions
are designed and developed in a manner that is consistent with all applicable Flood protection
and storm water management regulations and other applicable land use and Development
regulations of Lawrence and Douglas County;
(viii)
Provide for the efficient
arrangement and orderly location of Street/Roads;
(ix)
Encourage the reduction of
vehicular congestion and support multi-modal transportation design
standards in a manner that supports multi-modal transportation;
(x)
Provide for the reservation or Dedication
of lands for open space and other Community facilities;
(xi)
Require the provisions of
off-site and On-Site Public
Improvements
that are necessary to serve land being developed;
(xii)
Provide for any other services,
facilities and Improvements deemed necessary to serve land being
developed; and
(xiii)
Establish Building Envelope lines.
(1)
The Subdivision Regulations of this Article shall apply to all lands
within the City of
(2)
In some cases, different
standards are established for lands within the City, the Urban Growth Areas and the Rural Area.
Unless otherwise expressly stated, however, all regulations and
standards of this Article shall apply with equal force to land located in
incorporated and Unincorporated
Areas.
Unless expressly
addressed as an exemption in Section 20-801(d) below, no Lot, tract or parcel of land shall be divided into two or more parts for the purpose of sale, transfer or Development,
whether immediate or future, except through the procedures and in accordance
with the standards set forth in this Article. For property within the incorporated city
limits of
(1)
The purpose of this sub-section
is to list specifically those divisions and transfers of land that are entirely
exempt from regulation under this Article.
This sub-section shall be strictly construed, so that any transaction
failing in any way to meet one, or more, of the requirements for exemption
shall be subject to the full effect of this Article.
(2)
The following divisions and
transfers of land are exempt from the requirement that divisions occur only in
accordance with the standards and procedures set forth in this Article and may
be accomplished by deed or other instrument of transfer without any reference
to this Article:
(1)
A division created
in conformance with this Article, or created in conformance with the Exemption section
of the previously adopted Subdivision Regulations that were in effect prior to December 20, 2006, and said
division was filed and recorded as a plat of survey, deed, or affidavit of
equitable interest identifying the division as a separate tract of real estate
at the Register of Deeds office (i) on or before June 1, 2005; or (ii) after
June 1, 2005, and as of December 31, 2006, provided a division made after June
1, 2005, met the 10 acre requirement and other requirements for a residential
building permit pursuant to Douglas County Resolution No 05-6-5 and resolutions
extending such Resolution, shall remain lawfully existing, retaining established
rights to the issuance of a building permit, subject to additional regulatory
authority of the Governing Body. Such legally created Parcel shall not be subject to further review under this Article;
unless or until
it is further divided.
(2)
(i)
Created
before the Effective Date of this Article in the City of
(3)
A Parcel created to divide off an existing residential building and
grounds from a larger Parcel pursuant to Section 20-801(d)(ix), when the principal
building on the Parcel is for single-family residential purposes, shall have no
further review under this Article until such Parcel is further
subdivided only when: the residential building existed on site on or before
December 31, 2006; it is served by a potable water source located on the Parcel that includes
the existing residential building improvement; the Parcel conforms
with the County’s Sanitary Code; and, that Parcel is zoned either A (Agricultural), A-1 (Suburban Home
Residential), VC (Valley Channel), or
R-1 (Single-Family Residential).
(4)
Upon the recording of a Final Plat, development rights in land
covered by that Plat shall vest in accordance with K.S.A. 12-764. This vesting shall be effective only so long
as the same general category of residential uses is continued; any significant
change of use shall subject the property to additional review and the
applicability of additional regulations, which may affect some rights that are
vested as to the particular use and the particular pattern of development. The development rights for a single-family
residential subdivision shall expire in accordance with K.S.A. 12-764(a).
(1)
A vested Parcel may be combined with another
unplatted Parcel and retain the right to a
building permit for one principal building for residential purposes on the
newly created Land Combination provided a survey of the Land Combination is filed at the Register of Deeds and all land covered by the survey
is owned by the same person or persons and the Owner requests in writing that the
County Clerk combines the constituent Parcels for tax Parcel purposes.
Unless otherwise
expressly stated, applications for review and approval under this Article may
be initiated by (1) all the Owners
of the property that is the subject of the application; or (2) the Owners’ authorized Agent.
Applications
required under these Subdivision Regulations
shall be submitted in a form and in the numbers of copies required by the
official responsible for accepting the application. Officials responsible for accepting
applications shall develop checklists of application submittal requirements and
make those checklists available to the public.
Application forms and checklists of required submittal information shall
be available in the office of the official responsible for accepting the
application. The application also shall
contain all materials required by: Section 20-807(d) for Certificate of Survey applications; Section 20-812(a)
for Preliminary Plat applications; or Section 20-812(b) for Final Plat
applications, whichever is applicable.
(1)
All Applicants
submitting applications for
approvals required by this Article must attend a pre-application meeting with Planning
Staff. Pre-application meetings are also
required whenever the provisions of this Article expressly state that they are
required. Pre-application meetings shall
be scheduled by the Applicant to allow adequate time to review and
respond to issues raised at the pre-application meeting. The meeting shall occur at least 7 working
days before submitting an application.
(2)
All other Applicants
are encouraged to arrange a pre-application meeting with Planning Staff. The Planning Director will
provide assistance to Applicants and ensure that appropriate Planning Staff members
are involved in pre-application meetings.
Officials
responsible for accepting applications may, after consulting with review and
decision-making bodies, promulgate processing cycles for applications. Processing cycles may establish:
(1)
The official date upon which a
completed application was submitted;
(2)
Deadlines before consideration;
(3)
Dates of regular meetings;
(4)
The scheduling of Staff
reviews and Staff reports on complete applications; and,
(5)
Any required time frames for
action by review and decision-making bodies.
Applications shall
be accompanied by the review and recording fee amounts that have been
established by the applicable Governing Body.
Fees are not required with applications initiated by review or
decision-making bodies. Application review
fees are nonrefundable.
(1)
An application will be
considered complete and ready for processing only if it is: submitted in the
required number and form; includes all required information; and, is accompanied
by the required fees.
(2)
Within 7 working days
of application filing, the Planning Director shall determine
whether the application includes all information required by these Subdivision Regulations. If an application does not
include all of the required information, it will be deemed incomplete. If an application includes all of the
required information, it will be deemed complete. Written notice of the incompleteness and the
specific information lacking shall be provided to the Applicant
or the Applicant’s Agent within
2 working days of a determination.
(3)
No processing of incomplete
applications shall occur and incomplete applications will be removed from the
processing cycle. When the deficiencies
are corrected, the application will be placed in the next processing cycle. If the deficiencies are not corrected by the Applicant
within 60 days, the application will be considered withdrawn. No refund of a review fee shall be made for
applications that are withdrawn.
(4)
Applications deemed complete
will be considered to be in the processing cycle and will be reviewed by Planning
Staff and other review and decision-making bodies in accordance with the
procedures of these Subdivision
Regulations.
(1)
The Planning Director
may require that applications be revised before being placed on the agenda of
the Planning
Commission or Governing Body, if the Planning Director
determines that:
(i)
The application contains one or
more significant inaccuracies or omissions that hinder timely or competent
evaluation of compliance with this Article;
(ii)
The application contains
multiple minor inaccuracies or omissions that hinder timely or competent
evaluation of compliance with this Article;
(iii)
The application cannot be
approved without a variance or some other change or modification that the
decision-making body for that application does not have the authority to grant
or approve. This determination shall be
made in written form to the applicant.
If the determination is based on this sub-section (iii), it shall
include an explanation of what variance, change or modification would be
required to allow approval of the application.
(2)
Applications that contain the
aforementioned types of inaccuracies or that substantially fail to comply with
this Article shall be revised before they will be placed on an agenda of the Planning
Commission or Governing Body.
(3)
Action or inaction by the Planning
Director under this
section may be appealed to the appropriate Governing Body in accordance with
Section 20-807(h) or Section 20-813(e) whichever is applicable.
Unless expressly
exempted under Section20-801(d), no Subdivision
or Rural Residential Development may be created and no Certificate
of Survey may be recorded with the Register of Deeds until the division
has been approved in accordance with the applicable Review and Approval
Procedures of this Article.
No division of land in
Service Area 1 of the Lawrence Urban Growth Area shall be approved until the land proposed for division has been
annexed into the City.
Upon annexation of land originally in Service Area 1 into
the City of
The purpose of this Section is to allow for an alternative
administrative approval procedure to Large Parcel Property Divisions in the
Urban Growth Area for rural residential development. The clustering of development parcels within
the Urban Growth Areas on parcels that are at least 20 Acres but less than 40
Acres is intended to mitigate strain on infrastructure and public services and
to anticipate future development patterns for the remainder of the property
after annexation.
(1)
A division of a parcel of land
that is less than 40 acres in area, but at least 20 acres in area, and that is
located in Service Areas
2-4, of
Lands divided
pursuant to this Section shall be developed as a Cluster Development and shall
contain an Immediate Development Area and a Future Development Area in
accordance with the following requirements.
(1)
Immediate Development Area.
The
Immediate Development Area of a Cluster Development shall not exceed 60% of the
total acreage of the proposed development.
Residential Development Parcels and the
cross access easements serving these parcels shall be located only in the Immediate
Development Area. Individual Residential Development Parcels shall only take
access from the cross access easement and shall be laid out in a manner that
minimizes adverse impacts to the Future Development Area. Development of the Immediate Development Area,
to the greatest extent practicable, shall conform to the following
requirements:
(i)
Minimum Parcel
Acreage. The minimum Residential Development Parcel size shall be 3 acres.
(ii)
Location of Residential
Development Parcels. Within the Cluster Development, each Residential Development Parcel shall be designed and developed in accordance with the requirements in
this sub-section:
a.
Clustered to take access from Cross Access Easements to
minimize access points to the adjacent public right(s)-of-way.
1.
Cross Access Easements shall be established by a separate legal instrument,
acceptable to the
2.
The Cross Access Easements shall be written so
that, upon annexation by a city, the cross access easement shall be deemed to
be dedicated to the City as public road right(s)-of-way,
to allow for construction of Street within the Cross Access Easements to meet
the then current city Street standards.
b.
Planned and
laid out to allow for future subdivision of the Residential Development Parcels into platted lots at an urban density commensurate with the zoning and
subdivision regulations of the annexing city.
(iii)
Utility – Water. All Residential Development Parcels shall obtain Publicly Treated Water delivered
through a water meter.
(iv)
Access to Future Development Area. All Residential Development Parcels shall have direct physical access to the Future
Development Area, either by being contiguous thereto or by a dedicated
pedestrian easement, as set forth in Section 20-810(f)(4).
(v)
Utility – Wastewater. All Residential Development Parcels shall have an On-Site Sewage Management System approved by the Director of Lawrence/Douglas
County Health Department or a connection to a wastewater disposal system
approved by the Kansas Department of Health and Environment.
(vi)
(vii)
Building Envelopes. The Immediate Development Area shall not
contain any lands identified as worthy for Resource Preservation in Section
20-810(j). The buildable area for each Residential Development Parcel within the Immediate Development Area shall be
defined by Building
Envelopes.
(viii)
Access. The
Cluster Development shall have direct access to a hard-surfaced road When the Cluster Development is located
within the
(ix)
Steep Slopes. The Building Envelopes of Residential Development Parcels shall not contain any slopes greater than 15%.
(x)
Minimum Road Right(s)-of-way. If the Cluster Development is located
adjacent to public road right-of-way that does not meet the minimum width
standards of Section 20-810(d)(4), approval of the application for division pursuant to this
Section 20-804 shall be subject to a condition that the Subdivider dedicate, by separate instrument to the
County, ½ the additional land necessary to bring the road(s) adjoining the Cluster Development to the required right-of-way standard based on
the road’s classification established in the County’s Access Management Standards. All
necessary dedications shall be by separate instrument, satisfactory to the
(xi)
Minimum Frontage and Entrance Spacing
Requirements. The Cluster Development
must meet the minimum frontage and entrance spacing requirements established in
the County’s Access
Management Standards. The Frontage and Entrance Spacing Requirements
are based on the classification of the road upon which the cross access
easement is proposed to take access.
