Junction City, KS Zoning Ordinance

Junction City City Zoning Code

CHAPTER 455

Subdivision Regulations

Section 455.005 Preface.

[Ord. No. G-793, 2-24-1992]

One of the most fundamental and important steps in the development process is the subdivision of land. Aside from a few exceptions, every division of land or change of property boundary constitutes a subdivision and is subject to these regulations. The review and coordination required by the subdivision regulations are intended to ensure that:

Public streets and utilities are efficiently laid out;

Public improvements are correctly designed and constructed in accordance with City and County standards;

Appropriate dedications are made of rights-of-way and easements; and

Lots are designed and arranged in a manner appropriate for their intended use.

These subdivision regulations have been prepared in conformance with State Statutes (see K.S.A. 12-749 through K.S.A. 12-752) and replace the earlier regulations adopted in 1977. They apply to all incorporated land in Junction City and all unincorporated land in Geary County.

Section 455.010 Short Title.

[Sub. Reg. § 1-101; Ord. No. G-638, 6-10-1986]

This Chapter shall be known as the "Junction City-Geary County Subdivision Regulations".

Section 455.020 Purpose.

[Sub. Reg. § 1-102; Ord. No. G-638, 6-10-1986]

Responsible land subdivision is the initial step in the process of orderly community development. Once land has been divided into streets, lots and blocks and publicly recorded, the correction of defects is difficult and costly. The purpose of this Chapter is to set forth rules and regulations for the division of real property so that each subdivision shall be properly coordinated with existing streets, utilities and public facilities, and for the future development of these entities. This Chapter will be helpful to City and County Officials and private developers by clarifying requirements and by assuring more uniform application of City and County standards for new subdivisions.

Section 455.030 Authority.

[Sub. Reg. § 1-103; Ord. No. G-638, 6-10-1986; Ord. No. G-783, 1-21-1992; Ord. No. G-793, 2-24-1992]

The requirements and recommendations set forth herein are designed to encourage orderly growth for Junction City and Geary County through responsible land subdivision, and are adopted under authority established by K.S.A. 12-749 and K.S.A. 12-752.

Section 455.040 Jurisdiction.

[Sub. Reg. § 1-104; Ord. No. G-638, 6-10-1986]

This Chapter shall apply to all subdivisions of land within the corporate limits of the City of Junction City, as presently exist or as are hereafter established, and to all unincorporated land in Geary County.

Section 455.050 Applicability.

[Sub. Reg. § 1-105; Ord. No. G-638, 6-10-1986; Ord. No. G-783, 1-21-1992; Ord. No. G-793, 2-24-1992]

The requirements of this Chapter shall apply to any owner or owners desiring to:

Divide or further divide land, or

Carry out legal lot split as defined herein or otherwise alter the boundaries of lots or parcels of land, or

Dedicate land for use as streets, alleys or sidewalks or for other public or private purposes.

Section 455.060 Exemptions.

[Sub. Reg. § 1-106; Ord. No. G-638, 6-10-1986; Ord. No. G-1075, 9-7-2010]

Notwithstanding the requirements of Sections 455.030 through 455.050, this Chapter shall not apply in the following instances or transactions:

The division or further division of land into lots or parcels, each of which contains more than 10 acres, where such subdivision does not involve the creation of any new streets or easements of access as may be determined by the Planning Commission.

A transaction between owners of adjoining land which involves only a change in the boundary between the land owned by such persons, and does not create an additional lot or non-conformity.

A conveyance of land or interest therein for use as right-of-way by railroad or other public utilities subject to State or Federal regulation, where no new street or easement of access is created.

A conveyance made to correct a description in a prior conveyance.

Any transfer by operation of law.

Division of land in the unincorporated areas of Geary County farther than three miles from the City Limits of the City of Junction City into parcels or tracts of at least two acres in size and which do not involve any new streets, roadways, or easement of access.

The issuance of permits for repairs, maintenance, continuance of an existing use or occupancy, including the expansion or rebuilding of an existing principal and/or accessory structure or the construction of a permitted accessory building. This provision shall apply only when the repairs and/or expansion conform to all applicable ordinances and codes relating to lot coverage, building setbacks and zoning. In addition, no building permit, zoning certificate or occupancy certificate shall be issued for a building or structure on any unplatted lot, tract or parcel of land until the applicant has first shown, by satisfactory evidence to the building permit issuing officer or his (her) delegated agent, that the following conditions exist:

The tract or parcel is not landlocked, i.e., has proper frontage and access to a public road or street.

The tract or parcel has access to all utility and telephone services by way of a recorded easement dedicated to the public. The easement serving the property shall not be less than 20 feet in width where adjacent to a rear property line or less than 10 feet in width where adjacent to a side property line. The easement shall extend continuously to a service entrance point and exit point for all the utilities and telephone services. If easements providing such service are not present, said easements shall be provided by separate instrument.

Any required permit for utility service has been obtained.

The proposed building site, as designated on a plot plan, is not located on land subject to flooding. Any designated flood hazard areas, channels or waterways which exist on the property and which carry runoff from adjacent property or public roads shall be protected by a recorded grant of easement, dedication or similar devise.

If the property is located adjacent to a public road right-of-way that does not conform to the requirements of these regulations, additional right-of-way shall be granted by dedication by separate instrument to conform to the provisions of these regulations.

It shall be the responsibility of the property owner or his agent to provide the Zoning Administrator copies of recorded instruments which show both the name of the current owner and a complete legal description of the property for which an exemption is requested.

Any request made in writing to the Zoning Administrator for a determination of being exempt from these regulations shall be answered, in writing, either in the affirmative or negative within 30 days of the filing of the request, or the exemption shall be considered granted.

Section 455.070 Division Of Responsibility.

[Sub. Reg. § 2-101; Ord. No. G-638, 6-10-1986]

Administration of this Chapter is vested in the following governmental branches, agencies, departments or individuals of the City and County Governments:

Office of the person designated as the Administrator of this Chapter.

Junction City-Geary County Metropolitan Planning Commission.

Board of Commissioners of Geary County.

Each of the above-named governmental branches, agencies, departments or individuals shall have the responsibilities hereinafter set forth.

Section 455.080 Duties Of The Office Of The Administrator.

[Sub. Reg. § 2-102; Ord. No. G-638, 6-10-1986]

The Administrator shall administer the provisions of this Chapter and in furtherance of such authority, shall:

Maintain an up-to-date subdivision ordinance, including amendments thereto and permanent and current records with respect to this Chapter.

Receive, file and transmit application, sketch plans, preliminary plats and final plats, to the designated review groups as specified in this Chapter.

Inform applicants of the procedural requirements for subdivision approval; discuss and review sketch plans in regard to the type and density of use as proposed in the Comprehensive Plan.

Section 455.090 Duties Of The Junction City-Geary County Metropolitan Planning Commission.

[Sub. Reg. § 2-103; Ord. No. G-638, 6-10-1986]

The Junction City-Geary County Planning Commission shall:

Review and approve, approve conditionally, or disapprove the preliminary plats.

Review and approve or disapprove final plats.

Transmit the final plat to the appropriate Governing Body for acceptance or rejection of dedications of streets, alleys and other public ways and sites.

Make such other determinations and decisions as may be required of the Planning Commission from time to time by this Chapter or the applicable Sections of the Kansas Statutes, annotated.

Section 455.100 Duties Of The City Commission Of Junction City.

