APPENDIX D – SUBDIVISION REGULATIONSAPPENDIX D – SUBDIVISION REGULATIONS\ARTICLE 5. CONTENTS OF PRELIMINARY AND FINAL PLATS

The preliminary plat shall be drawn at a scale of not less than one inch equals 100 feet; however, areas over 100 acres may be at a scale of one inch equals 200 feet. 

A.    General Information. The following general information shall be shown on the preliminary plat:

1.    Proposed name of the subdivision not duplicating or resembling the name of any plat heretofore recorded within the area of jurisdiction of these regulations. The use of the word “Addition” should be used for a plat which has just been or is in the process of being annexed and not for the subdivision of land already in the City.

2.    Date of preparation, north point and scale of drawing.

3.    An identification clearly stating that the drawing is a preliminary plat.

4.    Location of the subdivision by quarter-section, section, township and range and by measured distances to a section corner to further define the location and boundary of the tract.

5.    Names of adjacent subdivisions or, in the case of unplatted land, the name of the owner or owners of adjacent property.

6.    The name and address of the landowner, the subdivider and the name and seal of the land planner who prepared the plat and surveyor who did the topographic survey.

B.    Existing Conditions. The following existing conditions shall be shown on the preliminary plat:

1.    The location, right-of-way, width and names of all existing public or private street within or adjacent to the tract, together with easements, railroad rights-of-way and other important features such as section lines and corners, city and township boundary lines and monuments.

2.    The horizontal location within the subdivision and the adjoining streets and property of existing sanitary and storm water sewers including flow lines, water mains, culverts, catch basins, manholes, fire hydrants, underground wiring, pipe lines and gas lines proposed to serve the subdivision.

3.    Contour lines or spot elevations based on Mean Sea Level (MSL) or other datum approved by the Planning commission having the following intervals:

a.     Two-foot contour intervals for ground slopes less than 10%

b.    Five-foot contour intervals for ground slopes exceeding 10%.

c.     Spot elevations where the ground is too flat for contours.

d.    Ten-foot contours on lots ten acres or larger used for residential or agricultural purposes where no known watercourse or area subject to flooding as determined by Section 6-104 is involved. USGS map data is acceptable.

The date of the topographic survey shall  be shown including the location, elevation and description of the bench mark controlling the vertical survey. 

4.    Locations of existing monuments or survey markers used in preparation of the survey.

5.    The location and direction of all watercourses and areas subject to flooding as determined by Section 6-104.

6.    Significant natural features including, but not limited to rock outcroppings, marshes, lakes and wooded areas.

7.    Existing use of the property including the location of all existing structures showing those that will be removed and those that will remain on the property after the final plat is recorded.

8.    Boundary line of proposed subdivision clearly indicated and total acreage therein.

9.    Zoning district classifications on and adjacent to the tract, if any.

C.    Proposed Subdivision Plat. The following information with respect to the manner in which the tract is to be subdivided and developed shall be included on the preliminary plat.

1.    Streets showing the location, right-of-way, width, names and approximate grades thereof. The preliminary plat shall show the relationship of all streets to any projected streets shown or to any related Comprehensive Plan proposal or, if none proposed, then as determined by the Planning Commission.

2.    Street names which do not duplicate any heretofore used in the City or its environs, unless the street is an extension of or in line with an already named street, in which event that name shall be used. Appropriate prefixes and suffixes which provide relative direction and type of street should accompany such names. Street names shall be subject to the approval of the Planning Commission and follow the applicable City’s or County’s street naming and Property numbering Policy, if adopted. Property numbers are assigned by the city or County depending upon the agreed upon jurisdictional policy.

3.    Easements showing width and purpose such as for utilities, drainage, screening, open space, pedestrian ways and alleys.

4.    Location and type of utilities to be installed including provisions for storm water drainage.

5.    Lots showing approximate dimensions, minimum lot sizes and proposed lot numbers and block letters or numbers.

6.    Sites, if any, to be allocated for development with other than single-family dwellings or to be dedicated or reserved for park, recreation area, open space or other public or private purposes. (See Section 2-102 for definition of RESERVE.)

7.    Proposed building setback lines, if any, but not less than applicable zoning regulations. The setback should be measured from the existing or proposed street right-of-way, whichever is a greater distance.