(xii)
Drainage Easements. If any portion of the Residential Development Parcel lies in a FEMA designated regulatory
floodplain, or if drainage Channels or Swales exist on the Residential Development Parcel that carry runoff from adjacent property or
public Street/Roads, the FEMA designated regulatory floodplain or drainage
Channel or Swale shall be protected by grant of an Easement, or other similar
device, evidenced by separate legal instrument, as may be required by the
Planning Director and acceptable to the County Counselor.
(xiii)
Restrictive Covenants. Property in the Immediate Development Area shall be subject to a restrictive covenant as
set forth in sub-section 20-804(d).
(2)
Future Development Area.
The Future Development Area shall meet the requirements set forth
in this sub-section:
(i)
Minimum Requirement. A minimum of 40% of the total Cluster
Development shall be designated as Future Development Area.
(ii)
Conservation of Natural Resources. Land that is or contains the resources
identified in Section 20-810(j), to the greatest extent reasonably practicable,
shall be conserved and protected through the filing with the Register of Deeds
of either a Temporary Set Aside Agreement or a permanent Conservation Easement.
The Immediate Development Area
and Future Development Area
each shall be restricted by a separate instrument, satisfactory to the
(1)
Incorporate by
reference and have attached as an exhibit the Build Out Plan;
(2)
Require future division of the Residential Development Parcels to conform to the Build Out Plan, subject to the
requirements of this Article;
(3)
For the Immediate
Development Area, limit each
Residential Development Parcel to one
principal dwelling and accessory buildings until annexation into a city and municipal water and sanitary sewer
service are extended to the property;
(4)
For the Future Development Area, any further division
for development purpose is prohibited until annexation or until an amended Certificate of
Survey is approved and filed with the Register of Deeds;
(5)
Restrict the location of structures within the Immediate Development Area to Building Envelopes that have been created to allow for the future
subdivision of the Immediate
Development Area into lots of
an urban density that avoids
interference with planned future Street/Roads, easements and setbacks;
(6)
Be binding upon the
owner and all of its successors and assigns, and shall constitute a covenant
running with the land, expiring at the time the subject property is annexed by
a city; and
(7)
Be
in a recordable form and be recorded with the Register of Deeds.
(1)
Written notice of the proposed division for rural residential purposes
shall be mailed to the Owner of record of all property within ¼ mile of the subject property. The notice shall be sent by the applicant by regular
mail, postage pre-paid. The mailing addresses for property owners within the ¼
mile notification area shall be obtained from the Douglas County Clerk. The
applicant shall submit a Certificate of Mailing, obtained from the US Post
Office, at the time of submission of the Certificate
of Survey application. A Certificate of Survey
application shall be considered incomplete without an executed Certificate of
Mailing. The notice shall provide:
(i)
A brief description of the location of the property proposed for
division;
(ii)
The projected date a Certificate of Survey
application will be submitted to the Lawrence/Douglas County Planning Office;
(iii)
A contact telephone number and address for the property owner proposing
the division for rural residential purposes; and,
(iv)
The letter shall include the following Statement and information:
Notice of Proposal to divide land located at [road
address or general description such as; ½ mile north of the intersection of x
road and y road, on the east side] for rural residential development purposes.
This letter is being sent to the Owner of property
adjoining and within ¼ mile of the boundaries of the property proposed for
division for rural residential (Cluster) development. The purpose of this
letter is to provide general information to the recipient and/or owner of property of a
proposed or potential change in land use.
(2)
Additional divisions or development of the Immediate
Development Area shall be made in accordance with Section 20-810.
(3)
After annexation, divisions or development of any portion of the Future
Development Area not subject to a Conservation
Easement shall be made in accordance with the Subdivision Regulations of
the applicable city.
Any person
having legal or equitable interest in property that
meets the criteria required by this Section may file, with the Planning Director,
an application for a division of land in conformance with this Section. The completed application must: satisfy the
requirements of Section 20-802; be submitted with an approved application form
supplied by the Planning Department; and, shall be accompanied by:
(1)
The applicable review
and recording fees;
(5)
A Build Out Plan illustrating the
following with respect to both the Immediate Development Area and Future
Development Area:
(6)
One original and 3 copies of a Certificate of
Survey that complies with the requirements of Section 20-807, and,
(7)
An executed
annexation agreement allowing annexation by the city that’s Urban Growth Area
the development is located within based on the adopted annexation policies of
that city.
The Planning Director shall review all applications
for Cluster Developments pursuant to this Section in accordance with the Certificate of Survey administrative review
procedures set forth in Section 20-807.
(2)
Upon Annexation, development of the Future Development Area
shall occur in accordance with the Build
Out Plan. If, however, the appropriate city’s
plans or regulations for the area covered by the Build Out Plan recommend a
different type of land use or scale of development, the property shall be
platted to conform to the city’s current plans and regulations.
(3)
Upon annexation, all divisions of land in the Immediate Development Area or Future Development Area shall be made in accordance with Section 20-809, Major Subdivisions
for the City of
The purpose of this
Section is to allow an administrative approval
procedure for divisions of land to accommodate rural residential development on large land parcels that are located within
the Urban Growth Areas of cities in
A division of a
parcel of land, that is 40 acres in area or larger, that also is located in Service
Areas 2-4, of Lawrence’s Urban Growth Area, or in other Cities’ Urban Growth Areas, may be approved pursuant
to the provisions of this Section.
Large
Parcel Property Divisions of land made according to this Section
shall consist of two components; Immediate Development Area and Future
Development Area and shall be made in accordance with the requirements of this sub-section.
(i)
Maximum Development Acreage. The Immediate Development Area shall not
exceed 60% of the total acreage of the Large Parcel Property Division that is
covered by an application submitted pursuant to this Section. The Immediate Development Area may further be
divided into individual Residential
Development Parcels subject to
the requirements of this Section.
(ii)
Minimum Residential
Development Parcel Area. Each Residential
Development Parcel
must have a minimum area of:
a.
3 acres when
fronting onto a Local road;
b.
5 acres when
fronting onto a Major or Minor Collector road,
c.
10 acres when
fronting onto a Minor Arterial; and
d.
20 acres when
fronting onto a Principal Arterial or Freeway.
(iii)
Building Envelopes. Residential Development Parcels shall be planned and arranged to allow for future subdivision
of these parcels into lots at an urban density that conforms to
the development regulations of the city that’s Urban Growth Area the
development is located within. Building Envelopes
shall be shown on each Residential
Development Parcel.
(iv)
Development Parcel Access. Each Residential
Development Parcel shall have
direct access to a hard surfaced road shall have direct access to a road that meets or exceeds the County’s
(v)
Minimum Road Right(s)-of-way. If the Large Parcel Property Division is
located adjacent to public road right(s)-of-way that does not meet the minimum
width standards of Section 20-810(d)(4), approval of the application for division of land pursuant to this Section 20-805
will be subject to the condition that the Subdivider dedicate, by separate
instrument to the County, ½ the
additional land necessary to bring the road(s) adjoining the Large Parcel
Property Division to the required right-of-way standard based on the road’s classification
established in the County’s Access
Management Standards. All necessary
Dedications shall be by separate instrument, satisfactory to the
(vii)
Utility - Water. All Residential
Development Parcels shall obtain
Publicly Treated Water delivered through a water meter.
(viii)
Steep Slopes. The Building
Envelopes of Residential Development Parcels shall not contain any slopes greater than 15%.
(ix)
Drainage Easements. If any portion of the Residential Development Parcel lies in FEMA designated regulatory floodplain, or if
drainage Channels or Swales exist on the Residential
Development Parcel that carry
runoff from
adjacent property or public Street/Roads, the FEMA designated regulatory
floodplain or drainage Channel or Swale shall be protected by grant of Easement,
or other similar device, evidenced by
a separate legal
instrument, as may be required by the Planning Director and acceptable to the County Counselor.
(x)
Utility – Wastewater. Residential
Development Parcels shall have
an On-Site Sewage Management System approved by the Director of Lawrence/Douglas County Health
Department or a connection to a wastewater disposal system approved by the
Kansas Department of Health and Environment.
(xi)
(xii)
Restrictive Covenants. Property in the Immediate Development Area
shall be subject to a restrictive covenant as set forth in sub-section 20-805(d).
(2)
Future Development Area.
The Future Development Area
shall meet the requirements set forth in this sub-section.
(i)
Minimum Requirement. The portion of a Large Parcel Property
Division not included in the Immediate Development Area shall be designated Future
Development Area.
(ii)
Conservation of Natural Resources. Land that is or contains the resources
identified in Section 20-810(j), to the greatest extent reasonably practicable,
shall be conserved and protected through the filing with the Register of Deeds
of either a Temporary Set Aside Agreement or a permanent Conservation
Easement.
(iv)
Restrictive Covenant. The
Future Development Area shall be subject to a restrictive covenant as set forth
in sub-section 20-805(d).
The Immediate
Development Area and Future Development Area each shall be restricted by a
separate instrument, satisfactory to the
(1)
Incorporate by reference and
have attached as an exhibit the Build Out Plan;
(2)
Require future division of the Residential
Development Parcels to conform to the Build Out Plan,
subject to the requirements of this Article;
(3)
For the Immediate Development Area,
limit each Residential Development Parcel to one principal dwelling until annexation into a city and
municipal water and sanitary sewer service are extended to the property;
(4)
For the Future
Development Area, any further
division for development purpose is prohibited until annexation or until an
amended Certificate of Survey is approved and filed with the Register of Deeds;
(5)
Restrict the location of structures within the Immediate Development Area to Building
Envelopes that have been created to allow for the
future subdivision of the Immediate
Development Area into lots of
an urban density that avoids
interference with planned future Street/Roads, easements and setbacks;
(6)
Be binding upon the owner and
all of its successors and assigns, and shall constitute a covenant running with
the land, expiring at the time the subject property is annexed by a city; and
(7)
Be in a recordable form and be recorded with the Register of Deeds.
(1)
Written notice of the proposed division for rural residential purposes
shall be mailed to the Owner of record of all property within ¼ mile of the subject property. The notice shall be sent by the applicant by
regular mail, postage pre-paid. The mailing addresses for property owners
within the ¼ mile notification area shall be obtained from the Douglas County Clerk.
The applicant shall submit a Certificate
of Mailing, obtained from the US Post Office, at the time of submission of the Certificate of Survey application. A Certificate of Survey application shall be considered
incomplete without an executed Certificate of Mailing. The notice shall provide:
(i)
A brief description of the location of the property proposed for
division;
(ii)
The projected date a Certificate of Survey
application will be submitted to the Lawrence/Douglas County Planning Office;
(iii)
A contact telephone number and address for the property owner proposing
the division for rural residential purposes; and,
(iv)
The letter shall include the following Statement and information:
Notice of Proposal to divide land located at [road
address or general description such as; ½ mile north of the intersection of X
road and Y road, on the east side] for rural residential development purposes.
This letter is being sent to the Owner of property
adjoining and within ¼ mile of the boundaries of the property proposed for
division for rural residential (Large Parcel Property
Division) development. The purpose of this letter is to provide general
information to the recipient and/or owner of property of a proposed or potential
change in land use.
(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.
Any person having
legal or equitable interest in property that meets the requirements of this
Section may file, with the Planning Director, an application for a Large Parcel Property Division in conformance with this Section. The completed application must satisfy the
requirements of Section 20-802; be on an approved
application form supplied by the Planning Department; and, shall be accompanied
by:
The Planning
Director shall review all applications for Large
Parcel Property Divisions pursuant to this Section in accordance with
the Certificate of Survey administrative review
procedures provided in Section 20-807.
(2)
Upon Annexation, development of the Future
Development Area shall occur in accordance with the Build Out Plan. If, however, the appropriate city’s plans or
regulations for the area
covered by the Build Out Plan recommend a different type of land use or scale of development, the
property shall be platted to conform with the city’s current plans and
regulations.