[Sub. Reg. § 2-104; Ord. No. G-638, 6-10-1986]

The City Commission shall review all final plats lying within the City and accept or reject dedications of streets, alleys and other public ways and sites shown on such plats. The City Commission shall also accept or reject financial guarantees from subdividers in lieu of immediate completion or installation of improvements required by this Chapter.

Section 455.110 Duties Of The Board Of County Commissioners Of Geary County.

[Sub. Reg. § 2-105; Ord. No. G-638, 6-10-1986]

The County Commission shall review all final plats lying in the unincorporated area of Geary County and accept or reject dedications of streets, alleys and other public ways and sites shown on all plats. The County Commission shall also accept or reject financial guarantees from subdividers in lieu of immediate completion or installation of improvements required by this Chapter.

Section 455.120 Filing Fees.

[Sub. Reg. § 2-106; Ord. No. G-638, 6-10-1986]

The filing fees shall be those stated in Section 400.380 of this Code.

Section 455.130 Enforcement.

[Sub. Reg. § 2-107; Ord. No. G-638, 6-10-1986]

No plat or subdivision shall be approved which does not comply with the provisions of this Chapter.

Section 455.140 Sketch Plan.

[Sub. Reg. § 3-101-3-102; Ord. No. G-638, 6-10-1986]

Submission Of Sketch Plan. At the option of the subdivider, a sketch plan may be submitted prior to any formal application for subdivision approval. The sketch plan shall be drawn to scale and contain the information set out in Section 455.200 of this Chapter. There shall be no fee for submitting a sketch plan.

Review Of Sketch Plan. The Administrator shall review the sketch plan and shall be available to meet with the subdivider to discuss any findings or recommendations. The purpose of the review shall be to inform the applicant of the requirements of local development regulations as they apply to the property in question and to alert the applicant to potential problems with the location or design of the subdivision. One copy of the sketch plan shall be retained by the Administrator for his/her records.

Section 455.150 Preliminary Plat.

[Sub. Reg. § 3-201-3-208; Ord. No. G-638, 6-10-1986; Ord. No. G-1036, 5-12-2008]

Application For Subdivision Approval. Any person desiring to subdivide land that is subject to the provisions of this Chapter shall file with the office of the Administrator a completed application form and the appropriate filing fee.

Filing Of Preliminary Plat. 36 copies of the preliminary plat and additional information as required by Section 455.210 shall be filed with the office of the Administrator. The copies of the preliminary plat and all appropriate information shall then be transmitted to the Planning Commission for appropriate action.

Filing Fee. The preliminary plat shall not be accepted for filing until a filing fee therefore has been paid by the subdivider and all required drawings and information submitted.

Contents Of Preliminary Plat. The preliminary plat shall contain information and data set out in Section 455.210 of this Chapter.

Distribution And Review Of Preliminary Plat. The Administrator shall distribute one or more copies of the preliminary plat to the following governmental agencies, departments, and other persons as may be deemed appropriate for the particular proposed subdivision: The Planning Commission, City and/or County Engineer, the Fire Department, the Police Department, the appropriate Health Department, the School District, the Zoning Administrator, State Highway Department (if the subdivision is adjacent to a State highway), and any utility companies providing gas, electric, telephone or water service in or near the subdivision. The agencies, departments and persons named in this Section shall have a minimum of 10 working days to review the preliminary plat and to make their report and recommendations to the Planning Commission. The agencies, department and appropriate persons named in this Section shall return the preliminary plat, report and recommendations to the Planning Commission. If such report has not been returned to the Planning Commission within 10 working days after receiving a plat for review, the proposed plat shall be deemed to be in conformance with the laws, rules or policies of the reviewing agency or department.

Action By Planning Commission On Preliminary Plat. The Planning Commission shall review the preliminary plat and consider the report and recommendations of the agencies, department and persons to whom the preliminary plat has been submitted for review and may conduct a public hearing, at which time interested persons may attend and offer evidence in support of and against such preliminary plat.

The Planning Commission shall determine, based on the evidence before it, whether the preliminary plat meets the design standards and requirements of this Chapter, and conforms to the requirements of the Zoning Regulations, general development plan and other applicable provisions of the jurisdictional area.

If the preliminary plat does comply with all requirements, the Planning Commission shall approve the preliminary plat and endorse such approval on the face of the plat.

If the preliminary plat is in general compliance but not complete compliance, the Planning Commission may grant conditional approval of the preliminary plat. The conditions of such approval shall specify the modifications necessary to achieve full compliance. No final plat shall be approved unless such modifications are included to the satisfaction of the Planning Commission. The approval of the Planning Commission and the conditions of approval shall be recorded on or attached to the preliminary plat.

If the preliminary plat is not in compliance with all requirements, the Planning Commission shall disapprove the preliminary plat. Within 10 days of its final action, the Planning Commission shall notify the subdivider in writing of the reasons for disapproval.

If the preliminary plat is disapproved, the subdivider may modify the preliminary plat and re-submit it to the Planning Commission. If the plat is amended and re-submitted within 60 days of the disapproval of the original preliminary plat, no filing fee shall be required.

Failure Of Planning Commission To Act On Preliminary Plat. If the Planning Commission fails to approve or disapprove the preliminary plat within 60 days from the date the preliminary plat and all required information is filed, then such preliminary plat shall be deemed to have been approved unless the subdivider shall have consented to extend or waive such time limitation.

Effect Of Approval Of Preliminary Plat. Approval of the preliminary plat shall not constitute acceptance of the subdivision by the Planning Commission, but shall be considered permission to prepare and submit a final plat. Preliminary plat approval shall be effective for no more than 12 months from the date approval was granted unless, upon the request of the subdivider, the Planning Commission grants an extension. If preliminary plat approval expires, the preliminary plat must be re-submitted as if no such plat had ever been approved; except that no additional filing fee shall be charged for such re-submission.

Section 455.160 Final Plat.

[Sub. Reg. § 3-301-3-311; Ord. No. G-638, 6-10-1986; Ord. No. G-743, 11-27-1989; Ord. No. G-783, 1-27-1992; Ord. No. G-793, 2-24-1992; Ord. No. G-1036, 5-12-2008]

Filing Of Final Plat. The final plat, on material acceptable to the City and County, together with 36 copies thereof, shall be filed with the Administrator's office. Also included shall be an electronic drawing file, acceptable to City and County, with a minimum of two quarter section monuments located in the electronic drawing file.

Action By The Planning Commission. The Planning Commission shall approve or disapprove the final plat within 60 days after it has been submitted for final approval. If the Planning Commission disapproves the final plat, it shall advise the subdivider in writing of the reasons for such disapproval within 10 days after such action. The Planning Commission shall approve a final plat if it is:

Substantially the same as the approved preliminary plat;

There has been compliance with all conditions, restrictions and requirements of this Chapter and of all other applicable ordinances of the City;

There has been compliance with any conditions that may have been attached to the approval of the preliminary plat.

Failure Of Planning Commission To Act On The Final Plat. If the Planning Commission fails to act on the final plat within 60 days after it has been submitted for final approval, it shall be deemed to have been approved unless the subdivider shall have consented to extent or waive such time limitations.

Submission To Governing Body (City Commission Or County Commissioners). Before a final plat is recorded it shall be submitted to the appropriate Governing Body for its acceptance or rejection of streets and other public ways, service and utility easements, and land dedicated for public use. Acceptance of the dedications shall be shown over the signature of the Mayor and attested by the City Clerk and/or the Chairman of the Board of County Commissioners and attested to by the County Clerk. If the Governing Body rejects any dedications on the final plat, they shall advise the subdivider in writing of the reasons for such rejection.

