ORDINANCE NO. 9515
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 20, ARTICLE 8, SECTIONS 20-807 AND 20-808, CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION, AND AMENDMENTS THERETO, PERTAINING TO SUBDIVISION DESIGN AND IMPROVEMENTS, AND REPEALING EXISTING SECTIONS 20-807 AND 20-808.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION 1. Chapter 20, Article 8, Section 20-807 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby amended to read as follows:
The purpose of the Certificate of Survey 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 or 20-806, whichever is applicable, without requiring full compliance with the 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 and 20-806, subject to the requirements of this Section. This 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 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 Urban Growth Areas of the cities in Douglas County. However, an amended Certificate of Survey may be recorded for property in the Urban Growth Areas, or within the Rural Area when it:
(i) Includes the same land area as the original Certificate of Survey; and,
(ii) When it meets the applicable requirements in Sections 20-804 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 review procedure.
Applications for a Certificate of Survey review procedure shall be submitted to the Planning Director in conformance with the general requirements of Section 20-802; be submitted in both print and electronic format; and be accompanied by:
(1) The applicable review and recording fees;
(2) Proof of legal or equitable interest in the property;
(3) Proof that there are no unpaid taxes on the subject property in the form of a certificate that all taxes and special assessments due and payable have been paid; and
(4) One paper and one electronic copy of a Certificate of Survey that complies with the requirements of Section 20-807(e).
(5) In addition, for Cluster Developments in an Urban Growth Area:
(i) A certificate of mailing for letters mailed to property Owners within ¼ mile of the property proposed for the Cluster Development for rural residential development purposes;
(ii) A Build Out Plan illustrating the following with respect to both the Immediate Development Area and Future Development Area:
a. A realistic future Urban Block layout designed consistent with the Comprehensive Land Use Plan of the applicable city and the Subdivision Design Standards and Public Improvement Standards set forth in Sections 20-810 and 20-811 for the City of Lawrence or in the Subdivision Regulations set forth in the annexing city’s regulations;
b. The layout of future Streets/Roads; provided that, Local Streets/Roads shall be planned to provide Street/Road connections to adjoining Parcels, neighborhoods, or future development open spaces, at a spacing of 600’ to 800’ as a means of discouraging the reliance on County and State Roads or highways for local trips;
c. Block level Easement locations for utilities and storm water drainage;
d. Locations of Building Envelopes for each Residential Development Parcel that are respective of the future Urban Street and Block layout; and,
e. Supplemental written information that demonstrates how public utilities may be extended to the Subdivision to accommodate future Urban Density development.
(6) For applications within Urban Growth Areas, 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, when the city requires such an agreement.
(7) For properties including Environmentally Sensitive Lands identified in Section 20-810(k), a proposed Temporary Set Aside Agreement or permanent Conservation Easement and a copy of proposed Restrictive Covenants as identified in Section 20-804(c)(3).
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 and
shall be a minimum size of 11 inches by 17 inches; be prepared by
a licensed Land Surveyor, using any media that will reproduce a clear image for
scanning and microfilming and meeting the standards established by the Office
of the Register of Deeds.
(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 or until an Amended Certificate of Survey is approved and recorded with the Register of Deeds.”;
(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.
(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 Street and Block layout in the Build Out Plan. This requirement is not applicable to a Certificate of Survey prepared in accordance with 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 Urban Street and Block layout shown in the Build Out Plan, if applicable;
(xiv) Building Envelopes, when required, shall be shown for every Residential Development Parcel and shall not include lands identified as Environmentally Sensitive Lands as identified in Section 20-810(k);
(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 Urban Streets and Blocks;
(xvi) A note stating the specific Section [20-804 or 20-806] pursuant to which the division is being made;
(xvii) Restrictive Covenants, Temporary Set Aside Agreements, or Conservation Easements required by the proposed division shall be noted with book and page number in which the covenants, Temporary Set Aside Agreements, or Conservation Easement are recorded;
(xviii) The signature of the Owner, properly acknowledged;
(xix) The dated signature and seal of the Kansas licensed Land Surveyor responsible for the survey along with a note stating: “This survey complies with the Kansas Minimum Standards for Boundary Surveys”;
(xx) A line on the survey for the review date and signature of the County Surveyor beneath a note stating: “Reviewed in compliance with K.S.A. 58-2005”;
(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 Lawrence & the Unincorporated Area of Douglas County”; or the Subdivision Regulations of the appropriate City; and
(xxii) A line for identification of book and page of the Register of Deeds recording information.