(3)
Upon annexation, all divisions of land in the Immediate Development Area or Future Development Area shall be made in accordance with Section 20-809, Major Subdivisions
for the City of
Horizon
2020, the Comprehensive Land Use Plan, strongly encourages that residential
development be located in the Lawrence Urban Growth Area or within the Urban
Growth Areas of the other incorporated Cities’ in the County. Horizon 2020 also recognizes the need for suitable
residential development in the Rural Area of Douglas County.
When used in this
Section, the following terms have the following meanings:
(1)
Original Tract – shall be composed of a parcel or a combination of all
adjacent parcels under a single
ownership [not
separated by public right(s)-of-way] that share common boundary lines, from
which a Parent Parcel is created.
(2)
Parent Parcel – a surveyed area, site or land division created for
the sole purpose of a residential development action.
(3)
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.
(4)
Rural Area – the area of the County lying
outside the Urban Growth Areas of Lawrence, Baldwin City, Eudora and Lecompton.
Land located within
the Rural Area may be divided into individual Residential
Development Parcels according to the following requirements:
(1)
The owner of the land must
identify a tract of land, which shall be a minimum of 20 acres and take access
to a full maintenance road, in accordance with this Section. The tract identified for division according
to this sub-section shall be known as the “Parent Parcel”. The land from which the Parent Parcel is identified shall be known
as the “Original Tract”.
(i)
For purposes of determining
compliance with the 20 acre minimum tract area, 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 tract.
(ii)
In calculating the size of a
tract, the tract size shall be deemed to include ½ of the adjoining road right(s)-of-way
or easements if such inclusion is necessary for the
tract to conform to the applicable minimum tract size.
(2)
To initiate a division of land
according to this Section, the owner must submit an application to the Planning
Director, on a form provided by the Planning
Department accompanied by an original and 3 copies of a Certificate of Survey
prepared in conformance with Section 20-807(d).
The Certificate of
Survey shall illustrate and identify the
Original Tract on the location map. The Parent Parcel and Residential Development Parcels shall be identified by legal description and show all environmentally or
geographically sensitive areas or sites of historic landmarks or historic
features [refer to Section 20-810(j)].
(1)
A Parent Parcel may be divided to
create either 2 or 3 individual
Residential Development Parcels. If the Parent
Parcel is bounded on only 1 side by an existing full maintenance road it can
have only one division, creating 2 individual Residential Development Parcels. If the Parent
Parcel is bounded on 2 or more sides by existing full maintenance Local roads it
can be divided 2 times, creating 3 individual Residential Development Parcels,
only when the Planning Director finds: the
property is being subdivided for single-family residential purposes; the division does not involve or result in the creation of any minimum
maintenance or full maintenance new
Roads or road rights-of-way or easements; and,
the division is made in accordance with the requirements in this sub-section.
(ii)
Development Access. Each Residential
Development Parcel shall have direct access to a full maintenance road;
(iii)
(iv)
Grouping Divisions. When a Parent Parcel has previously been
identified and filed of record from an Original Tract, any subsequent Parent
Parcel identified from that Original Tract shall, where practicable, be located
with one boundary line adjacent to the previously
created Parent Parcel to encourage the grouping of Residential Development Parcels to facilitate the efficient provision of infrastructure
and other public services.
(v)
Minimum Frontage and Entrance Spacing Requirements. Each Residential
Development Parcel must meet the
minimum frontage and entrance spacing requirements established in the County’s Access Management Standards. The frontage and entrance spacing requirements are based on
the classification of the road upon which the Residential Development Parcel is proposed to take access.
(vi)
Minimum Road Right(s)-of-way. If the Original Tract/ Parent Parcel Division is
located adjacent to public road right(s)-of-way that does not meet the minimum
width standards of Section 20-810(d)(4) approval of the application for division of land pursuant to this Section
20-806 will be subject to the condition that the Subdivider dedicate, by
separate instrument to the County, ½ the
additional land necessary to bring the road(s) adjoining Original Tract/Parent
Parcel to the required right-of-way standard based on the road’s classification
established in the County’s Access
Management Standards. All necessary Dedications shall be by
separate instrument, satisfactory to the
(vii)
Building Envelope. When a Residential
Development Parcel includes
lands identified for Resource Preservation in Section 20-810(j), a Building Envelope
is shall be required to be shown on the parcel and it shall not include the
areas and sites identified for resource preservation. A Building
Envelope is not required on a Residential Development Parcel that does not include lands within the categories
identified for resource preservation in Section 20-810(j).
(viii)
Conservation Easement. Land that is or
contains the resources identified in Section 20-810(j), is encouraged to be made
subject to a Conservation
Easement or other conservation measure to
permanently retain the environmental, geographical or historical
characteristics of the land and prevent any use of these areas that will
significantly impair or interfere with the environmental, geographical or
historical characteristics of this land.
The Conservation
Easement shall be conveyed by a
separate legal instrument to a public or
nonprofit organization that protects and preserves lands of ecological, scenic,
historic, agricultural, or recreational significance in
(2)
With respect to
any division made according to this Section, the subsequent Residential Development Parcels shall be considered
parcels but shall not be considered Lots as defined in this Article. Each Residential
Development Parcel shall be eligible for the issuance of building
permits for one single-family dwelling and permitted accessory uses, buildings
and structures. Use for any other
purpose (other than agricultural use), construction of more than one single-family
dwelling, or further division of the Residential
Development Parcel shall be prohibited.
The purpose
of the Certificate of Survey administrative review procedure is to provide an
administrative process for creating an accurate record of the description and
location of Residential Development Parcel divisions created in conformance with Sections 20-804, 20-805,
or 20-806, whichever is applicable, without requiring full compliance with the
Subdivision Development regulations of Section 20-809, Major Subdivisions.
The Planning
Director is authorized to review and approve applications for land divisions
made in conformance with Sections 20-804, 20-805 and 20-806, subject to the
requirements of this Section. This administrative
review procedure allows for an administrative approval process with final
action by the Planning Director.
An
application for a division of land submitted with a complete Certificate of Survey shall be considered for
approval in the following circumstances:
(1)
The proposed division meets the
criteria of one of the
types of division authorized by Sections 20-804, 20-805, or 20-806, for review
in conformance with this Section.
(2)
Residential Development Parcels are eligible for Certificate of Survey approval only one time within the Lawrence Urban Growth Area. An
amended Certificate of
Survey may be filed
for property in the Lawrence Urban Growth
Area, or within
the Rural Area when it: includes the same land area as the
original Certificate of
Survey; and, when it
meets the applicable requirements in Sections 20-804, 20-805 or 20-806.
(3)
For the purpose of interpreting the
applicability of the Certificate of
Survey administrative
review procedure, any proposed development or division of land, which the
Planning Director determines is intended to evade the Major Subdivision
procedures of Section 20-809 because it would result in a de facto Major Subdivision through the combination of previous
contiguous Certificates of Survey, is not eligible to use the Certificate of Survey administrative review procedure.
Applications
for Certificate of Survey administrative review procedure shall be submitted
to the Planning Director in conformance with the general requirements of
Section 20-802 and any specific requirements provided in this Article.
A Certificate of Survey shall comply with the following
requirements:
(1)
The Certificate
of Survey shall be legibly drawn on Mylar with permanent ink or printed
or reproduced by a process guaranteeing a permanent record shall be a minimum size of 11 inches by 17 inches;
(2)
The Certificate
of Survey shall show or contain on its face
the following information; provided, however, that the licensed Land Surveyor may, at his or her discretion,
provide additional information regarding the survey:
(i)
A title or title block
including the quarter-section, section, township, range and principal meridian
in which the surveyed land is located. A
Certificate of Survey shall not bear the title
“plat,” “subdivision” or any title other than “Certificate
of Survey;”
(ii)
A note stating “This Certificate of Survey was not prepared for the purpose of the platting
of land. No further divisions of the parcels
created by this survey shall occur until the property is subdivided in
accordance with all applicable Subdivision Regulations of Douglas County or the
city into which it is annexed.”;
(iii)
The name(s) of the person(s)
who own the land and who commissioned the survey and the names of any adjoining
platted subdivisions;
(iv)
The date the survey was
completed;
(v)
A north arrow;
(vi)
A written and graphic scale. (The scale must be one inch equals 30 feet or
less);
(vii)
A narrative legal description
of the property surveyed, including a benchmark or other vertical reference
point tied to the United States Geological Survey;
(viii)
A location map showing the
property surveyed in
relation to property ownership lines within the same section and the nearest
existing public right(s)-of-way;
(ix)
The dimensions and locations of all of the
parcels
indicated on the survey, including dashed lines to depict the future urban lot layout in the Build Out Plan. This requirement is not applicable to Section 20-806;
(x)
A numbering system or other
clear and simple method of identifying each parcel within the Certificate of Survey;
(xi)
The location and width of
public right(s)-of-way, existing and proposed;
(xii)
The location of any easements,
existing and proposed;
(xiii)
The dimensions of all existing
Structures in relation to existing and proposed parcel lines, and based on the future lot layout shown in
the Build Out Plan;
(xiv)
Building Envelopes, when required, shall be shown for every Residential Development Parcel and shall not include
lands identified as environmentally or geographically sensitive areas or the sites of
historic landmarks or historic features;
(xv)
Except for divisions made in conformance with
Section 20-806, Building
Envelopes shall be
designed to allow for the placement of rural residences on parcels that will
facilitate future
further subdivision of the Residential Development
Parcel into city-sized urban lots;
(xvi)
A note stating the specific Section [20-804,
20-805, or 20-806] pursuant to which the division is being made;
(xvii)
Restrictive covenants or Conservation Easements required by the proposed division shall be
noted book and page number in which the covenants or Conservation Easement are recorded;
(xviii) The
signature of the Owner, properly acknowledged;
(xix)
The dated signature and seal of
the
(xx)
A line on the survey for the review date and
signature of the
(xxi)
A line for the approval date and signature of the Planning
Director under a note stating: “Approved as a Certificate of Survey under the Subdivision Regulations of the City
of
(xxii)
A line for identification of book and page of the Register of Deeds filing
information.
An
application for a division requiring an
approved Certificate of Survey shall be approved
if, and only if, it meets all of the following criteria:
(1)
The proposed division meets the
requirements for a division of land under Sections 20-804, 20-805 or 20-806, as
applicable;
(2)
The Certificate
of Survey meets all of the requirements of this Section;
(3)
The proposed Residential Development Parcels and all other aspects
of the proposed Certificate of Survey conform
with the current Comprehensive Plan of Lawrence and
(4)
The Certificate
of Survey conforms to the County’s Access Management Standards and does not preclude or interfere
with the subsequent logical continuation of any Street/Roads shown thereon
affecting the land included in the proposed Certificate
of Survey. If additional right-of-way is
needed to meet the minimum required for the classification of road accessed by
the development in the Certificate of Survey, the Certificate of Survey review process shall be suspended for up to 90 days to
allow for dedication by separate instrument of the necessary right-of-way. If
the criteria for review are not met by the end of the suspension period, this
shall be sufficient cause for rejecting an application for a Certificate of Survey;
(5)
The proposed Certificate of Survey is consistent with any
conditions imposed on any previous division of any part of the same land; and
(6)
The proposed Certificate of Survey complies with the Kansas Minimum Standards for
Boundary Surveys.
(1)
The General Review and Approval
Procedures set forth in Section 20-802
shall apply to all applications under this Section.
(2)
Upon receipt of a complete
application, the Planning Director shall review the application for conformance
with applicable regulations.
(3)
The Planning Director shall
conduct the review of the application within 30 days of receipt of the complete
application. If the Planning Director
finds that the Certificate of Survey conforms
to all of the standards set forth in this Article, the Director shall sign and
indicate on an original copy of the Survey “Approved as a Certificate of Survey under the Subdivision
Regulations of the City of
(4)
If the Planning Director finds
that the Certificate of Survey fails in any way
to conform to the standards set forth in this Article or that the proposed
division is not eligible for administrative
approval pursuant to this Section, the Planning Director shall refuse to
approve the proposed Certificate of
Survey and shall
notify the Applicant by letter, within the 30 day review period, of the
reason(s) for that refusal. If the
deficiency or other reason for denial can be cured through action of the
Applicant, the Applicant may submit a revised application and Certificate of Survey within 45 days after receipt of
the letter and shall not be required to pay an additional fee.