Failure Of Governing Body To Act On Final Plat. The Governing Body (City Commission or County Commissioners) shall either accept or reject the dedications within 30 days after the first meeting of the Governing Body following the date of submission of the plat to the City or County Clerk thereof. 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.

Staged Development Of Final Plat. The foregoing provisions of this Chapter to the contrary notwithstanding, an approved preliminary plat may be submitted for final approval in separate geographic units rather than as a whole, provided the following conditions are met:

Each unit of a plat of subdivision for single-family residences shall contain an area of sufficient size based on physical conditions and ability to install improvements economically. Such units should, if possible, contain at least 20 lots.

The approval of the Planning Commission upon the advice of local Engineering Officials as to the feasibility of such development, in separate units, including the feasibility of the proposed sequence of development shall be secured.

A final plat of at least one unit shall be submitted for approval within 12 months from the date of approval of the preliminary plat, and final plats of all such units shall be submitted for approval within five years from the date that the preliminary plat was approved. The Planning Commission on application of the subdivider, may from time to time, grant extensions on time within which to submit such final plats, provided that each such extension shall be for no more than one year.

All steps required for the approval of the final plats, including the recording thereof, shall be adhered to with respect to each unit so submitted.

Authorization For Approval Of Plats For Small Tracts. Any other provision of this Chapter to the contrary notwithstanding, if a proposed plat of subdivision or resubdivision complies with the requirements of Subsection H of this Section, then the Planning Commission may approve a final plat of such subdivision or resubdivision when a preliminary plat has not been submitted to or approved by the Planning Commission. The Administrator shall be responsible for determining whether a proposed plat meets the requirements of Subsection H of this Section.

Requirements Of Approval Of Plats For Small Tracts. In order to qualify for approval in the manner provided in Subsection G of this Section, a proposed plat of subdivision shall comply with the following requirements:

The proposed plat of subdivision shall include not more than five acres;

The proposed plat of subdivision shall create not more than five lots, tracts or parcels of land;

No public street or travel easement is sought to be dedicated through the lot, parcel or tract to be subdivided or resubdivided.

The proposed plat of subdivision shall be in the form required by Article V of this Chapter and shall contain all the data, information and certificates required on final plats by Article V of this Chapter.

Procedure For Approval Of Plats For Small Tracts.

Final plats submitted for approval pursuant to Subsection G of this Section shall be filed with the Administrator so that the plat may be submitted to the Planning Commission for review. The Planning Commission may require the subdivider to submit the topographic information listed in Article V of this Chapter whenever the property proposed to be subdivided or resubdivided is traversed by, or is adjacent to, a known water course, including intermittent streams.

The approval of final plats by the Planning Commission pursuant to Subsection G of this Section shall be subject to the provisions of Subsections A through E of this Section inclusive, of this Chapter except insofar as the said Sections require prior approval of, or compliance with, an approved preliminary plat.

Building And Other Permits. No building permit or occupancy certificate shall be issued for a building or structure on any lot, tract or parcel of any subdivision that is subject to the provisions of this Chapter until a copy of the recorded plat of subdivision is available for examination by the official charged with issuing building permits and/or occupancy certificates. No such permits or certificates shall be issued until there has been compliance with all of the provisions of this Chapter and conditions of plat approval.

Recording Of The Final Plat. No plat shall be recorded or filed with the office of the Register of Deeds until such plat has been approved by the Planning Commission; all dedications of rights-of-way, easements and other property have been accepted by the appropriate Governing Body; and the design and financing of all improvements has been agreed to by both the subdivider and the appropriate Governing Body. The financial responsibility for the cost of recording the plat with the Register of Deeds shall be borne solely by the subdivider.

Section 455.170 General Intent.

[Sub. Reg. § 4-101; Ord. No. G-638, 6-10-1986]

The Planning Commission is hereby authorized to approve or disapprove lot splits in accordance with the following Regulations.

Section 455.180 Application Procedure.

[Sub. Reg. § 4-102; Ord. No. G-638, 6-10-1986]

Requests for lot split approval shall be made by the owner of the land to the Administrator. Four copies of a drawing to scale of lots involved if there are no structures thereon, or if structures are located on any part of the lot being split, four copies of a survey of the lot(s) and the location of the structure(s) thereon, together with the precise nature, location and dimensions of the split, shall accompany the application. The application shall be accompanied by the names and addresses of all persons to receive notices. Written notices shall be given to all owners of land within 200 feet of the property proposed to be split. Such owners shall have 10 days from the date of notification to notify the Administration of any protests they may have concerning the lot-split. The 10 day waiting period may be waived by the Administrator upon submission in writing of statements from those to be notified that they have no objection to the proposed lot split.

Section 455.190 Approval Guidelines.

[Sub. Reg. § 4-103; Ord. No. G-638, 6-10-1986; Ord. No. G-783, 1-27-1992; Ord. No. G-793, 2-24-1992]

Approval or disapproval of lot splits shall be made based on the following guidelines:

No lot split shall be approved if:

A new street or alley is needed or proposed.

A vacation of streets, alleys, setback lines, access control of easements is required or proposed.

If such action will result in significant increases in service requirements, (e.g., utilities, schools, traffic control, streets, etc.); or will interfere with maintaining existing service levels, (e.g. additional curb cuts, repaving, etc).

There is less street right-of-way than required by this Chapter or the Comprehensive Plan unless such dedication can be made by separate instrument.

All easement requirements have not been satisfied.

If such split results in a tract without direct access to a street.

A substandard sized lot or parcel will be created.

The lot has been previously split in accordance with this Article.

The Planning Commission may make such additional requirements as deemed necessary to carry out the intent and purpose of existing land development regulations and Governing Body policy and to avoid any conflict with any other Section of the Subdivision or Zoning Regulations.

Requirements may include, but not be limited to, installation of public facilities, dedication of right-of-way and easements.

The Planning Commission shall, in writing, either approve with or without conditions, or disapprove the lot split within 30 days of application. If approved, and after all conditions have been met, the Chairman of the Planning Commission shall sign and furnish a Certificate of Approval to be affixed to the lot-split survey, and a certified copy thereof shall be filed with the Register of Deeds, the official designated to issue building or occupancy permits, and a copy shall be furnished to the applicant.

Section 455.200 Contents Of Sketch Plan.

[Sub. Reg. § 5-101; Ord. No. G-638, 6-10-1986]

Prior to the filing of a preliminary plat, the subdivider should submit to the office of the Administrator plans and data showing the subdivider's ideas and intentions in the platting of the proposed subdivision in conformance with Section 455.140A. The subdivider should outline and describe the existing conditions or the site and the proposed development to supplement the drawings and sketches required below.

A general location map shall be prepared and submitted and shall show the proposed subdivision and its relationship to existing community facilities. Such location shall show the location and name of the subdivision, existing main traffic arteries, schools, parks and playgrounds.

A sketch plan drawn to scale shall be prepared and submitted showing the proposed layout of streets, lots, and other features in relation to existing utilities and other conditions. Proposed land use, parks, playgrounds and other public areas shall be shown on the sketch plan. This plat may be submitted in the form of a free-hand pencil sketch made on a map in scale.

The subdivider shall submit the following with the sketch plan:

A statement describing the existing and proposed community facilities and utilities on and adjacent to the property to be subdivided.