(3) Before approval of a Certificate of Survey in the Lawrence Urban Growth Area that will not be served by City of Lawrence utilities, the property Owner shall provide written documentation to the Lawrence-Douglas County Health Officer and the Lawrence-Douglas County Planning Director that Publicly Treated Water, delivered through a water meter, is available to and will be provided for all Residential Development Parcels.
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 or 20-806, as applicable;
(2) The Certificate of Survey meets all of the requirements of Section 20-807;
(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 Douglas County or, where applicable, the Comprehensive Plan of another city in Douglas County;
(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 Lawrence & the Unincorporated Area of Douglas County” with the date of approval.
(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 Section 20-804 for Lawrence’s or another city’s Urban Growth Area. The amendment may occur when there is an application to revise an area designated as a Residential Development Parcel, Immediate Development Area, Future Development Area, or the layout of Residential Development Parcels and future Streets or Blocks on the Build Out Plan. The Future Development Area cannot be revised for those portions that include Environmentally Sensitive Lands identified in Section 20-810(k), permanent Conservation Easement(s), or Temporary Set Aside Agreement(s). A revision to approved Access to the development (location of Cross Access Easement or individual Driveway Access) from public Road Right-of-Way shall be permitted only upon written recommendation from the County Engineer that revising the point of Access to the public Road is desirable for public safety.
(1) An amendment to an approved Certificate of Survey shall:
(i) Include the entire land area of the original Certificate of Survey and be signed by all of the current Owners of land within the entire land area of the original Certificate of Survey;
(ii) Be submitted in the same form as an original Certificate of Survey and meet the requirements in Section 20-807(d) through (g);
(iii) Be eligible for the same appeals procedure identified in Section 20-807(i) as the original Certificate of Survey;
(iv) Comply with the Subdivision Regulations in effect at the time the amended Certificate of Survey application is submitted for review; and
(v) For each amended Certificate of Survey, the creation of new Residential Development Parcel s in addition to those created originally shall only be permitted if an additional Residential Development Parcel is permitted according to Sections 20-804 and 20-806 and/or by the County’s Access Management Standards.
(2) An amendment of a Certificate of Survey shall not alter future Street layouts that would conflict with a Build Out Plan approved for an adjacent property.
(1) Upon the approval or denial of an application for a division of land under Sections 20-804 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 County Commission shall set a hearing date for the appeal that is at least 15 days after written notice is sent to the appellant. The appellant shall have the burden of establishing by clear and convincing evidence that the Planning Director’s decision was incorrect.
(1) If an approved Certificate of Survey has not been recorded at the Register of Deeds office, the approval of a Certificate of Survey shall be effective for no more than 24 months from the date of approval unless all conditions of approval have been completed or an extension has been granted by the Planning Director for good cause.
(2) Such request for extension must be submitted to the Planning Director prior to the expiration of the original 24 month approval period.
SECTION 2. Chapter 20, Article 8, Section 20-808 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby amended to read as follows:
The purpose of this administrative process is to provide an economical and efficient procedure for the adjustment of Platted Lot Lines in developed areas through a Resubdivision or Replat procedure, where an adjustment involves little or no expansion of the public Infrastructure. The Minor Subdivision/Replat 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/Replats in accordance with the procedures of this Section.
(1) Within the City of Lawrence, a Platted Lot may be divided into 4 or fewer Platted Lots by using the Minor Subdivision/Replat procedures of this section; provided, that:
(i) No new Street or extension of an existing Street is created, or
(ii) A Vacation of Streets, Alleys, Setback Lines, Access Control or Easements is required or proposed.
(iii) As an alternative, if Right-of-Way or Easements are proposed to be dedicated or vacated, the Minor Subdivision/Replat shall be placed on the Governing Body’s agenda for approval of the subject Vacation or acceptance of additional Dedications after mailed notice to surrounding property Owners and prior to final administrative approval of the Minor Subdivision/Replat.
(2) Within the Unincorporated Area of the County, a Platted Lot may be divided into 2 Platted Lots by using the Minor Subdivision/Replat procedures of this section, provided that:
(i) Each resulting Lot has a minimum Lot area that conforms to the County Sanitation Requirements for minimum Lot area;
(ii) The Platted Lot takes Access from a Hard Surfaced Road or from a Road that meets or exceeds the County’s Rock Road Standard;
(iii) No new Road or extension of an existing improved Road is created, or
(iv) A Vacation of Roads, Setback Lines, Access Control or Easements is required or proposed; and,
(v) The Minor Subdivision/Replat is not prohibited by any other Section of this Article.