(5)
If approved, the Certificate of Survey shall be recorded by the Planning
Director with the Douglas County Register of Deeds. A copy shall be kept by the Planning Director, and a copy shall be furnished to the
Applicant and to the County Zoning & Codes office.
An
approved Certificate of Survey
may be amended for a Parent Parcel
created in accordance with Section 20-806 or, prior to annexation by a city, in
accordance with Sections 20-804 or 20-805 for
(1)
An amendment to an
approved Certificate of Survey shall:
(1)
Upon the approval or denial of
an application for a division of land under Sections 20-804, 20-805 or 20-806 a
party aggrieved by the Planning Director’s
decision may appeal that decision to the Board of County Commissioners. To have standing to make an appeal, the party
must have been the Applicant or an owner of property within ¼ mile of the land that
is the subject of the decision.
(2)
The Planning
Director shall provide written notice of the filing of an appeal setting
forth the subject of the appeal, the time and place and when the appeal shall
be heard. The notice shall explain that
there will be an opportunity to present evidence to the Board of County
Commissioners and it shall be mailed to the Applicant and all owners of
property within ¼ mile of the land that is the subject of the appeal.
(3)
The
The purpose
of this administrative process is to provide a more economical and efficient
procedure for the adjustment of platted lot lines in developed areas through a Resubdivision procedure, where an
adjustment involves little or no expansion of the public infrastructure. The Minor Subdivision process allows for a one-step Resubdivision approval
process with final action by the Planning Director.
The Planning Director is hereby
authorized to review and approve Minor Subdivisions
in accordance with the procedures of this Section.
(1)
Within the City of
(2)
Within the Unincorporated Area of the County, a platted Lot may be split into
2 Platted Lots by
using the Minor
Subdivision procedures
of this section, provided that:
(i)
Each resulting
(ii)
The platted lot takes access from
a
(iii)
No new Road or extension of an existing improved Road is created, nor is a vacation of Roads, Setback Lines, Access Control or Easements required or proposed; and,
(iv)
The lot split is not prohibited
by any other Section of this Article;
(3)
The merger or consolidation of full Lots or full Lots with portions of platted Lots into a fewer number of Lots shall be processed as Minor Subdivisions;
(4)
For the purpose of interpreting
the Minor
Subdivision
eligibility criteria of this sub-section, any proposed Subdivision that the Planning
Director determines is designed, intended, or by proximity to a previous
minor subdivision would evade the Major Subdivision procedures of this section by resulting in
a de facto Major Subdivision, shall not be eligible for the Minor Subdivision process;
(5)
Lots are eligible only one time for approval of a lot split or consolidation through the Minor Subdivision process and any further divisions or consolidations of the originally platted
or newly created Lots shall be processed as Major Subdivisions; and,
(6)
The Minor Subdivision
replat
shall contain a general note on the face of it stating: “Further
division or consolidation of any lots contained in this Minor Subdivisions is prohibited, and shall be processed as Major Subdivisions”.
A lot or group of
lots submitted as a Minor Subdivision shall be
approved if all of the following
criteria are met:
(1)
The proposed division(s) or consolidation(s)
meets the criteria of one of the types of divisions eligible for review through
the Minor
Subdivision
process under Section 20-808(c);
(2)
Each Lot resulting from the split
or
consolidation will have direct access to an existing public Street/Road that meets current adopted access and improvement standards or will meet such
standards as a result of improvements required as a condition of approval of
the Minor
Subdivision;
(3)
If the property is located
adjacent to a public Street/Road right-of-way that does not meet the
minimum right-of way standard of Section20-810(d)(4), approval of the Minor Subdivision will be subject to the condition that the Subdivider dedicate to the City or County, as
applicable, one-half the additional land necessary to bring the road(s)
adjoining the land to be divided to the required minimum right-of-way
standards. All necessary Dedications shall be filed by separate instrument with
the Register of Deeds and proof of these dedications shall be provided to the Planning Director. No final action shall be taken on the Minor
Subdivision until
this additional right-of-way dedication has been recorded;
(4)
If any portion of the property
within the Minor
Subdivision lies
in a FEMA designated regulatory floodplain, or if drainage Channels or Swales exist on the property that carry
runoff from adjacent property or public Street/Roads, the FEMA designated regulatory
floodplain or drainage
Channel or
Swale shall be protected by grant of Easement, Dedication or other similar devise as may be required
by the Planning
Director. No final action shall be taken on the Minor
Subdivision until
this dedication has been recorded;
(5)
The Owner shall provide written documentation for splits or combination of lots in the unincorporated area of the County to the Planning Director providing proof that the proposed Lots will have:
(i)
Access to Publicly Treated
Water delivered through a water meter; and,
(ii)
Test holes for an On-site Sewage Management System have been reviewed and approved by the Director
of Lawrence/Douglas County Health Department.
(6)
The proposed Lots and all other aspects of the proposed Minor Subdivision conforms with the current Comprehensive Land Use Plan of Lawrence and
(7)
The Minor Subdivision conforms with the adopted Major Thoroughfares Map in the
Comprehensive Land Use Plan and does not preclude or interfere with the subsequent logical
continuation of any Street/Roads shown thereon affecting the land included
in the proposed Minor
Subdivision or the
original platted subdivision;
(8)
The proposed Minor Subdivision is consistent with any conditions imposed
on the original platted Subdivision from which the lots being split or consolidated were originally platted; and,
(9)
The Minor Subdivision conforms to the Kansas
Minimum Standards for Boundary Surveys.
(1)
Requests for Minor Subdivision
approval shall be submitted to the Planning Director.
(2)
Each application shall be
submitted on a form provided by the Planning Director and shall be accompanied
by:
(i)
The applicable review and
recording fees;
(ii)
Ten copies of a Minor Subdivision replat, certified by a licensed Land Surveyor, at a scale of one inch equals 30 feet or
less; and
(iii)
A certificate that all taxes and special assessments due and payable have
been paid. Any unpaid special assessments shall be noted with
the application submittal and a proposed redistribution plan for these unpaid
special assessments, which meets the City Clerk and City Engineer requirements for
lots within the City of Lawrence or with the County Clerk and County Engineer
requirements for lots within the unincorporated area of Douglas County, also
shall be submitted with the application.
(3) The
replat shall contain the following information:
(i)
A title that includes the
original lot numbers and subdivision name and an indication that this is a
replat of said lots in the subdivision;
(ii)
Legal description of the
property, including a benchmark or other vertical reference point tied to the
United States Geological Survey;
(iii)
Location map identifying
community features and the nearest existing public right(s)-of way within a one
mile radius of the site;
(iv)
Location of existing Easements and utilities;
(v)
Dimensions and locations of the
new lots to be created through the division or consolidation;
(vi)
Location and width of access
ways, existing and proposed;
(vii)
Dimensions of all existing Structures in relation to existing and proposed Lot Lines;
(viii)
Signature of the Owner, properly attested;
(ix)
A signature and date line for
approval by the Planning
Director, stating “Approved as a Minor Subdivision under the Subdivision Regulations of
the City of
(x)
A line on the survey for the review date and
signature of the
(xi)
A signature and seal of the Land Surveyor licensed by the State of
(1)
Upon receipt of a complete
application, the Planning
Director
shall review the application for conformance with applicable regulations.
(2)
The Planning Director shall conduct the review of the
application within 20 days of receipt of the complete application. If the Planning Director finds that the Minor Subdivision conforms to all of the standards set forth
in this Section, the Director shall sign and date an original Mylar copy of the
replat.
(3)
If the Planning Director finds that the Minor Subdivision fails
in any way to conform to the standards set forth in this Section or that the
proposed division or consolidation is not eligible for consideration as an Minor Subdivision, the Planning Director shall refuse to approve the proposed Minor Subdivision and shall notify the Applicant by letter of the reason(s) for such refusal. If the deficiency or other reason for denial
can be cured through action of the Applicant, the Applicant may submit a revised application and map
within 45 days after receipt of such letter and shall not be required to pay an
additional fee. If the reason for denial
is that the proposed division or consolidation is not eligible for
consideration as a Minor
Subdivision,
the Subdivider may submit an application for Major Subdivision approval at any time.
(4)
The Planning Director shall forward a signed, original Mylar
copy of the Minor
Subdivision
replat to the Register of Deeds for recording.
(5)
A copy of the signed original Mylar
shall be furnished to the Applicant.
(6)
Appeals of the Planning
Director’s decision on a Minor
Subdivision
shall be subject to Section 20-813(f)(1).
The Major
Subdivision procedures of this Section are intended
to provide a standardized review process for Preliminary and Final Plats. The Major Subdivision process
requires a two-step review process with final approval by the Planning
Commission and acceptance of any Dedications by the appropriate Governing Body.
The Major
Subdivision procedures of this section apply to all
Major Residential and Non-Residential Subdivisions that are not eligible for
review in conformance with the Certificate of Survey Administrative
review Procedures or the Minor Subdivision process. Residential Subdivisions are not permitted in
the unincorporated area of
(1)
The General Review and Approval
Procedures set forth in Section 20-802 shall apply to all applications under
this Section;
(2)
Applications under this Section
shall contain the materials required under Section20-811(j)(4).
Approval or
disapproval of Major Subdivisions shall be
based on the following criteria:
(1)
Each
(2)
Each Lot
resulting from the division will conform with the minimum
(3)
The proposed Major Subdivision and all Lots within it conform fully with the standards
set forth in Section20-810(a)(2);
(4)
The proposed Lots
and all other aspects of the proposed Major
Subdivision
conforms with the current Comprehensive
Plan of Lawrence and
(5)
The proposed Major Subdivision conforms with any adopted Major
Thoroughfares Plan
and provides for the logical continuation of any Street/Roads
shown thereon affecting the land included in the proposed Major Subdivision;
(6)
The proposed Major Subdivision
shall provide for a logical connection of streets between adjacent subdivisions
taking into consideration constraints from steep topography and other natural
features that may limit street connectivity
but allow for pedestrian connectivity, shall conform with adopted watershed/sub-basin plans, sector or neighborhood plans for street layout;
(7)
The proposed Major Subdivision conforms to the adopted master plans for the water and wastewater
systems and conforms to the overall drainage basin master plan; and
(8)
The Major Subdivision plat conforms to the
Kansas Minimum Standards for Boundary Surveys.
A Subdivider shall apply for Preliminary
Plat approval by submitting an application to the Planning Director.
(1)
The application shall contain the materials required by Section 20-812(a),
as well as any additional materials required as part of the application form
provided by the Planning Director.
(2)
Each application shall be accompanied by:
(i)
The applicable filing fee;
(ii)
A completed Major Subdivision application form;
(iii)
The required number of copies for a complete
submission of a Preliminary Plat,
containing all elements set forth in Section20-812(a); and,
(iv)
A drainage plan for Major Subdivisions if within
the City limits, or for Major Non-Residential Subdivisions that are located within
an Urban Growth Area.
(1)
The Planning Commission shall
conduct the review of the application at the meeting at which it is scheduled
by the Planning Director, unless the Subdivider shall request deferral to a
future meeting. The Planning Commission shall take final action on the Preliminary Plat at
a meeting occurring not later than 60 days after the date of receipt of a
complete application by the Planning Director the Planning Commission’s initial
receipt of the Preliminary Plat that the Planning Director has found to be a
complete application.
(2)
If the Planning Commission finds that the proposed
Major Subdivision conforms to all of the criteria set forth in Section
20-804(d), the Planning Commission shall approve the Preliminary Plat.
(3)
If the Planning Commission finds that the proposed
Major Subdivision fails in any way to conform to the standards set
forth in this paragraph, the Planning Commission
shall, by motion, deny approval to the proposed Preliminary Plat and shall
state in the motion the reason(s) for that denial.
(4)
The Planning Director shall give
written notice to the Subdivider of the action of the Planning Commission. If the Preliminary Plat has been disapproved,
or conditionally approved, the notice shall specifically state the ways in which
the Major
Subdivision or the Preliminary Plat fails to conform to these Subdivision
Regulations.