A statement of proposed protective covenants, if any.

A statement of the approximate number of lots the proposed subdivision will contain, together with typical proposed lot widths and depths.

Aerial and ground photographs which show the character and topographic features of the land, if available.

Section 455.210 Contents Of Preliminary Plat.

[Sub. Reg. § 5-102; Ord. No. G-638, 6-10-1986; Ord. No. G-1029, 1-15-2008]

The preliminary plat for a subdivision shall be a formal plan, drawn to scale, indicating prominent existing features of a tract and its surroundings and the general layout of the proposed subdivision and shall meet the requirements outlined herein. The preliminary plat shall contain the following information:

Proposed name of the subdivision. Names shall not duplicate nor too closely resemble names of existing subdivisions.

Location of boundary lines in relation to section, quarter section, or quarter-quarter section lines and any adjacent corporate boundaries, compromising a legal description of the property.

The names and addresses of the owner, subdivider, and engineer or surveyor.

The scale of the plat shall be one inch equals 100 feet.

The date, north point, and legend.

A general location map showing section lines, the subdivision, adjacent subdivisions, corporate limits, main traffic arteries and other prominent features.

The layout, number and approximate dimensions of lots, the number or letter of each block, and the minimum lot size in square feet.

Existing Conditions.

The location, width, and name of each existing or platted street or other public way, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings within or adjacent to the proposed subdivision, and other important features such as section lines and corners, survey monuments, and political subdivision boundaries.

All existing sewers, water mains, gas mains, culverts, or other underground installations within the proposed subdivision or immediately adjacent thereto, with pipe size, grade, and locations shown.

The names of adjacent subdivisions, or in the case of unplatted land, the name of the owner(s) of adjacent property.

Topography (unless specifically waived by the City or County Engineer) with contour intervals of not more than five feet, referenced to USGS datum; the locations of watercourses, ravines, bridges, lakes, wooded areas, approximate acreage, and such other existing features as may be pertinent to subdivision. In areas where grades are gentle, a lesser contour interval may be required.

The location and character of all adjacent existing public utility lines, including sewers (storm and sanitary), water, gas and power lines. If a community sewage treatment plant or other type of community disposal system is to be installed or constructed to serve all or certain portions of the proposed subdivision, the general plan for such community type sewage treatment or disposal system shall be shown and so identified on the preliminary plat.

Areas subject to flooding by a storm having the probability of occurring once in 50 years, and areas in the official 100-year floodplain (as determined by the Federal Emergency Management Agency) shall be shown.

Zoning on and adjacent to the tract.

Location, elevation, and description of the bench mark controlling the vertical survey which should, wherever possible, tie to USGS datum.

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.

Streets, showing the location, width, names and approximate grades thereof. The preliminary plat shall show the relationship of all streets to any projected streets shown on any development plan adopted by the Planning Commission or Governing Body, or if no such development plan has been completed, then as suggested by the Planning Commission. Where the plat submitted includes only part of the tract owned by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider.

No street names shall be used which will duplicate or be confused with the names of existing streets. Existing street names shall be used where they are or would be logical extensions of existing streets, even though separated by undeveloped land. Street names shall be subject to the approval of the Planning Commission.

Location and size of proposed parks, playgrounds, church or school sites, or other special uses of land to be considered for dedication to public use, or to be reserved by deed or covenant for the use of all property owners in the subdivision, and any conditions of such dedications or reservation.

Easements showing width and purpose.

Building setback lines with dimensions.

Sites, if any, to be allocated for development with other than single-family dwellings and indication of any lots on which use other than residential is proposed by the subdivider.

Location and type of utilities to be installed.

Location and width of proposed sidewalks in conformance with Section 455.220(2).

Preliminary engineering grading plans shall be required.

The location and character of all proposed utilities.

10.

The following data and information shall be submitted with the preliminary plat. If practical, such data and information may be shown on the preliminary plat. Otherwise, separate statements and/or maps shall accompany the preliminary plat.

Proposed deed restrictions, if any, in outline form.

A statement of the manner in which it is proposed to finance improvements, and a statement of the improvements that are to be installed by special assessment.

A statement of the improvements that will be installed by the developer and the time when such improvements will be completed. This statement shall be of sufficient detail to permit determination of whether such improvements will comply with this Chapter, and other applicable Statutes, ordinances and regulations. If the nature of the improvements is such that preparation and submittal of all necessary details prior to the approval of the preliminary plat is not practical, then the Planning Commission may waive the submission of such details, provided that the additional data is submitted at least 30 days prior to the date that approval of the final plat is requested.

Preliminary plans and profiles of streets, sanitary sewers, storm sewers and water lines may be required. The location of bridges and culverts may also be required.

If septic tanks are proposed, the developer shall submit a report prepared by a professional engineer discussing the feasibility of using septic tanks. Percolation tests made for every type of soil encountered on the site, with at least one test for every 20 acres of the proposed subdivision shall be included in the report. If the water supply for the subdivision is to be from a well or wells, the report shall consider the effects of septic tanks on ground water.

If deemed necessary during preliminary plat review and approval by the Planning Commission, City Commission or City Engineer, a traffic study and/or drainage study shall be included.

Section 455.220 Contents Of Final Plat.

[Sub. Reg. § 5-103; Ord. No. G-638, 6-10-1986; Ord. No. G-1029, 1-15-2008; Ord. No. G-1036, 5-12-2008]

The final plat shall be a complete and exact subdivision plat, prepared for official recording as required by Statute, to define property boundaries, proposed streets, and other improvements.

The final plat shall be prepared by a registered land surveyor or a licensed professional engineer, and bear his/her official seal.

The final plat shall be drawn in waterproof black ink on permanent reproducible material acceptable to the County.

The final plat prepared for recording purposes shall be drawn at a scale of no less than one inch equals 100 feet. The size of the sheets on which final plats are submitted shall be at least 16¼ inches by 19 inches, and shall not exceed 24 inches by 36 inches. Each sheet shall have a 1¼ binding edge along the left side (narrow dimension) and a ¼ inch border along all other sides. Where the proposed plat is of unusual size, the final plat shall be submitted on two or more sheets of the same dimensions. If more than two sheets are required, an index sheet of the same dimensions shall be filed showing the entire development at a smaller scale.

The final plat shall show and contain the following information:

The name of the subdivision (not to duplicate or closely approximate the name of any existing subdivision).

The location by section, township, range, County and State, and including legal descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions which must mathematically close. The allowable error of closure on any portion of a final plat shall be not more than one in 3,000 for residential subdivision and one in 10,000 for commercial subdivisions. All calculations shall be furnished showing bearings and distances of all boundary lines and lot lines.

The locations of the boundary shall be shown in reference to existing official monuments or the nearest established street lines, including true angles and distances to such reference points or monuments. In addition, all corners of the plat boundary shall be clearly identified on the plat using NAD 1983 State Plane Kansas North coordinates.

The location of lots, streets, public highways, alleys, parks and other features with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points and points of curves to lot lines.

Lots Shall Be Clearly Numbered. If blocks are to be numbered or lettered, these should be shown clearly in the center of the block.

The exact locations, right-of-way widths, and names of all streets to be dedicated and the right-of-way width and name of any existing streets.

The location and width of all easements to be dedicated. If the easement is being dedicated by the plat, it shall be properly referenced in the owner's Certificate of Dedication.