D.    Additional Data and Information to be Submitted with the Preliminary Plat. The following information shall be submitted in separate statements and/or drawings accompanying the preliminary plat, or, if practical, such information may be shown on the preliminary plat:

1.    A vicinity map showing existing subdivisions, streets and unsubdivided tracts adjacent to the proposed subdivision and showing the manner in which the proposed streets may be extended to connect with existing streets.

2.    A statement as to the nature and type of improvements proposed for the subdivision, and in what manner the subdivider intends to finance and guarantee their installation, e.g., petition, actual construction, monetary guarantee, etc. (See section 7-103 for guarantees for installation of improvements.)

3.    If deemed necessary, a preliminary drainage plan based on standards and policies of the applicable jurisdiction.

The final plat shall be prepared by a registered land surveyor and drawn in waterproof black ink on Mylar or its equivalent. Alternatively, a final plat may be prepared with a photographic process provided it is submitted on .004 inch polyester photographic film such as Mylar or its equivalent. The permitted page sizes shall be 24 inches by 36 inches or smaller. Larger sizes will not be accepted. The scale shall be not less than 100 feet to one inch except that a variation in scale may be allowed where the Planning Commission determines it is necessary for a proper exhibit of the subdivision. When more than one sheet is used for any plat, each such sheet shall be numbered consecutively and each such sheet shall contain a notation showing the whole number of sheets in the plat and its relation to other sheets (e.g., Sheet 1 of 3). Linear dimensions shall be given in feet and decimals of a foot. The final plat shall show on the face thereof:

A.    The name of the subdivision followed by a reference to its location by quarter-section, section, township and range.

B.    The date of preparation, scale, north point, legend and controlling physical features, such as highways, railroads, watercourses and areas subject to flooding as determined by Section 6-104.

C.    Legal description of the tract boundaries. (See Section 5-101 Q 1 for land surveyor’s certificate and description.)

D.    Reference ties to previous surveys and plats, as follows: (See Section 7-102J for monuments as required improvements.)

1.    Distance and direction to the monuments used to locate the land described in the certificate of survey.

2.    The location of all other monuments required to be installed by these regulations.

E.    Location and elevation of permanent bench mark, if required.

F.    Tract boundary, block boundary, street and other right-of-way lines with distances and angles (and/or bearings). Where these lines follow a curve (all curves must be circular), the central angle, the radius, points of curvature, length of curve and length of intermediate tangents shall be shown. Error of closure of the perimeter survey shall not exceed one foot for each 10,000 feet.

G.    Lot lines with dimensions. Side lot lines shall be at right angles or radial to street lines unless otherwise shown. Rear lot lines shall be parallel to block or tract lines unless otherwise indicated. Points of deflection of rear lot lines shall be indicated by angles and distances.

H.    Lot numbers beginning with number one and numbered consecutively in each block.

I.     Block letters or numbers continuing consecutively without omission or duplication throughout the subdivision. Such identification shall be solid, of sufficient size and thickness to stand out, and so placed as not to obliterate any figure.

J.     All easements shall be denoted by fine dashed lines, clearly identified and, if already on record, the recorded reference of such easements. If an easement is not definitely located of record, a statement of such easement shall be included. The width of the easement with sufficient ties to locate it definitely with respect to the subdivision must be shown and its purpose such as for utilities, drainage, screening, open space, pedestrian ways or alleys. If the easement is being dedicated through the plat, it shall be properly referenced in the owner’s certificate and dedication.

K.    The width of street rights-of-way and any portion thereof being dedicated by the plat as well as the width of any existing right-of-way and the centerline of any adjacent perimeter streets.

L.    The name of each street shown on the subdivision plat including appropriate prefixes and suffixes.

M.   Minimum building setback lines, if any, but not less than applicable zoning regulations. The setback should be measured from the existing or proposed street right-of-way, whichever is a greater distance.

N.    Land parcels to be dedicated or reserved for any purpose, public or private, to be distinguished from lots or tracts intended for sale. (See Section 2-102 for definition of RESERVE.)

O.    When deemed desirable, the minimum pad elevation of each lot or parcel of land based on the design criteria of Section 6-104 so that each pad is elevated at least one foot above the 100-year flood elevation. (See Section 2-102 for definition of MINIMUM PAD ELEVATION.)