(5)
If the deficiency or other
reason for denial can be cured through action of the Applicant, the Applicant
may submit a revised application and Preliminary Plat within 60 days after
receipt of the written notice and shall not be required to pay a further
fee. In case of a resubmission, the
Planning Commission shall consider the resubmitted application at the next
meeting occurring at least 21 days after receipt of the complete resubmission
by the Subdivider.
(6) If the Planning Commission fails to act on the Preliminary Plat within 60 days of the date of their first meeting occurring after the receipt of a Preliminary Plat, determined to be a complete application by the Planning Director, the Subdivider may, by letter, apply to the Planning Director for a “Certificate of Deemed Approval”. If the Planning Director finds that a complete application was received at least 60 days before the date of the letter and that no action has been taken by the Planning Commission, the Planning Director shall issue a “Certificate of Deemed Approval” indicating that “this Preliminary Plat shall be deemed approved due to a failure of the Planning Commission to take timely action in accordance with K.S.A. 12-752(b).”
(1)
A Preliminary Plat may, at the option of the
applicant, contain a proposed schedule for submitting Final Plat applications
in phases. The Planning Commission may approve the proposed phasing plan if it finds that:
(i)
The area represented by each proposed phase is of
sufficient size to permit the economical installation of Public Improvements;
(ii)
All parts of the necessary public and private
improvements plans to serve the Major
Subdivision will be
provided concurrently with the phase which will first be served by those
improvements or part thereof, or with an earlier phase; and
(iii)
That the application for the last phase of the
Final Plat will be due no later than the end of the fifth year after approval
is given for the Preliminary Plat.
(1) Approval
of the Preliminary Plat by the Planning Commission shall constitute approval of
“the Plat” for purposes K.S.A. 12-752(b), subject only to the
following:
(i)
Submission of a Final Plat,
in the form and containing all of the information required by 20-812(b). The Final Plat shall be consistent with the Planning Commission’s approval of
the Preliminary
Plat, including satisfying any conditions imposed on that approval;
(ii)
Completion of Street/Roads,
roads and Public Improvements required by the terms of the approval of
the Preliminary Plat, or provision of satisfactory Guarantees
of Completion of Improvements, in accordance with 20-811(g)(8);
(iii)
Development of Building Envelopes
and drainage plans consistent with these Building
Envelopes; and
(iv)
Acceptance (or rejection) of
all proposed Dedications by the Governing Body.
(1)
A Preliminary Plat that has been approved by the Planning
Commission shall be submitted to
the Governing Body, as applicable, for its consideration of acceptance of the Dedication
of Street/Roads and other public ways, service, and
utility Easements and any land dedicated for public
purposes.
(2)
The Governing Body shall accept
or refuse the Dedication of land for public purposes within 30 days
after the first meeting of the Governing Body following the date of the Preliminary Plat’s submission to
the Clerk of the appropriate Governing Body.
The Governing Body may defer action for an additional 30 days
for the purpose of allowing for modifications to comply with the requirements
established by the Governing Body. No
additional review and
recording fees shall be assessed
during that period.
(3)
If the Governing Body defers or
refuses these Dedications, it shall advise the Planning Commission of the reasons thereof.
(4)
Failure of the Governing Body
of the city or of the county to accept affirmatively a Dedication
shown on the Preliminary Plat shall be deemed to be a refusal of the
proposed Dedication.
(5)
The respective Governing Bodies
maintain full legislative discretion to reject any proposed Dedication,
regardless of the approval of the Preliminary
Plat. If the Governing Body rejects part or all of
a proposed Dedication, the Subdivider may amend the Preliminary Plat and resubmit it for consideration by the Planning Commission without the rejected Dedication; if the Subdivider
takes no action within 60 days of the rejection of any proposed Dedication,
it shall constitute failure of a material condition of the approval of the Preliminary Plat and the Preliminary Plat shall be deemed to have been rejected.
(1)
Approval of a Preliminary
Plat by the Planning
Commission shall expire on the later of
the following:
(i)
Eighteen months from
the date approval was granted, unless a complete application for Final Plat is
submitted by that approval date; or
(ii)
Any application due date as
shown on an approved phasing schedule, unless a complete application for Final
Plat is submitted by that due date.
(2) Upon
application by the Subdivider,
the Planning Commission
may, if the cause of failure of the Subdivider to submit a Final Plat is beyond
the Subdivider’s control, grant an extension of the time beyond this period,
for a period not to exceed one additional
year.
(3) If
a Preliminary Plat expires under this sub-section after one or more Final Plats
for a phased subdivision have been approved, then only that portion of the
Preliminary Plat that relates to the phases with respect to which no Final Plat
has been approved shall expire. If a Final Plat has not been submitted, approved, and filed within this 18-month
period, or within an extension period, a Preliminary
Plat must be resubmitted to the Planning
Commission, reviewed and considered by
the Planning Commission in accordance with the procedures set forth herein.
The Subdivider may initiate review of
the Final Plat at any time after approval of
the Preliminary Plat by the Planning Commission, including satisfaction of
all conditions of Preliminary Plat approval. The
Final Plat shall be processed in accordance with the provisions of Section20-809(l):
(1)
The Final Plat shall be submitted with an
application form provided by the Planning Director. The application shall contain all of the
materials required by Section20-812(b), as well as any additional materials
required by the application form provided by the Planning Director.
(2)
The Final Plat application shall be accompanied by
all required fees, including the fees necessary for recording the Final Plat;
and
(3)
The Final Plat shall be in the format and contain
the information required by Section20-812(b), except that the Subdivider, at
the Subdivider’s discretion, may delay submission of the recording and
electronic copies of the Final Plat until final action on the Final Plat by the
Planning Director and, if applicable, by the Governing Body.
(1)
After approval or approval with
conditions of a Preliminary
Plat by the Planning Commission, the Subdivider shall have prepared for recording a Final Plat,
which is consistent with the action of the Planning Commission
and with the formatting and content requirements of Section 20-812(b). The Planning
Director shall review the Final Plat for
incorporation of the Planning Commission’s recommendations and comments and to
insure that the Final Plat is in the required format.
(2)
If the Planning Director finds that the submitted Final Plat conforms with the content requirements of Section
20-812(b) and is consistent with the Preliminary
Plat approved by the Planning Commission, including satisfying any conditions incorporated in that approval,
the Planning Director shall approve the Plat
and attach to it a formal certification that the submitted Final Plat:
(3)
If the Planning Director finds that the submitted Final Plat is deficient as to format or content or
otherwise technically deficient, the Planning Director shall notify the Subdivider
of the deficiency (ies) within 5 working
days.
(4)
If the Planning Director finds that the submitted Final Plat does not substantially comply with the
approved Preliminary Plat, including any conditions incorporated in
such approval, and with the Dedications shown on the Preliminary Plat and
accepted by the appropriate Governing Body, the Planning Director shall place the Final Plat on the agenda of the next Planning Commission meeting for further consideration in accordance with the Preliminary
Plat review and action provisions of Section 20-804(e)(2).
(5)
The Planning Commission approval of the Preliminary Plat combined with the Planning Director’s approval as to form and consistency with the approved Preliminary Plat shall constitute Planning
Commission approval
of the Final Plat. No
further action by the Planning Commission shall be necessary or required.
If the Planning Director has approved and certified the
Final Plat in accordance with Section20-809(l), the Planning Director within 5 working
days of receipt of the recordable copies of the Final Plat, shall submit the
Final Plat to the Chair of the Planning Commission and to the Mayor or
Chairperson of the Board of County Commissioners, as applicable, for
signatures. Each of these persons shall,
if he or she accepts the certification of the Planning Director, sign the Final
Plat, including the “Acceptance of Dedications” certificate; if any of these
persons refuse to sign the Final Plat, he or she shall refer the Final Plat to
the Planning Commission for consideration at its next meeting in accordance
with the requirements of Section 20-809(e), together with a memorandum
explaining the reasons why such person refused to sign it.
(1)
After all signatures have been
obtained, the Planning
Director shall forward the
recordable copy of the Final Plat to the Register of Deeds for
recording. The recorded version of the Plat
shall bear the endorsements herein provided (see Section 20-812(b)(2))
including the endorsement by the Governing Body accepting the Dedications.
(2)
Upon approval and acceptance of
all Final Plats that create new Street/Roads,
if a Major Non-Residential Subdivision in the Unincorporated Area of Douglas County, Kansas, detailed Street/Road plans
shall be submitted to the County Engineer and,
if the Major Subdivision is in the City, detailed Street/Road plans shall be submitted to the City Engineer for approval
prior to filing of the Plat,
and these plans shall include the following:
(i)
Plan, profile, ditch grades,
and cross-sections of all Street/Roads, Alleys and other public ways; and,
(ii)
Drainage areas and size and
length of cross-road drainage Structures.
(3)
Prior to the Final Plat being
recorded with the Register of Deeds, a digital version of the Plat
shall be submitted to the Planning
Director in a format approved by
the Director of Planning. The digital
file shall be registered to the State Plane Coordinate Grid System used by the
city and county. Any Final Plat not submitted in a digital format will be
converted by the City or County, and the cost for conversion will be paid by
the Applicant before the Plat can be recorded at the Register of Deeds.
(4)
Errors found in closure shall
be corrected prior to filing the Final Plat.
(5)
Approval of a Final Plat by
the Planning Commission and acceptance of Dedications
by the appropriate Governing Body shall be effective for no more than 18 months from
the date of acceptance unless all conditions of approval have been completed.
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
(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.
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.
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
(5)
Joint use access points may be approved within
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
(iv)
Need for convenient access,
circulation, and control of Street traffic for safety.
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.
[Reserved]
A residential Block shall have
sufficient width to allow for two tiers of Lots
of appropriate depth unless it adjoins a limited-access Street,
Blocks may be irregular
in shape, provided their design meets the requirements of
(i)
Local
Streets within the City of
(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.
(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.
(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
(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.
All platted Subdivisions
lying within the City of
|
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 |
||
|
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
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 |
||
|
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
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
The minimum radius
of curvature of the centerline of Arterial and
|
Design Speed ( |
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 |
(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
(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.
(i)
Private Roads are prohibited in the Unincorporated Area of Douglas County, except for those that were approved prior to
(ii)
New Private Streets in the City are permitted
only in Planned Developments approved by the Planning Commission and City
Commission.
(iii)
Before
(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.
(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)
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.
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.
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
(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
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 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).
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
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.
(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 20-1101(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 20-1101(c)(4) may limit the achievable density of
developments containing archaeological and historic sites.
(1)
Residential Developments and non-residential
Subdivisions in the unincorporated area of the County shall be designed in a
way that protects and conserves the natural resources and environmentally
sensitive areas through the filing of a Temporary Set Aside Agreement or the
filing of a permanent Conservation Easement, with the Register of Deeds. These natural areas and environmentally
sensitive areas shall 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
archaeological and historical sites through the filing of a Temporary Set Aside
Agreement or the filing of a permanent Conservation
Easement, with the Register of Deeds..
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
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.
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
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.
Subdivision
Streets located within the incorporated city limits shall be constructed to
comply with standards adopted by the City of
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.
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
Wherever
a proposed Subdivision contains or is adjacent to a limited access Street; an
(i)
Dedication of a
(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.
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 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.
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).
(1)
On-Site Sewage Management Systems are prohibited on any land which is platted under these
regulations or is located in the City of
(2)
On-Site Sewage Management Systems may be permitted in Subdivisions in Service Areas
2-4 of
(i)
For Lots that use well water as the primary
Potable Water source, the minimum
(ii)
For all other Lots, the minimum
(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
(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.
(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 Lawrence-Douglas
County Health Department and the Lawrence-Douglas County Metropolitan Planning
Department that Publicly Treated Water, delivered through a water meter is
available to and will be provided for all Lots or Residential Development
Parcels.
(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.
Telephone, cable television and electrical lines must be located
underground when located in the City of
All Subdivisions within
the City of
Street trees shall consist of canopy shade and/or
ornamental trees, as defined below and meeting the following minimum
requirements:
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 |
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.