Boundary lines and description of boundary lines of any areas other than streets and alleys which are to be dedicated or reserved for public use.

Building setback lines on front and side streets with dimensions.

The locations of all monuments required to be installed by the provisions of this Chapter.

The names of adjoining subdivisions.

The names and addresses of the developer, surveyor and/or professional engineer making the plat.

The date, scale (the scale to be shown graphically and in feet per inch), north point, and legend.

The following certificates, which may be combined, where appropriate:

(1)

A certificate signed and acknowledged by all parties having any record, title, or interest in the land subdivided, and consenting to the preparation and recording of the said subdivision map.

(2)

A certificate signed and acknowledged as above, dedicating all parcels of land shown on the final plat and intended for any public use except, those parcels which are intended for the exclusive use of the lot owners of the subdivision, their licensees, visitors, tenants and servants.

(3)

A certificate signed by the registered land surveyor responsible for the survey and final map, in the following form:

I, the undersigned, do hereby certify that I am a registered (Land Surveyor) in the State of Kansas, with experience and proficiency in land surveying; that the heretofore-described property was surveyed and subdivided by me or under my supervision; that all subdivision regulations of the (City of Junction City, Kansas) (Geary County, Kansas) have been complied with in the preparation of this plat and that all the monuments shown herein actually exist and their positions are correctly shown to the best of my knowledge and belief. Given under my hand and seal at _______________, _______________ this _______________ day of _______________, A.D., 20_____.

The signature of the surveyor shall be accompanied by his/her seal.

(4)

The acknowledgement of a notary in the following form:

State of Kansas, County of Geary, SS: Be it remembered that on this _______________ day of _______________, 20_____, before me, a notary public in and for said County and State, came _______________, to be personally known to be the same person who executed the foregoing instrument of writing and duly acknowledged the execution of same. In testimony whereof I have hereunto set my hand and affixed my notarial seal the day and year above-written.
	(Seal) ____________________, Notary Public
My Commission Expires ____________________________

(5)

The certificate of the Planning Commission in the following form:

This plat of _______________ has been submitted to and approved by the Junction City-Geary County Metropolitan Planning Commission, Junction City, Kansas.
Dated this ________________ day of _______________, 20_____. Junction City-Geary County Metropolitan Planning Commission.
	By ____________________, Chairman
	_____________________, Secretary

(6)

The approval of dedication by the City Commission in the following form:

The dedications shown on this plat are hereby accepted by the City Commission on this _______________ day of _______________, 20_____.
	____________________, Mayor
	____________________, City Clerk

(7)

The acceptance of dedications by the Board of County Commissioners, in the following form:

The dedications shown on this plat are hereby accepted by the Board of County Commissioners, Geary County, Kansas this _______________ day of _______________, 20_____.
	____________________, Commissioner
	____________________, Commissioner
	____________________, Commissioner
	____________________, County Clerk

(8)

The certificate of the Register of Deeds in the following form:

This is to certify that this instrument was filed for record in the Register of Deeds Office on the ________________ day of _______________, 20_____, at _______________ o'clock, and is duly recorded.
	____________________, Register of Deeds
	____________________, Deputy

(9)

Provision for all other certifications, approvals and acceptances which are now, or which may hereafter be required by any Statute, ordinance, or regulation, including a certificate showing that all taxes due and payable have been paid in full.

The following additional date shall be submitted with the final plat:

(1)

A title report by an abstract or title insurance company, or an attorney's opinion of title, showing the name of the owner of the land and all other persons who have an interest in, or an encumbrance on the plat. The consent of all such persons shall be shown on the plat.

(2)

A copy of any deed restrictions applicable to the subdivision.

The following data shall be submitted with the final plat if deemed necessary during the preliminary plat review by the Planning Commission, City Commission or City Engineer.

(1)

A copy of drainage and/or traffic studies.

Section 455.230 Scope.

[Sub. Reg. § 6-101; Ord. No. G-638, 6-10-1986]

All subdivisions of land subject to this Chapter shall conform to the design standards of this Article.

Section 455.240 Development Plan.

[Sub. Reg. § 6-102; Ord. No. G-638, 6-10-1986]

No subdivision shall conflict with the Comprehensive Plan of the City of Junction City or Geary County.

Section 455.250 Access.

[Sub. Reg. § 6-103; Ord. No. G-638, 6-10-1986]

All lots located in any subdivision shall be served directly by a public street except that private streets may be permitted as a part of a Planned Unit Development or equivalent thereto.

Section 455.260 Parks, Playgrounds, Open Space, Schools, Streets And Public Facility Sites.

[Sub. Reg. § 6-104; Ord. No. G-638, 6-10-1986]

Proposed subdivision land should provide open spaces suitably located and of reasonable size for parks, playgrounds, play lots and other recreational areas as well as reservation of land for school sites, fire station sites, other public facilities and future streets (such as freeways). The Planning Commission, based on the Comprehensive Plan, may require as a condition precedent to approval of any subdivision plat:

The said subdivider offers to sell to the appropriate public body, agency or authority, lands, sites and locations for parks, playgrounds, open space, schools, streets, or other public facilities; however, nothing herein shall be construed as to prohibit the subdivider from making an offer of dedication of such lands. As soon as the preliminary plat has been received and reviewed the Planning Commission shall give 45 days' notice to the Governing Body, agency or department that lands should be considered for public acquisition. If within that 45 days the body receiving notice fails to act or submits a negative report on acquisition, then the subdivision and design thereof shall be treated as if no such request for land had been made.

If the body receiving notice replies in writing that they desire to acquire land within the subdivision, they shall have an additional 45 days after making such reply to make arrangements for such land acquisition.

The time allocated for making the above determination may be extended with the mutual consent of the subdivider and the agency involved.

Section 455.270 Streets-Layout And Design.

[Sub. Reg. § 6-105; Ord. No. G-638, 6-10-1986; Ord. No. G-873, 8-18-1998; Ord. No. G-1136, 11-19-2013]

The arrangement, character, extent, width, grade and location of all streets shall conform to the Comprehensive Development Plan and shall be considered in their relation to existing and planned streets, topographical conditions, to public convenience and safety, and their appropriate relation to the proposed uses of the land to be served by such streets. A developer desiring to construct any street improvement shall in addition to any Planning Commission review and approval, apply to the City of Junction City, Engineering Department for approval of the location, dimensions, design, construction methods and material for such street. Street improvements shall be designed per the City Engineering Design Standards as adopted by resolution of the City Commission.

Where such is not shown on the development plan, the arrangement of streets in a subdivision shall either:

Provide the continuation or appropriate projection of existing principal streets in surrounding areas; or,

Conform to a plan for the neighborhood approved and adopted by the Planning Commission to meet a particular situation where topographic or other conditions make continuance or conformance to existing streets impracticable.

Local streets shall be laid out so that their uses by through traffic will be discouraged.

If a subdivision abuts or contains an existing or proposed limited access highway or arterial street, the Planning Commission may require marginal access streets, reverse frontage with screened planting contained in a non-access reservation along the rear property line, deep lots with rear service alleys or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

If a subdivision borders on, or contains a railroad right-of-way or a limited access highway, the Planning Commission may require a street approximately parallel to and one each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

Reserve strips controlling access to streets shall be prohibited except where their control is placed with the Governing Body under conditions approved by the Planning Commission.

Street jogs are to be avoided on arterial and collector streets. On local streets with right-of-way of 60 feet or less, centerline offsets of less than 100 feet shall be avoided.