(vi) As an alternative, if Right-of-Way or Easements are proposed to be dedicated or vacated, the Minor Subdivision/Replat shall first be placed on the Governing Body’s agenda for approval of the subject Vacation or acceptance of additional Dedications after mailed notice to surrounding property Owners and prior to final administrative approval of the Minor Subdivision/Replat.
(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 a Minor Subdivision/Replat;
(4) For the purpose of interpreting the Minor Subdivision/Replat 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 or Replat 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/Replat process;
(5) Lots are eligible only one time for approval of a division or consolidation through the Minor Subdivision/Replat process and any further divisions or consolidations of the originally Platted or newly created Lots shall be processed as Major Subdivisions; however,
(i) Lot Line adjustments or mergers that do not increase the total number of Lots may be accomplished through the Minor Subdivision/Replat process even if the property had previously been part of a Minor Subdivision or Replat.
A Lot or group of Lots submitted as a Minor Subdivision/Replat 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 or consolidations eligible for review through the Minor Subdivision/Replat process under Section 20-808(c);
(2) All Lots created through the Minor Subdivision/Replat process conform to the Lot size requirements of the underlying zoning district;
(3) Each Lot resulting from the division or consolidation will have direct Access to an existing Public Street/Road that meets current adopted Access and Public Improvement Standards or will meet such standards as a result of Improvements required as a condition of approval of the Minor Subdivision/ Replat;
(4) 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 Section 20-810(e)(5), approval of the Minor Subdivision/Replat 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.
(i) All necessary off-site Dedications shall be recorded 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/Replat until this additional Right-of-Way Dedication has been recorded.
(ii) All necessary On-Site Dedications may be recorded by separate instrument with the Register of Deeds office or may be provided on the Minor Subdivision/Replat; however, the Minor Subdivision/Replat shall be placed on the Governing Body’s agenda for acceptance of the additional Right-of-Way after mailed notice and prior to final approval of the Minor Subdivision/Replat.
(5) Any additional public Easements necessary to serve the property shall be Dedicated prior to final approval of the Minor Subdivision/Replat, either by:
(i) Separate instrument, or
(ii) The Minor Subdivision/Replat is placed on the Governing Body’s agenda for acceptance of the additional Easements after mailed notice and prior to final approval of the Minor Subdivision/Replat.
(6) If any portion of the property within the Minor Subdivision/Replat 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 device as may be required by the Planning Director. No final action shall be taken on the Minor Subdivision/Replat until this Dedication has been recorded, either by:
(i) Separate instrument, or
(ii) The Minor Subdivision/Replat is placed on the Governing Body’s agenda for acceptance of the additional Right-of-Way or Easements after mailed notice and prior to final approval of the Minor Subdivision/Replat.
(7) The Owner shall provide written documentation for divisions 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.
(8) The proposed Lots and all other aspects of the proposed Minor Subdivision/Replat conforms with the current Comprehensive Plan of Lawrence and Douglas County;
(9) The Minor Subdivision/Replat conforms with the adopted Major Thoroughfares Map referenced in the Comprehensive 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/Replat or the original Platted Subdivision;
(10) The proposed Minor Subdivision/Replat is consistent with any conditions imposed on the original Platted Subdivision from which the Lots being divided or consolidated were originally Platted; and,
(11) The Minor Subdivision/Replat conforms to the Kansas Minimum Standards for Boundary Surveys.
(1) Requests for Minor Subdivision/Replat approval shall be submitted to the Planning Director.
(2) Each application shall be submitted on a form provided by the Planning Director; be submitted in both print and electronic format; and shall be accompanied by:
(i) The applicable review and recording fees;
(ii) Copies of scaled drawings of a Minor Subdivision/Replat as required by the Planning Director, certified by a licensed Land Surveyor; and
(iii) A certificate that all taxes and special assessments due and payable have been paid.
a. 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.
(iv) If Dedication or Vacation of Easements or Rights-of-Way is proposed, a certified copy of a property Ownership list to provide mailed notice in accordance with 20-802(d)(3).