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
|
Number of Trees
per Plat |
Minimum Number of
Species |
|
1–10 |
1 |
|
11–20 |
2 |
|
21–30 |
3 |
|
31–40 |
4 |
|
41+ |
6 |
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.
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]
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.
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.
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.
(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.
(i)
Each Final Plat filed on and after
(ii)
For Final Plats filed before
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.
(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
(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
(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
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.
(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.
(i)
Pins for all corners of the Subdivision and for
all
(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
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
(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;
(iv)
The appropriate Governing Body may approve the
Final Plat subject to the condition that it not be recorded until the City
Engineer or
(v)
The appropriate Governing Body may, at its
discretion, determine which of such methods for ensuring completion of required
Public Improvements shall be required.
(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
(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.
(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
(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
(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.
The Preliminary Plat shall be drawn to a scale where all features
presented are readable.
The Preliminary Plat shall:
(i)
State the name of the proposed Subdivision;
(iii)
Show date of preparation, north arrow and
graphic scale;
(iv)
Identify the Plat as a Preliminary Plat;
(vi)
Include location, description and elevation of
all benchmarks established or source used for vertical control. There must be at least one established vertical
control point as the basis for the topographic survey included with the
application;
(viii)
Show topography (contour interval not greater
than 2 (feet) of the site. Topography shall be consistent with City of
(ix)
Show on the face of the Plat or on a separate
sheet, a general location of the proposed Subdivision. The general location map shall be drawn to an
appropriate scale and shall show the relationship of the proposed Subdivision
to the following:
a.
The
nearest Intersection of public Streets;
b.
If
not in the City, any state highway located within one-half mile of the
property;
c.
If
in the City, any public school or park located within one-quarter mile of the
property. If in the County, any public
school located within one mile of the property;
d.
If
in the Urban Growth Area, the nearest City Limits, and the nearest boundary of
the Urban Growth Area;
e.
The
zoning of the property and any other Zoning Districts located within
one-quarter mile (if in the City or within the Urban Growth Area) or within
one-half mile (if in the Rural Area).
The Preliminary Plat shall also show the following existing
conditions:
(i)
Location of any area designated as Floodplain
or Regulatory Floodplain, location and direction of the flow of existing water
courses; and the surface elevation of the Regulatory Flood.
(ii)
Location of any area zoned “Floodplain”,
location and direction of flow of all water courses; and Base Flood Elevation
at water course entrances to and exits from the proposed Subdivision;
(iii)
Location of section lines, private or public Streets,
Alleys, Easements, and city boundaries within and immediately adjacent to the
proposed Subdivision;
(iv)
Location of natural features such as rock
outcroppings, unique topographic features, lakes, individually significant
mature trees, and insofar as can reasonably be shown, natural features to be
removed;
(v)
Boundaries of significant stands of mature
trees, Jurisdictional Wetlands, historic sites and Archaeological Sites on the
property proposed for subdivision;
(vi)
Existing use of the property, including the
location of all existing buildings, indicating those that will be removed and
those that will remain on the property after the Final Plat is recorded;
(vii)
Horizontal location and vertical elevation (if
available) of existing sanitary sewers, storm water sewers, and culverts within
and adjacent to the proposed Subdivision, and the location of existing water
mains, underground wiring, pipelines, and gas lines;
(viii)
Zoning of all land within and adjacent to the
tract;
(ix)
Location, description and elevation of all
bench marks established or source used for vertical control;
(x)
Types of soil, with the soil types generally
indicated on the Preliminary Plat or a supplemental sheet; and,
(xi)
For a Subdivision that will rely on the use of On-Site Sewage Management Systems, a summary of available information on the subsurface
Water Table, including the depth of the Water Table at the highest, lowest and
typical locations within the Subdivision.
The Preliminary Plat shall further show the following:
(i)
Proposed Streets (including location, width,
names, approximate grades), and their relation to Platted Streets or to
proposed Streets as shown on any Watershed/Sub-basin Plan, sector or Neighborhood Plan of adjacent
property.
(ii)
Easements, showing width and general purpose;
(iii)
Blocks and Lots, showing approximate dimensions
and proposed Block and
(iv)
Sites designated for other than single-family
use by the adopted comprehensive or appropriately adopted Watershed/Sub-basin
Plan, Sector or Neighborhood Plan. (Such
plan shall be referenced on the face of the Plat);
(v)
Sites proposed for Dedication as drainageway,
park, school, or other public purposes;
(vi)
Sites proposed by the Applicant for land uses
not in conformance with adopted comprehensive or neighborhood plans accompanied
by a note on the face of the Plat stating that approval of the Preliminary Plat
does not certify approval of these proposed land uses.
(vii)
If requested by Planning Staff, the Building Envelope
for proposed Lots.
The following supplementary data and information shall be
submitted with the Preliminary Plat or be included thereon:
(i)
A table, shown on the face of the Plat,
including this data:
a.
Gross
acreage of the Subdivision;
b.
Acreage
within each Zoning District;
c.
Acreage
to be dedicated for Streets or roads, if any;
d.
Acreage
to be dedicated for public uses other than roads, if any;
e.
Total
number of building Lots;
f.
Maximum,
minimum, and average
g.
Phasing
schedule if proposing phasing of final platting.
(ii)
A statement on the face of the Plat, stating
the method to be used for financing Public Improvements in the Subdivision and
providing references to statutes, covenants or other sources for further
information on the details of such financing.
Such statement shall contain a heading in at least 24-point type saying
“Provision and Financing of Roads, Sewer, Water and Other Public
Services.” The rest of the statement
shall be set out in at least 12-point type.
At a minimum such statement shall indicate:
a.
Whether
the Subdivision will have public Streets and roads, Private Streets and roads
or a combination thereof;
b.
Whether
the Subdivision will provide connections to a Public Water source (naming the
source);
c.
Whether
the Subdivision will provide connections to a public system for wastewater
treatment (naming the system) or will rely on On-Site
Sewage Management Systems or other on-site wastewater treatment
systems;
d.
Whether
purchasers of Lots in the Subdivision will be subject to special assessments or
other costs or fees specific to the Subdivision to pay for the capital costs of
Streets, roads, water lines and treatment, and/or wastewater lines and
treatment; and
e.
Whether
the provision of improved roads, water service and/or wastewater service will
depend in any way on a vote, petition or other collective action of property
Owners in the Subdivision.
(iii)
A separate narrative, explaining in detail the
general nature and type of Public Improvements proposed for the Subdivision,
and the manner by which the Subdivider intends to provide for their
installation, as for example, by Public Improvement Petition, actual
construction, escrow deposit, or performance bond. If other than by Public
Improvement Petition, the approximate time for completion of such Improvements
should be indicated.
The
Preliminary Plat shall contain data, information and supplemental maps of
surrounding property in sufficient detail regarding storm water drainage
issues, as determined by the Staff of the Planning Department or the Planning
Commission. The Staff of the Planning
Department or the Planning Commission may request additional data, information
and supplemental maps from the Applicant regarding storm water drainage, as
appropriate.
On
lots adjacent to all Drainage Easements and on drainageways that are designated
by the Director of Public Works or his or her designee the Preliminary Plat and
Final Plat shall indicate the required minimum habitable floor elevations for
Structures on Lots; or, the minimum elevation for a foundation opening(s) which
shall be certified by a licensed land Surveyor or Engineer. [If a Basement is
built on a
The Final Plat shall be prepared by a licensed Land
Surveyor with black ink on permanent reproducible material meeting the current
standards provided by the Register of Deeds.
All drawings and signatures of certification shall be in waterproof
ink. The overall sheet size shall be 24
inches by 36 inches. The scale shall be
one inch equals 100 feet or less.
The
Final Plat shall show:
(i)
Name under which the Subdivision is to be
recorded;
(ii)
Descriptive information, which shall:
a.
State
the name of the proposed Subdivision;
b.
Show
date of preparation, north arrow and graphic scale;
c.
Give
a legal description of the proposed Subdivision complete with section,
township, range, principal meridian, county, and acreage. Show the location of
the nearest section and/or quarter-section corner on the Plat, with a
description tying it to the point of beginning for the Subdivision. A replat shall not be required to be
referenced to a section and/or quarter-section corner, provided the original
Plat for the subject replat is tied to at least one of these corner monuments;
d.
Show
names of adjoining Subdivisions or, in the case of unplatted land, the names of
the Owner or Owners of adjoining property;
e.
Easements,
showing width and general purpose;
f.
Sites
proposed for Dedication as drainageway, park, school, or other public purposes;
(iii)
In addition, the following information is
required which is similarly required on the Preliminary Plat:
a.
Location
of any area zoned Floodplain or within a Floodplain Overlay District zoning
district;
b.
Boundaries
of significant stands of mature trees, Jurisdictional Wetlands, historic sites
and Archaeological Sites on the property proposed for subdivision;
c.
Proposed
Streets (including location and proposed names), and their relation to Platted Streets
or to proposed Streets as shown on any adopted general Development plan of
adjacent property; and,
d.
Block
and
(iv)
Accurate dimensions for all lines, angles, and
curves used to describe boundaries, Streets.
Easements and areas to be reserved for public use. Data for all curves shall include radius, arc
length, chord length, and central angle;
(v)
For land located in a Floodplain, as defined
and regulated under Chapter 20, Article 12 of the City Code and the comparable
provisions adopted by resolution in
a.
The
total area of each
b.
The
Minimum Building Elevation and Minimum Elevation of Building Opening, as
determined from Chapter 20, Article 12or the applicable
(vi)
For any Lot including or adjacent to a lot
including sensitive lands (see Section 20-1101(c)(iii)), designation of a Building Envelope
within which a building may be built after compliance with all applicable
setback, floodplain and sensitive land standards;
(vii)
The dated signature and seal of the licensed Land
Surveyor responsible for the survey and the
Final Plat shall contain a note stating: “This survey conforms to the Kansas
Minimum Standards for Boundary Surveys”;
(viii)
Acknowledged certifications on the face of the
Plat as listed below (may be combined where appropriate):
a.
A
certificate signed by all parties having any record, title or interest of
record in the land subdivided, showing their consent to the preparation and
recording of the Plat;
b.
A
certificate, signed by the Owner or Owners, dedicating all parcels of land
which are intended for public use;
(ix)
The endorsement of the Planning Commission as
evidenced by the signature of its Chairperson;
(x)
Acceptance of Dedication by the appropriate
Governing Body, as indicated by the signature of the Chairperson of the Board
of County Commissioners, the Mayor or another Person authorized to sign on
behalf of either;
(xi)
As a separate document, a certificate that all
taxes and special assessments due and payable have been paid. In the case of unpaid special assessments, a
proposed redistribution of such unpaid special assessments which meets the county
or city’s requirements and is acceptable to the County or City Clerk and County or City’s Public
Works Director.
(xii)
A note shall be placed on the Final Plat
indicating that additional information concerning drainage and structural
elevations are placed on the Preliminary Plat, if such requirement has been
placed on the Preliminary Plat.
(xiii)
A line shall be provided on the plat for the
review date and signature of the
The Planning Department shall have the following powers and
duties under this Article:
(1)
Maintain permanent and current records with
respect to these regulations, including amendments thereto;
(2)
Receive all pre-applications together with
other necessary information;
(3)
Distribute copies of applications and other
necessary information to other appropriate governmental agencies and
departments for their review and recommendations;
(4)
Review applications of Subdivision for
compliance with these regulations;
(5)
Present reports and recommendations to the
Planning Commission;
(6)
File approved Final Plats with the Register of
Deeds;
(7)
Make such other determinations and decisions as
may be required by these regulations or by the Planning Commission.
The Planning Commission shall have the following powers and
duties under this Article:
(1)
Review
and approve, conditionally approve, or disapprove Preliminary Plats,
and unless disapproved, transmit the
same to the Lawrence City Commission for acceptance of Dedication of Rights-of-way,
and easements;
(2)
Grant or deny variances to the design standards
of this Article as per Section 20-813(f);
(3)
Make such other determinations and decisions as
may from time to time be required by these regulations, or by applicable state
law.