(Reserved)

The minimum right-of-way width, roadway width, and other relevant design criteria for all new streets shall be designed per the City Engineering Design Standards as adopted by resolution of the City Commission.

(Reserved)

Cul-de-sacs shall be designed per the City Engineering Design Standards as adopted by resolution of the City Commission.

(Reserved)

Sidewalks shall be required on both sides of all streets in urban subdivisions. Minimum sidewalk width shall be five feet. Sidewalks shall be designed per the City Engineering Design Standards as adopted by resolution of the City Commission. The Planning Commission, subject to approval of the City Commission, may permit sidewalks at the curb line on local residential streets.

Street grades shall be designed per the City Engineering Design Standards as adopted by resolution of the City Commission.

Cul-de-sac islands, if constructed, shall be designed per the City Engineering Design Standards as adopted by resolution of the City Commission.

Section 455.280 Alleys.

[Sub. Reg. § 6-106; Ord. No. G-638, 6-10-1986; Ord. No. G-1136, 11-19-2013]

Alleys shall be provided in commercial and industrial districts, except that the Planning Commission may waive this requirement where other definite and assured provisions are made for service access, such as off-street loading, unloading and parking spaces consistent and adequate for the uses proposed. Alleys in residential districts are to be discouraged.

(Reserved)

Alley intersections and sharp changes in alignment shall be avoided, but where necessary, a turning radius shall be provided to permit safe vehicular movement.

Dead-end alleys shall be avoided where possible, but is unavoidable, such alleys shall be provided with adequate turnaround facilities at the dead-end.

Construction of alleys shall be designed per the City Engineering Design Standards as adopted by resolution of the City Commission.

Section 455.290 Blocks.

[Sub. Reg. § 6-107; Ord. No. G-638, 6-10-1986]

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

Provision of adequate building sites suitable for the special needs of the type of use contemplated.

Zoning requirements as to lot sizes and dimensions.

Need for convenient access, circulation, control and safety of street traffic.

Limitations and opportunities of topography.

A block should not exceed 1,300 feet in length, unless such block is adjacent to a limited access highway or arterial street or unless the previous adjacent layout or topographical conditions justify a variation of this requirement.

All blocks shall be so designed so as to provide two tiers of lots, unless a different arrangement is required in order to comply with Section 455.270D and M, or is permitted by Section 455.270G.

Blocks may be irregular in shape, provided they are harmonious with the overall pattern of blocks in the proposed subdivision, and provided their design meets the requirements of lot standards, traffic flow and control considerations, and development plan requirements.

In blocks of 800 feet or more in length, a public crosswalk for pedestrian travel may be required to provide access to public or private facilities such as schools or parks. Such crosswalk shall have a right-of-way not less than 10 feet, and extend entirely across such block at approximately the midpoint of the length of such right-of-way, and constructed in accordance with the requirements for sidewalk improvements. (See Section 455.370(2)).

Section 455.300 Lots.

[Sub. Reg. § 6-108; Ord. No. G-638, 6-10-1986]

The lot size, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

Lot dimensions shall conform to the requirements of the Zoning Regulations unless established in accordance with this Subsection B of this Section. In those areas where there may be municipal type water and sanitary water sewer facilities, but which are not yet available, the lots shall be so designed and arranged that they may be readily converted to urban type building sites without replatting. When such a condition prevails land should be subdivided into lots having a frontage of 75 feet and an area of 10,000 square feet, so that a combined building site is created with an area of not less than 20,000 square feet. In no instance shall the minimum lot width be less than 60 feet. The creation of such a building site through use of multiple groups of lots shall be contingent upon the establishment for record of restrictive covenants satisfactory to legal counsel of the Planning Commission providing that no more than one dwelling unit shall be built on an aggregate group of lots having an area of less than 20,000 square feet, until such time as municipal type water and sewer service is available.

The maximum depth of all residential lots (except lots intended for townhouses) shall not exceed 2½ times the width thereof. For all other lots, the depth shall not exceed three times in width.

The minimum widths of residential lots measured at the setback lines thereof shall not be less than:

60 feet when the lot contains an area of 6,000 square feet but less than 8,750 square feet.

75 feet when the lot contains an area of 8,750 square feet or more, but less than 15,000 square feet.

90 feet when the lot contains an area of 15,000 square feet or more, but less than 20,000 square feet.

100 feet when the lot contains an area of 20,000 square feet or more, but less than 30,000 square feet.

125 feet when the lot contains an area of 30,000 square feet or more, but less than one acre.

150 feet when the lot contains an area of one acre or more.

Where lots front upon a cul-de-sac or curved street having a radius of 200 feet or less, the minimum lot widths set forth above in Subsection D, shall be measured at the building setback line along an arc parallel to the right-of-way of such cul-de-sac or curved street. Such lots shall also be laid out so that their lot frontage, as measured on the arc of such right-of-way line, is not less than 50% of the required lot width measured at the building setback line.

The area of the street right-of-way shall not be included and calculated in the area of the lot with respect to minimum lot area requirements of this Chapter or of any Zoning Ordinance applicable to the property. Lots shall be required to have more than the minimum area dimensions provided for in this Section where such greater area or dimensions are required to meet the yard requirements of the Zoning Ordinance.

There shall be no double frontage lots for individual dwellings (e.g., single and two family units), except where the lots abut upon a limited access highway or arterial street or where the topography of the land prevents reasonable subdivision in small units. Double frontage lots shall not have vehicular access between such lots and an abutting limited access highway or arterial street; moreover, lots abutting such highway or street shall have an additional depth of 10 feet from the required depth in order to allow a protective screening between the lot and such highway or street if such screening is not required under Section 455.270D.

The depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.

Corner lots for residential use shall have extra width to permit appropriate building setback from an orientation to both streets.

Reversed frontage lots shall be avoided except where such are essential to provide a separation of residential developmental from limited access highways and arterial streets or to overcome specific disadvantages of topography orientation. A planting screen easement of at least 10 feet, and across which there shall be no right of access, shall be provided along the line of lots abutting such limited access highway, arterial street or other disadvantageous use if such screening is not required under Section 455.270D.

Lots on arterial street intersections and all acute angle intersections which, in the opinion of the Planning Commission, are likely to be dangerous to traffic movement shall have a radius of 20 feet at the intersection of street rights-of-way. On business, commercial and industrial lots, a chord may be substituted for a circular arc.

Corner lots shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Planning Commission.

Section 455.310 Easements.

[Sub. Reg. § 6-109; Ord. No. G-638, 6-10-1986]

Easements shall be provided for utilities where necessary, and centered on rear or side lot lines and shall be at least 20 feet wide along rear lot lines and 10 feet wide along side lot lines, except that easements for street lighting purposes shall not in any event be required to exceed 10 feet. Side lot easements when needed for other than street lighting purposes may exceed 10 feet. If a subdivision is traversed by a watercourse, drainage way, channel or stream, then a storm water easement or drainage right-of-way shall be provided. Such easement or right-of-way shall conform substantially to the lines of such watercourse and shall be of such width or construction, or both, as may be necessary to provide adequate storm water drainage and for access for maintenance thereof. Parallel streets or parkways may be required in connection therewith.

Section 455.320 Business, Commercial And Industrial Subdivisions.