P.    Marginal lines encircling the sheet. All information shall be within this margin.

Q.    The following certificates, which may be combined where appropriate: (Certificates requiring a seal should be located near the edge of the plat to facilitate affixing the seal. All names on the plat must also be typed or clearly printed under the signature.)

1.    A certificate signed by a registered land surveyor responsible for the survey and final plat. The surveyor shall not sign the plat until all monuments, irons or bench marks have been set as required by these regulations. Such signature shall be accompanied by the legal description of the land surveyed, the total acreage, the month and year such survey was made and the surveyor’s seal. This certificate may be in the following form:

 

LAND SURVEYOR’S CERTIFICATE AND DESCRIPTION

 

            I, the undersigned, registered land surveyor of the State of Kansas, do hereby certify that the following described tract of land was surveyed on ____________, 20____ and the accompanying final plat prepared and that all the monuments shown herein actually exist and their positions are correctly shown to the best of my knowledge and belief:

 

(Legal description, date of survey and acreage. If applicable, reference may be made to indicate that existing public easements and dedications are being vacated according to provision of K.S.A. 12-512b. [See Section 10-101A1 for provisions of K.S.A. 12-512b.] )

 

Date __________, 20____

 

(SEAL)                                                           ___________________________________

                                                                        (Land Surveyor’s name and license number)

2.    Certificates signed and acknowledged by all parties having any record or possessory right, title or interest in the land subdivided including mortgagees consenting to the preparation and recording of the subdivision plat; and dedicating all tracts of land shown on the final plat which are intended for public use as highways, streets, alleys, easements and public sites. These certificates may be in the following form:

 

 

OWNER’S CERTIFICATE AND DEDICATION

 

STATE OF KANSAS     )

                                          )SS

COUNTY OF BUTLER)

 

            This is to certify that the undersigned owner(s) of the land described in the Land Surveyor’s Certificate; have caused the same to be surveyed and subdivided on the accompanying plat into; (an addition to) (located in) the City of Andover, Butler County, Kansas; that all highways, streets, alleys, easements and public sites as denoted on the plat are hereby dedicated to and for the use of  the public for the purpose of constructing, operating, maintaining and repairing public improvements; and further that the land contained herein is held and shall be conveyed subject to any applicable restrictions, reservations and covenants now on file or hereafter filed in the Office of the Register of Deeds of Butler County, Kansas.

 

Date Signed:____________                                                               Date Signed:____________

 

 

 

________________________                                                            __________________________

Owner                                                                                                 Owner

Print or type below signature                                                                   Print or type below signature

 

 

 

MORTGAGE HOLDER

 

            We, __(Name of institution and location)____, by ___(Name and title of officer    , holders of a mortgage on the above described property do hereby consent to the plat of ___(Name of plat)       , City of Andover, Butler County, Kansas.

 

 

                                                                                                (Name of institution and location)

 

 

 

                                                                                                ____________________________

                                                                                                (Name and title)

 

 

                 3.         The acknowledgment of a notary in the following form for an individual capacity or modified if a representative capacity:

 

 

NOTARY

NOTARY CERTIFICATE

 

STATE OF KANSAS     )

                                          )SS

COUNTY OF BUTLER)

 

            The foregoing instrument was acknowledged before me this day of _________________________, 20_____, by ___(Name of Person[s] )_____ .

 

 

(SEAL)                                               __________________________________ ,Notary Public

 

 

My appointment expires: ________________________

 

 

                 4.         The certificate of the Planning Commission in the following form:

 

PLANNING COMMISSION CERTIFICATE

 

STATE OF KANSAS     )

                                          )SS

COUNTY OF BUTLER)

 

            This plat was approved by the Andover City Planning Commission on _________________, 20___

 

 

Signed _________________________, 20___

 

 

 

                                                                                    ____________________________, Chairperson

                                                                                    (Print name below)

 

 

ATTEST:

 

 

 

_____________________________, Secretary

(Print name below)

 

 

                 5.         If the plat is an addition to the City, i.e., an annexation, a certificate signed by the City Attorney indicating that all conditions of K.S.A. 12-401 have been met: (See Section 5-100A1 for use of the word “Addition.”)