The applicable Governing Bodies shall be responsible for
accepting the Dedication of public Streets, easements.
No
building permit shall be issued for any building or Structure in the Unincorporated
Area of the County unless the Douglas County Zoning & Codes
Director finds that the proposed building or structure will be located:
(1)
The proposed building or
structure shall be located:
(i)
On a lot shown on an approved
and recorded Final Plat for a Subdivision or on a Residential Development Parcel shown on an approved and
recorded Certificate
of Survey;
(ii)
On a platted lot or land
division in existence on the effective date of these regulations that
has a vested right under these requirements pursuant to Section 20-801(e)(2);
(iii)
On a platted lot or land
division, created through a valid Exemption to these regulations or to the
Subdivision Regulations that were in effect at the time when the Lot or land division
was created or pursuant to an approved Certificate of
Survey;
or
(iv)
On
a Land Combination, created pursuant to Section 20-801(f).
(2)
A building permit may be issued for improvement
of an existing residential building in the unincorporated area of the County if
the Douglas County Zoning & Codes
Director finds that the existing residential
building:
(ii)
Is
located on a land parcel of sufficient size to meet the County’s
Sanitary Code requirements.
(3)
All Public
Improvements required as a
condition of approval of the Plat on which the Lot is shown have been completed
or the Subdivider has provided security for the completion of such
Improvements, in accordance with Section20-811(h)(2);
(4)
A certification, signed by a licensed Land Surveyor, has been
presented as proof of pinning for each of the Lots for which
building permits are requested; and,
(5)
There
has been compliance with any conditions of Plat
approval.
No building permit shall be issued for
any building or Structure in the City of
(1)
All Public Improvements required as a condition
of approval of the Plat on which the Lot is shown have been completed or the
Subdivider has provided security for the completion of such Improvements, in
accordance with Section 20-811(h)(2);
(2)
A certification, signed by a licensed Land
Surveyor, has been presented as proof of pinning for each of the Lots for which
building permits are requested; and
(3)
There has been compliance with:
(i)
All applicable Design Standards and Public
Improvement requirements of this Article;
(ii)
All applicable Review and Approval Procedures
of Section 20-802; and
(iii)
Any conditions of Plat approval.
Unless
otherwise provided, a Person aggrieved by a
decision of the Planning Director under these Subdivision Regulations may appeal the decision to
the Lawrence Board of Zoning Appeals in accordance with Section 20-1311 of the
City Code. Such appeal shall be filed
within 30 days of the date of the letter, memo, staff report or other written
representation of the decision of the Planning Director which was reasonably
available to the Person aggrieved. An
appeal not timely filed is barred.
Unless otherwise provided, a Person aggrieved by
a decision of the Douglas County
Zoning & Codes Director under these Subdivision Regulations
may appeal the decision to the Douglas County Board of Zoning Appeals in
accordance with Section 23-2 of the Douglas County Zoning Regulations. Such appeal shall be filed within 30 days of
the date of the letter, memo, staff report or other written representation of
the decision of the Planning Director which was reasonably available to the
Person aggrieved. An appeal not timely
filed is barred.
A
Person aggrieved by a decision of the Planning Commission under these Subdivision Regulations may appeal the decision to
the City Commission (in case of a matter involving land in the City) or to the
Board of County Commissioners (in case of a matter involving land in an
unincorporated part of the County). Such
appeal shall be filed within 30 days
of the date of the meeting of the Planning Commission at which the action appealed
from was taken. An appeal not timely
filed is barred.
A
Person aggrieved by a decision of the Board of
County Commissioners or the City Commission under these Subdivision Regulations may pursue any available cause of action
in a court of competent jurisdiction, subject to the rules of civil procedure
then in effect and subject to any limitations imposed by Kansas law.
In cases where there is hardship in carrying out the literal provisions
of the design standards of these regulations (such as design standards for lot
width, lot depth, block depth, etc.), the Planning Commission may grant a
variance from such provisions, except that in cases where there is hardship in
carrying out the literal provisions found in Section 20-811(d) (wastewater
disposal systems) the appropriate Governing Body may grant a variance from such
provisions.
(1)
An application for a variance
shall be made to the Planning Department.
The planning commission shall give the applicant and any other
interested persons an opportunity to be heard with respect to the proposed
application for a variance from the provisions of the regulations, except that
the Governing Body shall give the applicant and any other interested persons an
opportunity to be heard with respect to the proposed application for a variance
from the provisions dealing with Sidewalks, Pedestrian Rights-of-Way or
pedestrian ways.
(2)
A variance shall not be granted
unless all of the following apply:
(i)
Strict application of these
regulations will create an unnecessary hardship
upon the Subdivider;
(ii)
The proposed variance is in
harmony with the intended purpose of these regulations; and,
(iii)
The public health, safety and
welfare will be protected.
When a plat is presented which includes land for which a Planned
Development plan has been approved, the Planning Commission may vary the design
standards in these regulations as necessary to conform to such finally approved
Planned Development plan.
It shall be the duty of the Douglas County Zoning & Codes Director, the City Codes
Enforcement Manager, and the Planning Director to
enforce the Subdivision Regulations of this
Article.
The following shall constitute violations of these Subdivision Regulations:
(1)
To submit for recording, any Subdivision Plat, land division or other Development plan that has not been approved in
accordance with the procedures of these Subdivision Regulations or that does
not qualify for an exemption under these Subdivision
Regulations;
(2)
To engage in the construction
of a building or Development or division of land, requiring one or more
approvals under these Subdivision
Regulations
without obtaining all such required approvals;
(3)
To engage in the construction
of a building or Development or division of land, requiring one or more
approvals under these Subdivision
Regulations
in any way inconsistent with any such approval or any conditions imposed
thereon;
(4)
To violate the terms of any
approval granted under these Subdivision
Regulations
or any condition imposed on such approval;
(5)
To violate any lawful order issued by any Person
or entity under these Subdivision
Regulations.
The
following penalties and remedies shall be available to the City and County in
enforcing these Subdivision Regulations:
(1)
The City or County may seek an
injunction or other equitable relief in the District Court
to stop any violation of these Subdivision
Regulations or
of a permit, certificate or other form of authorization granted hereunder.
(2)
The City or County may seek a Court
order from the District Court in the nature of mandamus, abatement or
other action or proceeding to abate or remove a violation or to restore otherwise
the premises in question to the condition in which they existed prior to the
violation.
(3)
The City or County may seek
such criminal or civil penalties as are provided by
(4)
The City’s Codes Enforcement Manager or the Douglas County
Zoning & Codes Director
may deny or withhold all permits, certificates or other forms of authorization
on any land, or Structure or Improvements thereon:
(i)
Which has been divided or
subdivided other than in accordance with the requirements of these Subdivision Regulations; or
(ii)
On which there is an
uncorrected violation of these Subdivision Regulations.
(5)
Any permit or other form of
authorization required under these Subdivision Regulations may be revoked by
the City’s Codes
Enforcement Manager, the Douglas County
Zoning & Codes Director, the Planning
Director, or by any City or County official with authority to issue such permit
when the official determines:
(i)
That there is departure from
the plans, specifications, or conditions as required under terms of the Subdivision
approval;
(ii)
That the Subdivision
approval was procured by false representation or was issued by mistake; or
(iii)
That any of the provisions of
these Subdivision Regulations are being violated.
(6)
Written notice of revocation
shall be served upon the Owner, the Owner’s Agent
or contractor, or upon any Person employed on the Building or Structure
for which such permit was issued, or shall be posted in a prominent location,
and thereafter construction shall stop.
(7)
Whenever a Building
or part thereof is being constructed, reconstructed, altered or repaired in
violation of these Subdivision Regulations, the City’s Codes Enforcement Manager or the Douglas County Zoning & Codes Director may
order the work to be immediately stopped.
(i)
The stop‑work order shall
be in writing and directed to the Person doing the work. The stop‑work order shall state the
specific work to be stopped, the specific reasons for the stoppage, and the
conditions under which the work may be resumed.
(ii)
Violation of a stop‑work
order constitutes a misdemeanor.
(8)
Where a violation of these Subdivision Regulations involves a failure to comply with approved plans, or conditions to
which the approval of such plans was made subject, the Planning Commission may, upon notice to the Applicant and other known parties in interest
(including any holders of Building Permits affected), revoke
the plan or other approval or condition its continuance on strict compliance
with these Subdivision
Regulations,
the provision of financial security to ensure that construction is completed in
compliance with approved plans, or such other conditions as the city may
reasonably impose. Any required
financial security shall be in a form approved by the City or County, as
applicable.
(1)
Purpose
As part
of the Comprehensive Plan, the City and County have identified major entrances
or gateways to the City and the Urban Growth Area around it. To enhance the appearance of those gateways,
it is the intent of the City and the County to create a greenway effect along
the major corridors through those gateways.
(2)
Building and parking Setback Lines
are hereby established on certain major Streets or highways as follows:
(i)
(1)
In
the event that a governmental taking or acquisition for right-of-way, easement
or other governmental use would reduce a setback that previously complied with
this Section, that reduction in setback shall not be deemed to constitute a
violation of this Section.
(2)
Any
non-conforming residential building or Structure
located within the 50 foot building and parking setback, which is damaged by
fire, Flood, explosion, wind, earthquake, war,
riot, or other calamity or Act of God, may be restored or reconstructed
provided; said restoration or reconstruction occurs on the original
foundation. The building or Structure
may not be rebuilt to a greater density or intensity than existed before the damage.
Not withstanding Section 20-813, any
appeal of the building and parking setback line established for major streets
or highways shall be to the Board of Zoning Appeals of the applicable jurisdiction,
provided that no appeal shall be required in the instance of the reduction in a
setback resulting from a governmental taking or acquisition for right-of-way,
easement, or other governmental use, as provided in Section 20-814(b) (1). The Board of Zoning Appeals shall have the
power to modify or vary the building and parking setback line in specific cases
in order that unwarranted hardship, which constitutes a complete deprivation of
use as distinguished from merely granting a privilege, may be avoided. In the
absence of such a hardship, the intended purpose of the building and parking
setback line shall be strictly observed.
No building or occupancy permit shall
be issued for any new building within the plat approval jurisdiction of the City
of
The provisions of this section shall not be interpreted to
deprive the owner of any existing property or of its use or maintenance for the
purpose to which such property is then lawfully devoted.
(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.