[Sub. Reg. § 6-110; Ord. No. G-638, 6-10-1986]

Streets. Notwithstanding the other provisions of this Chapter, the minimum width of streets adjacent to areas designed, proposed or zoned for business, commercial or industrial use may be increased by the Planning Commission to such extent as the Commission may deem necessary to assure the free flow of through traffic without interference from parked or parking motor vehicles.

Blocks. Blocks intended for business, commercial or industrial use shall be designed specifically for such purpose, with adequate spaces set aside for off-street parking and loading.

Marginal Street Access. When lots or blocks in a proposed business, commercial or industrial subdivision front on any limited access highway or arterial street, the subdivider may be required to dedicate and improve a marginal access street to provide ingress and egress to and from such lots or blocks.

Section 455.330 Planned Unit Developments.

[Sub. Reg. § 6-111; Ord. No. G-638, 6-10-1986]

A comprehensive group development, including the townhouses, garden apartment complexes and condominiums together with necessary drives and ways of access may be approved by the Planning Commission although the design of the project does not include standard street, lot and subdivision arrangements; provided that departure from the standards of the regulations can be made without destroying their intent.

For all condominium plats, the following shall apply:

The plat must show existing conditions as required by Section 455.210A8.

A bench mark must be set on or near the building at ground level for future reference in locating units in the plat.

Each floor plan of the permanent structure must be shown as well as basement and roof levels and area of plot plan. The dimensions and ties shown for each parcel must be definite enough with respect to both vertical and horizontal control so that the boundaries of each apartment may be accurately located by the use of standard survey methods.

All unit or apartment property lines shall be the interior surfaces of the perimeter walls, floor, ceiling, windows, and doors thereof.

A condominium plat must contain all of the certificates and approvals required for any plat. There must also be an approval by the official authorized to issue building or occupancy permits indicating that the building plans have been approved by his/her office and a certification by the architect that the plat is in agreement with the building plan.

Section 455.340 Street Construction Standards.

[Sub. Reg. § 6-201; Ord. No. G-638, 6-10-1986; Ord. No. G-873, 8-18-1998; Ord. No. G-1136, 11-19-2013]

Street pavements, grading, curb and gutter, and storm water systems, shall be designed and constructed per the City Engineering Design Standards as adopted by resolution of the City Commission.

Section 455.350 Subdivision Types.

[Sub. Reg. § 7-101; Ord. No. G-638, 6-10-1986; Ord. No. G-1136, 11-19-2013]

For the purposes of this Article, subdivisions shall be classified into the following types:

Urban Subdivisions. All subdivisions for residential purposes within the City of Junction City having or intended to have a density of more than one dwelling unit per 20,000 square foot lot; and all subdivisions or portions thereof for commercial, industrial, and public or semi-public purposes.

Suburban Subdivisions. All other lands within the City of Junction City required to be platted either by Statute or by these Subdivision Regulations.

Section 455.360 Jurisdictions.

[Sub. Reg. § 7-102; Ord. No. G-638, 6-10-1986; Ord. No. G-1136, 11-19-2013]

In setting standards and specifications not covered by this Chapter, approving engineering drawings, inspecting improvements, recommending acceptance of improvements, preparing any petition forms and establishing the amount of surety for guaranteeing the installation of such improvements shall be the responsibility of the appropriate representative of the City of Junction City, Kansas.

Section 455.370 Required Improvements.

[Sub. Reg. § 7-103; Ord. No. G-638, 6-10-1986; Ord. No. G-800, 2-16-1993; Ord. No. G-859, 9-17-1996; Ord. No. G-967, 6-15-2004; Ord. No. G-1029, 1-15-2008; Ord. No. G-1036, 5-12-2008; Ord. No. G-1042, 10-14-2008; Ord. No. G-1136, 11-19-2013]

The developer of a proposed subdivision shall install, or provide for the installation of, the following facilities and improvements:

Streets, roadways, alleys, curbs, gutters and street drainage shall be installed in all subdivisions and/or re-subdivisions. All streets, roadways, alleys, curbs, gutters and street drainage facilities required to be installed shall be designed and constructed in accordance with the City Engineering Design Standards as adopted by resolution of the City Commission.

Sidewalks shall be required on both sides of all arterial and collector streets in both urban and suburban subdivisions. Sidewalks shall be required on both sides of all local residential streets in urban subdivisions. The developer may request an Exception for sidewalks on cul-de-sacs of less than 12 residences or loop drives with less than 18 residences unless the City Commission determines sidewalks are necessary for safety of pedestrian traffic near schools, parks or other areas of high pedestrian traffic. The developer may request an Exception to provide sidewalks on only one side of local streets in suburban subdivisions. Sidewalks shall be guaranteed from curb to curb of intersecting streets rather than to property lines. Sidewalks shall be constructed in the street right-of-way to a minimum width of five feet, unless required larger by the City.

Sanitary sewer lines shall be installed to serve each lot created in a subdivision and/or re-subdivision and designed per City Engineering Design Standards as adopted by resolution of the City Commission. Private sewer lines are prohibited. Not more than one house, business building or commercial building shall be served by each service connection. Any proposed subdivision and/or re-subdivision that seeks to establish lots not served by a sanitary sewer line shall comply with the applicable provisions of the City Code concerning private on-site wastewater treatment systems, and amendments thereto.

A public water supply system shall be installed to serve each lot created in a subdivision and/or re-subdivision. The public water supply system shall be designed and constructed in accordance with the City Engineering Design Standards as adopted by resolution of the City Commission. Lots being created that are not served by a public water supply system shall comply with the applicable provisions of the City Code concerning private on-site wastewater treatment systems, as amended. Water wells established within the City of Junction City shall only be permitted if permitted and constructed by the Sanitary Code of Geary County, Kansas, and amendments thereto. No water well shall be permitted to serve any home, business or industry that is also served by a public water supply system.

Fire hydrants shall be installed in all subdivisions and/or re-subdivisions. Fire hydrants shall be designed and constructed City Engineering Design Standards as adopted by resolution of the City Commission.

Storm sewer system shall be installed in all subdivisions and/or re-subdivisions. Storm sewer systems shall be designed and constructed City Engineering Design Standards as adopted by resolution of the City Commission.

Street signs shall be installed within all subdivisions and/or re-subdivisions as requested by the City Engineer. Street signs location, type and size shall be per City Engineering Design Standards as adopted by resolution of the City Commission.

Wiring or electrical power, telephone and cable television service lines shall be placed underground in all subdivisions within the City of Junction City that are approved from and after November 19, 2013. The developer may request an Exception from this requirement if physical conditions of the land in question make underground installation infeasible. Such request shall be accompanied by a report from the responsible public utility relating to said request and applicable justification for the Exception at the subject site. The Planning Commission shall review the request and make a recommendation to the City Commission.

Underground installation of wiring or electrical power, telephone and cable television service lines shall not be required in flood-plains, drainage easements, major drainage ways or other areas where there is frequently standing water.

10.

Electric distribution or transmission lines with capacities of 3,000 KVA or more shall not be required to be installed underground.

11.

No building permit for new construction of a principal structure shall be issued where underground utilities are required until the utility companies involved have certified that necessary utility lines for that property have been installed or have approved commencement of construction prior to installation of the utility lines.

12.

Any overhead lines in service prior to the effective date of this provision stated above shall not be affected. The installation of underground utilities shall be per the City Engineering Design Standards as adopted by resolution of the City Commission. All such construction and installation of the utilities noted in this subsection shall be under contract with the applicable utility provider.

13.