 

CITY ATTORNEY’S CERTIFICATE

 

STATE OF KANSAS     )

                                          )SS

COUNTY OF BUTLER)

 

 

            This plat is approved pursuant to the provisions of K.S.A. 12-401.

 

Date Signed: ____________________, 20____.

 

 

                                                                                    _________________________, City Attorney

                                                                                    (Print name below)

 

 

 

                 6.         The acceptance of dedications by the Governing Body in the following form:

 

GOVERNING BODY CERTIFICATE

 

STATE OF KANSAS     )

                                          )SS

COUNTY OF BUTLER)

 

            The dedications shown on this plat, if any, are hereby accepted by the Governing Body of the City of Andover, Kansas on ________________, 20____.

 

 

                                                                                    ____________________________, Mayor

                                                                                    (Print name below)

(SEAL)

 

            ATTEST:

 

___________________________ , City Clerk         

(Print name below signature)

 

 

                 7.         The acceptance of dedications by the Board of County Commissioners for plats outside the City only in the following form:

 

COUNTY COMMISSIONERS’ CERTIFICATE

 

STATE OF KANSAS     )

                                          )SS

COUNTY OF BUTLER)

 

            The dedications shown on this plat, if any, are hereby accepted by the Board of County Commissioners, Butler County, Kansas, on _________________________, 20_____.

 

 

                        (SEAL)                                                           ______________________, Chairman

                                                                                                (Print name below)

 

ATTEST:

 

___________________________ , County Clerk     

(Print name below)

 

 

                 8.         A place to note the transfer record date of the County Clerk and the recording certificate of the County Register of Deeds. Plats are not entitled to record unless all current real estate taxes and special assessments are paid in full on the land being platted. (See Section 5-101R1 for title report.)

 

 

TRANSFER RECORD

 

 

Entered on transfer record this ____ day of ____________________, 20____.

 

 

                                                                        ___________________________ , County Clerk     

                                                                        (Print name below)

 

STATE OF KANSAS     )

                                          )SS

COUNTY OF BUTLER)

 

            This is to certify that this instrument was filed for record in the Register of deeds Office at ____:____ a.m. / p.m. on the ____ day of _____________________, 20____ and is duly recorded.

 

 

 

                        (SEAL)                                                           ______________________, Register of Deeds

                                                                                                (Print name below)

 

 

_____________________________, Deputy

(Print name below)

Whenever the subdivider’s agreement and any restrictive covenants are recorded prior to or concurrently with the final plat, the book and page numbers where they are recorded shall be noted on the plat for reference purposes.

 

9.    Subdivisions which lie outside the city limits for which requests have been made for the extension of one or more City utility services shall agree to a waiver of protest of potential future annexation by a statement reading “Owners of lands within this subdivision do hereby bind themselves to waive any protest to annexation by the City of Andover, Kansas,”  which shall be shown on the final plat and included in restrictive covenants of the subdivision. When such an agreement is contained in such restrictive covenants and filed by the City with the county Register of Deeds within 30 days after being executed by all parties, it shall be deemed to be sufficient consent to annexation under K.S.A. 12-520, as amended, to bind the owner(s) of the land to be subdivided and any successors in interest. (See Section 5-101R3 for restrictive covenants.)

10.  Provision for all other certifications, approvals and acceptances which are now, or which may hereafter be, required by any statute, ordinance or regulation. The form of these certifications may be modified as necessary by the City’s legal counsel to meet statutory or other requirements.

R.    The following additional information shall be submitted with the final plat:

1.    A title report by an abstract or a title insurance company, or an attorney’s opinion of title, showing the owner of the land and all other persons who have an interest therein and describing any encumbrances on the plat, including such items as rights-of-way, easements, pipelines, leases, mineral rights, mortgages, real estate taxes, special assessments and other encumbrances affecting the ownership. (See Section 5-101 Q 8 on payment of real estate taxes and special assessments before recording.)

2.    If deemed necessary, a final drainage plan based on the standards and policies set by the applicable jurisdiction.

3.    A copy, if any, of restrictive covenants applicable to the subdivision. As a service to the subdivider, such restrictions may be reviewed by the Planning Commission and other officials to determine if any potential conflicts exist with the City’s laws. If the condition exists for outside the City utility service as described in Section 5-101 Q 9, then restrictive covenants must be submitted for review of the annexation waiver provisions.