(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 |
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 |
|
|
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 801(a)(2) and
with the Zoning District regulations that apply to the subject property. |
|
|
Boundary Road) |
|
|
|
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 |
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 any
Dwelling shall be deemed to be the parcel
or division on which the Dwelling is located. |
|
|
Building Envelope |
The buildable area of a defined
by the minimum required setbacks of the applicable Zoning Regulations
and excluding lands identified in Section 20-810(j). |
|
|
Catch Basin |
An inlet designed to intercept and redirect
surface waters. |
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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. |
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Channel |
A watercourse with a definite bed and banks
which confine and conduct the normal
continuous or intermittent flow of water. |
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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. |
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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.,
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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. |
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Cluster Subdivision |
A form of Development for single-family
detached dwelling residential Subdivisions that
permits a reduction in 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. |
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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. |
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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. |
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Conservation Easement |
See “Easement,
Conservation” |
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County’s Access Management Standards |
Access
and minimum frontage standards in the Douglas County Code, Chapter
IX, Article 5. |
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The person designated by the Commissioners as
the designated, then
this term shall refer to the head of the 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. |
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County’s Rock Road Standard |
Standards as delineated in Chapter IX, Section 203 of the Douglas |
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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., |
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Cross Access Easement |
See “Easement, Cross Access” |
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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. |
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Cul-de-sac |
turn-around at
the other end. This is a sub-category
of Streets with a single outlet. |
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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. |
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Curb Cut |
The opening along the curb line at which
point vehicles may enter or leave a Roadway. |
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Curb Return |
The connecting link between the Street curb
and the ramp (Driveway) curb. |
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Datum, City |
A reference point from which heights or
depths are calculated within the City of NGVD elevation. |
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Deceleration Lane |
An added Roadway lane that permits cars to
slow down and leave the main vehicle
stream. |
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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. |
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Design Standards, Subdivision |
All requirements and regulations relating to
design and layout of Subdivisions
contained in Section 20-810. |
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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. |
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Developer |
The legal or beneficial Owner or Owners of a
be subdivided
including the holder of an option or contract to purchase, or other Person
having enforceable proprietary interests in the land. |
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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. |
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Double Frontage |
A Lot with two opposite Lot Lines Abutting
upon Streets which are substantially
parallel. |
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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. |
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Drainage System |
Pipe, Waterways natural features and
man-made Improvements designed to carry
drainage. |
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Drive |
A
private roadway providing access for vehicles to a parking space, garage,
dwelling or other structure. Also
referred to as a driveway. |
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Driveway |
A privately owned means of providing direct
vehicle access to Streets. |
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Driveway Apron or Driveway Approach |
A paved area between the sidewalk and the
street curb used by the property owner for
vehicular access. |
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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. |
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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. |
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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. |
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Easement, Avigational |
An air rights Easement which protects air
lanes around airports. |
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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. |
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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. |
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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. |
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Easement, Private |
A right-of-way granted for limited use of
land for a private purpose. |
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Effective Date |
06-41
took effect. |
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Egress |
An exit. |
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“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). |
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Encroachment |
Any obstruction in a delineated Floodway,
right-of-way, Easement, building setback
or adjacent land. |
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Encumber |
To place a legal claim or restriction upon a
tract or parcel of land. |
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Engineer |
A professional Engineer licensed by the
State of practice in the
State of |
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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. |
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Existing Construction |
Structures for which the “start of construction” commenced
before the effective date of
the also be referred to as “existing structures”. |
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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. |
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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. |
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Fire Hydrant |
An outdoor water
supply outlet with wrench-actuated value and a connection for a
fire hose. |
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Flag |
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. minimum lot or
Residential Development Parcel width
of less than 90% of the minimum lot or
Residential Development Parcel’s required frontage at the road right-of-way or road
easement line. |
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"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). |
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Flood Insurance Rate Map ( |
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. |
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Flood Insurance Study (FIS) |
An examination, evaluation and determination
of flood hazards and, if appropriate,
corresponding water surface elevations. |
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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. |
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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. |
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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. |
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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. |
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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. |
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"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. |
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Floodway Encroachment Lines |
The lines marking the limits of floodways on
Federal, State and local floodplain maps. |
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Floodway Fringe |
The area outside the floodway encroachment
lines, but still subject to inundation by the
regulatory flood. |
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Force |
A sanitary sewer line through which waste
water is pumped rather than carried by
gravity flow. |
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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. |
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Frontage Road |
A “Street, Marginal Access. located in front
of the properties that it abuts. |
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Frontage |
The boundary of a Street
or a Road. |
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Full |
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. |
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Governing Body |
The respective City Commission or City
Council within the incorporated limits of the City of the Board of |
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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. |
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Groundwater |
Any subsurface water in the zone of
saturation, including but not limited to spring water,
perched Water Tables, seasonal Water Tables and aquifers. |
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Half-Street |
which the
Subdivider has allocated only a portion of the required Street Width. |
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Hard Surfaced Road |
A properly constructed and maintained road surface with asphaltic
concrete, Portland cement concrete or with chip sealed aggregate base. |
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Highest Adjacent Grade |
The highest natural elevation of the ground
surface prior to construction next
to the proposed walls of a structure. |
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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. |
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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. |
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Hydrologic and Hydraulic Study |
An engineering study that is done in
accordance with the Development Code 20-1204
(c). |
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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). |
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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. |
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Ingress |
An entrance. |
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Intersection |
Where two or more Streets cross at-grade. |
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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. |
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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. |
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Land Surveyor |
One who is licensed by the State of qualified to make
accurate field measurements and to mark, describe, and define land
boundaries. |
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|
A
designated parcel or area of land established by Plat or Subdivision to be
used, transferred, developed or built upon as a unit. |
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The distance between the midpoint of the
front Lot Line and the mid-point
of the rear Lot Line. |
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Development Parcel Line” |
The perimeter of a |
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Residential Development Parcel Width” |
The distance between the side Lot Lines of a
Residential
Development Parcel at the required front Setback Line. |
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Residential Development Parcel Frontage” |
That portion of the between
the side Lot Lines and is adjacent to the Street or Road serving
the |
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A legally created or subdivision. |
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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. |
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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. |
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Market Value |
An estimate of what is fair, economic, just
and equitable value under normal local
market conditions. |
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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 ( |
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Metes And Bounds |
A method of describing the boundaries of
land by directions and distances from a
known point of reference. |
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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. |
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Minor Subdivision |
See “Subdivision, Minor” |
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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.”
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Mobile Home Subdivision or Park |
A parcel (or contiguous parcels) of land
divided into two or more mobile home lots for
rent or sale. |
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Minimum Elevation for Building |
The finished floor elevation of the lowest
floor. |
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Neighborhood Development Plan |
See “Sector Plan” |
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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 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. |
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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. |
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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 provide
for the system’s operation, determining that the soil has an acceptable
Percolation rate and ensuring separation of the system from Groundwater. |
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On-Site |
Located within the perimeter of the property
that is subject to an application
for Subdivision or a Residential Development Parcel approval. |
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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. |
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Original Townsite Area |
The original Townsite of the City of Townsite
Map” available for public inspection from the Planning Director. |
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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. |
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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. |
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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. |
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Package Plant |
A prefabricated or pre-built wastewater
treatment plant. |
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Parcel |
A contiguous area of land under the same
ownership. This is an inclusive
term that includes other
terms. Unlike “ Development
Parcel” does not mean a division of land created through a plat
or Subdivision process. |
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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 Growth Areas, to
an individual. |
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Parkway |
direction. |
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Participating Community |
Also known as an "eligible
community," means a community in which the Administrator
has authorized the sale of flood insurance.
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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. |
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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. |
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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. |
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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. |
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Percolation |
Downward flow or infiltration of water
through the pores or spaces of rock or soil. |
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Person |
Any individual or group of individuals,
corporation, partnership, association, or
any other entity, including Federal, State, and local governments and
agencies. |
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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. |
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Planning Area |
The area considered in the development of a
comprehensive plan for cities in |
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Planning Commission |
The Lawrence/Douglas |
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Planning Director |
The Lawrence/Douglas |
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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. |
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|
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. |
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Potable Water |
Water suitable for drinking or cooking
purposes. |
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|
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. |
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|
See
‘Building, Principal’. |
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|
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. |
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Principally Above Ground |
At least 51% of the actual cash value of the
structure, less land value, is above ground. |
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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 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 this Article only
in a Planned Development. |
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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. |
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|
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. |
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|
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. |
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|
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. |
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|
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. |
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|
Raw Sewage |
Untreated domestic or commercial wastewater. |
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|
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. |
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Regulatory Flood |
The Flood determined by the Federal
Insurance Administration as having a 1% chance of
being equaled or exceeded in any given year. |
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Regulatory Flood Elevation |
The elevation at which the Regulatory Flood
is determined to occur. |
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Regulatory Floodplain |
Land included within the Regulatory Floodway
and Floodway Fringe areas as
determined by the Federal Insurance Administration. |
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Replat |
Same as “Resubdivision”. |
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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, 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 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]. |
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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. |
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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. |
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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. |
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Road or Roads |
Same as “Street” or “Streets”. |
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Road, Stub |
A short section
of public Road or Road Easement dedicated to provide future access to
an adjacent unplatted tract of property. |
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Roadway |
The paved or improved area of a Street
right-of-way, exclusive of sidewalks,
Driveways, or related uses. |
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Rural Area |
All of the Unincorporated Area of Douglas County lying outside of an Urban
Growth Area. |
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Sanitary Sewers |
Pipes that carry only domestic, industrial
or commercial Sewage and into which storm,
surface and ground waters are not intentionally admitted. |
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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. |
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Setback Line (Front) or Building Line |
A line nearest the front of and across a 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. |
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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. |
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Sewage Lagoon |
A shallow, artificial pond where sunlight,
bacterial action and oxygen interact to
restore waste water to a reasonable state of purity. |
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Sewage |
The total of organic waste and waste water
generated by residential, industrial and
commercial establishments. |
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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. |
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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.
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Staff |
The technical and professional Staff of the
Lawrence/Douglas County Metropolitan Area
Planning Director. |
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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. |
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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. |
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Stormwater Detention |
Any storm drainage technique that retards or
detains runoff, such as a detention or
retention basin. |
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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. |
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Street Width |
The amount of Street right-of-way Abutting a
Lot’s property lines. |
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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. |
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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. |
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Street, Cul-de-sac |
vehicle
Turnaround at the other end. |
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Street, Dead-End |
Turnaround at its
end. |
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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. |
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Street, Freeway |
Any divided Street or highway with complete
Access Control and grade separated
interchanges with all other public Streets and highways. |
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Street, Limited Local |
family
residential Lots. |
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Street, Local |
Local Streets provide direct access to
adjacent land uses. Direct access from a local Street
to an arterial Street should be discouraged.
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Street, Marginal Access |
other
limited-access Street and that is designated to provide direct access to
adjacent property. Marginal Access Streets are commonly known as
“Frontage Roads”. |
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Street, Private |
unincorporated area of the County and only
permitted within Planned Developments in
the City of |
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Street, Residential |
Same as “ |
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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. |
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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. |
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Street, Stub |
A short section of Street right-of-way
Platted to provide future access to an adjacent
unplatted tract of property. |
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Subdivider |
The Owner, or any other Person, Owner,
undertaking proceedings under the provisions of these regulations for
the purpose of subdividing and platting land. |
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Subdivision (Plat) |
The division of a 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. |
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Subdivision, Major |
A Subdivision that includes 5 or more lots.
[See section 20-809]. |
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Subdivision, Minor |
A Subdivision that satisfies one of the
criteria set forth in section 20-808. |
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Subdivision Regulations |
For the City of adopted and
amended from time to time by Ordinance adopted by the City Commission.
For as adopted and
amended from time to time by Resolution adopted by the Board of |
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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. |
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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.” |
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Surveyor |
A professional Land Surveyor licensed by the
State of |
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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. |
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Temporary Set Aside Agreement |
An agreement relating to land located within
the Urban Growth Area that contains the
resources identified in Section 20-810(j) that, as reasonably
practicable, requires the retention of the environmental, geographical, or
historical characteristics of the land and prohibits any use or activity
that will significantly impair, interfere with, or destroy these
characteristics. A Temporary Set Aside
Agreement shall: (i) be between the Owner
of the land and the County and City, (ii) provide that the County
has regulatory authority under the agreement until the land is annexed
into the City and, thereafter, the City acquires regulatory
authority, (iii) provide that the agreement expires 2 years after the date of
annexation unless further action is taken by the City and the Owner,
and (iv) be approved by the Manager, or their
designees. |
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Terracing |
An erosion control method that uses small
hills and contours on the land surface to
control Flooding and runoff. |
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Topography |
The configuration of a surface area showing
National Geodetic Vertical Datum (NGVD). |
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Tract |
A non-buildable, platted parcel reserved for
open space, storm drainage or easement
purposes or an otherwise specific and restricted use. |
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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. |
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Turn-around |
An area at the closed end of a Street with a
single common Ingress and Egress within
which vehicles may reverse their direction. |
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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. |
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Unincorporated Area |
That portion of municipality.
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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. |
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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”.] |
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Urban Growth Area – |
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, 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 |
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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. |
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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. |
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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. |
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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. |
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Water Table |
The upper surface of Groundwater, or that
level below which the soil is seasonally
saturated with water. |
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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. |
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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. |
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Woodlands |
Natural hardwood forests, whether or not
actively forested. |
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Zone A |
Special flood hazard areas inundated by
100-year flood where no base flood elevations
have been determined. |
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Zone AE |
Special flood hazard areas inundated by
100-year flood where base flood elevations have
been determined. |
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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. |
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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. |
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Zoning Regulations |
The rest of Chapter 20 of the City Code or
the current Zoning Regulations in effect in by resolution of
the Board of County Commissioners. |
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