(1) The Minor Subdivision/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 Minor Subdivision/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 and dimensions of existing and/or proposed Easements and utilities;
(v) Dimensions and locations of the new Lots to be created through the division or consolidation;
(vi) Location and width of Driveways, 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/Replat under the Subdivision Regulations of the City of Lawrence and the Unincorporated Area of Douglas County”;
(x) A signature and date line for the appropriate Governing Body Chair indicating acceptance or approval, if the Minor Subdivision/Replat proposes either the Dedication or Vacation of Easements or Right-of-Way;
(xi) A line on the survey for the review date and signature of the County Surveyor beneath a note stating: “Reviewed in compliance with K.S.A. 58-2005”;
(xii) A dated signature and seal of the licensed Land Surveyor responsible for the survey and a note stating: “This survey conforms to the Kansas Minimum Standards for Boundary Surveys.”; and,
(xiii) A note on the face of the Minor Subdivision/Replat which states: “Further division or consolidation of any Lots contained in this Minor Subdivision/Replat is prohibited, and shall be processed as a Major Subdivision, unless the action meets the exception noted in Section 20-808(c)(5)(i).”
(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 30 days of
receipt of the complete application. If the Planning Director finds that the
Minor Subdivision/Replat conforms to all of the standards set forth in this
Section, the Director shall sign and date an original Mylar copy of the
Minor Subdivision/Replat, prepared by a licensed Land Surveyor, using any
media that will reproduce a clear image for scanning and microfilming and
meeting the standards required by the Office of the Register of Deeds.
(3) If the Minor Subdivision/Replat proposes either the Dedication or Vacation of Easements or Rights-of-Way, the Planning Director shall:
(i) Provide mailed notice to surrounding property Owners as established in Section 20-802(d); and
(ii) Place the Minor Subdivision/Replat on the Governing Body’s agenda for either acceptance of Dedications or approval of proposed Vacations.
(4) If the Planning Director finds that the Minor Subdivision/Replat 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/Replat, the Planning Director shall refuse to approve the proposed Minor Subdivision/Replat 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/Replat because the Replat does not meet all of the criteria in Section 20-808(d), the Subdivider may submit an application for Major Subdivision approval at any time.
(5) The Planning Director shall forward a signed, original Mylar copy of the Minor Subdivision/Replat to the Register of Deeds for recording.
(6) Appeals of the Planning Director’s decision on a Minor Subdivision/Replat shall be subject to Section 20-813(f)(1).
If the Planning Director determines that the Minor Subdivision/Replat includes a proposal to dedicate or vacate Easements and/or Rights-of-Way, the Minor Subdivision/Replat shall be placed on the Governing Body’s agenda for acceptance or Vacation of Easements and/or Rights-of-Way following the appropriate review process, mailed notice and prior to the Planning Director’s final approval of the application.
If the Minor Subdivision/Replat includes the Dedication or Vacation of Easements and/or Rights-of-Way and the Governing Body has accepted the Dedication or approved the Vacation, the Planning Director shall submit the Minor Subdivision/Replat to the Mayor or Chairperson of the Board of County Commissioners, as applicable, for signatures.
(1) Prior to the Minor Subdivision/Replat being recorded with the Register of Deeds, a digital version of the Minor Subdivision/Replat shall be submitted to the Planning Director in a format approved by the Planning Director as identified in the application packet.
(2) Errors found in closure or internal dimensions shall be corrected prior to filing recording the Minor Subdivision/Replat.
(1) Approval of a Minor Subdivision/Replat by the Planning Director and acceptance of Dedications by the appropriate Governing Body shall be effective for no more than 24 months from the date of acceptance unless all conditions of approval have been completed or an extension has been granted by the Planning Director for good cause.
(2) Such request for extension must be submitted to the Planning Director prior to the expiration of the original 24 month approval period.
SECTION 3. Existing Sections 20-807 and Section 20-808 of the Code of the City of Lawrence, Kansas, 2018 Edition and amendments thereto, are hereby repealed in their entirety, it being the intent of the Governing Body that the provisions of this ordinance supersede it.
SECTION 4. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining part of this ordinance.
SECTION 5. This ordinance shall take effect and be in force after its passage and publication as provided by law.
PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of September, 2018.
APPROVED:
_____________________________
Stuart Boley
Mayor
ATTEST:
__________________________________
Sherri Riedemann
City Clerk
APPROVED AS TO FORM:
__________________________________
Toni R. Wheeler
City Attorney
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NOTICE TO PUBLISHER
Publish once and return one Proof of Publication to the City Clerk and one to the City Attorney.