Utility lines will be designed in the rear of the lots where allowable by grade, drainage and per City Engineering Design Standards as adopted by resolution of the City Commission.

14.

Monuments and bench marks shall be installed per City Engineering Design Standards as adopted by resolution of the City Commission.

15.

The developer shall submit a plan detailing final grading plans for the entire development per City Engineering Design Standards as adopted by resolution of the City Commission.

Section 455.380 Exceptions For Existing Improvements.

[Sub. Reg. § 7-104; Ord. No. G-638, 6-10-1986; Ord. No. G-1136, 11-19-2013]

Where the proposed subdivision is a re-subdivision or concerns an area presently having any or all required improvements set out in Section 455.370, and where such improvements meet the requirement of said Section and are in good condition as determined by the appropriate representative of the City, no further provision need be made by the subdividers to duplicate such improvements. However, where such existing improvements do not meet the requirements of Section 455.370, the developer shall provide for the repair, correction, or replacement of such improvements so that all improvements will then meet the aforesaid requirements of Section 455.370.

Where the proposed subdivision is a re-subdivision or concerns an area presently abutting or containing any existing public street of less than the minimum required right-of-way width, the plat shall dedicate additional right-of-way, so as to provide a minimum street right-of-way width the per City Engineering Design Standards as adopted by resolution of the City Commission.

Where the proposed subdivision is a re-subdivision or concerns an area presently abutting or containing an existing public street of less than the minimum required pavement with, the developer of such proposed subdivision shall provide an additional street pavement width per City Engineering Design Standards as adopted by resolution of the City Commission. The developer may request an Exception, subject to approval of the City Commission, to reduce the minimum street width required by this Chapter to match an existing street system if the extension of such street is already improved at each end of the street adjoining said subdivision or re-subdivision, and the street adjacent to the subdivision or re-subdivision is two blocks or less in length.

Section 455.390 Agreement For The Installation Of Improvements.

[Sub. Reg. § 7-105; Ord. No. G-638, 6-10-1986; Ord. No. G-882, 1-19-1999]

Requirements Prior To Approval Of Final Plat.

Prior to the approval of a final plat by the Junction City-Geary County Metropolitan Planning Commission for any subdivision located in Junction City or in any area where improvements are required to be installed to City standards, the subdivider shall enter into a written agreement with the City of Junction City, Kansas, in which all required improvements are specified, together with the method of construction and provisions for payment of the cost thereof. In all cases where the subdivider does not petition the City of Junction City, Kansas, for the construction of public improvements, the subdivider shall file prior to the approval of the final plat performance and maintenance bonds in an amount equal to 100% of the estimated construction cost of all improvements required by Section 455.370. In the event that estimated construction costs are not established, the engineer listed having jurisdiction in Section 455.360 shall set the amounts of the performance and maintenance bonds.

Prior to the approval of a final plat by the Junction City — Geary County Metropolitan Planning Commission for any subdivision located in the unincorporated area of Geary County, the subdivider shall enter into a written agreement with Geary County, Kansas, in which all required improvements are specified, together with the method of construction and provisions for payment of the cost thereof. In all cases where the subdivider does not petition Geary County, Kansas, for the construction of public improvements, the subdivider shall file prior to the approval of the final plat performance and maintenance bonds in an amount equal to 100% of the estimated construction cost of all improvements required by Section 455.370. In the event that estimated construction costs are not established, the engineer listed having jurisdiction in Section 455.360 shall set the amounts of the performance and maintenance bonds.

The developer's cost shall include 100% of the cost of the engineering, plans and specifications, supervision and inspection of the project including, but not being limited to, the cost of the staking of the project plus 100% of the cost of any other engineering costs concerning the project which the City may incur. The City will add to the project an amount estimated to reimburse the City for its administrative costs equal to 8% of the contract cost of the project in addition to the above engineering expenses, if the developer petitions the City to provide the improvements. The developer shall provide a method of financing for the required improvements prior to the beginning of the construction of any private improvements in said addition.

The developer shall submit to the City firm contracts providing for the construction and completion, within a reasonable time of the public improvements as specified by the engineer's plans and specifications. As an alternate, the developer may petition the City to provide said improvements, as provided by law.

The following are considered minimum public improvements:

Installation of eight inch sewer line and service connection to all adjacent lots;

Extension of six inch water distribution mains and service connections to all adjacent lots in accordance with the City's minimum specifications;

Installation of curb and gutter and backfill;

Installation of paving in accordance with the City's minimum specifications;

Installation of storm sewers or surface drainage where required by the City; and

Installation of sidewalks according to the City's minimum specifications.

All public improvements shall be completed in accordance with plans and specifications approved by the City Engineer and filed in the City Engineer's office. All public improvements will be inspected by the City Engineer or his/her duly authorized representative. The developer shall pay the entire cost of the public improvements, unless developer petitions the City to provide them, in which case, the City shall pay 10% and the developer 90% of the cost of such public improvements.

Prior to the commencement of any work whatsoever, whether public funds are involved or not, the developer shall file with the City Manager in conformance with Section 455.390A the following:

A one-year's maintenance bond in a form prescribed by the City, which bond must be executed by a surety company licensed to do business in the State of Kansas and acceptable to the City. Said bond shall inure to the benefit of the City for the public improvements; and

Where the developer or the contractor is a non-resident of Geary County, either or both shall file an appointment of a process agent on a form prescribed by the City with the Clerk of the District Court of Geary County, Kansas, as provided by Section 16-113 of the Kansas Statutes Annotated, as amended.

Should the City require street improvement wider than 31 feet back-to-back of curb or sanitary sewer lines larger than eight inches, or water lines larger than six inches, or storm sewers larger than 30 inches, the developer and his/her engineer shall meet with the City Commission and resolve these differences, and settle responsibility for payment of the cost of same, by agreement in writing, prior to the final acceptance of the plat.

Whenever property not adjacent to a boundary of the City is annexed by the City, and improvements are made for services to be provided thereto, such annexed property shall be assessed for improvement on the above-stated basis, plus an amount reasonably chargeable to the property as a pro-rata share of the cost of extension of such services, and the remainder of the cost of improvements placed between the existing City boundary and the newly annexed property shall be assessed to and paid by the City at large. At such time as the intervening property is annexed to the City and the owners or developers thereof desire said services, a hook-on fee or service charge will be paid by the owner or developer of said intervening property equal to the amount assessed to and paid by the City at large for the cost of said improvements, including interest through the maturity schedule of the bonds. Said hook-on charge or service fee shall be paid prior to the approval of the final plat of the intervening land. The hook-on fee or service charge shall be based on an amount that would be assessed to other subdivisions for the same services. The application of this provision shall be solely at the option of the appropriate Governing Body.

The agreement mentioned in Subsection A above, shall run with the land and shall extend to and be binding upon all successive owners of the real estate to the same extent as though such owners had executed the contract personally, and shall be binding upon the heirs, executors, administrators and assigns of the developer. The agreement shall not be construed as granting any right or privilege to the developer which the City would not otherwise be required to perform by law, and it shall not be construed as requiring the City to perform any act which would not otherwise be a legal obligation of the City.

Section 455.400 Vacation Of Undeveloped Subdivision.

[Sub. Reg. § 7-106; Ord. No. G-638, 6-10-1986]

When no lots on a plat of subdivision have been sold, the subdivider may request the vacation of the plat prior to the time that the improvements covered by the bond are installed, and when such plat is vacated, all fiscal sureties shall be returned to the subdivider.

Section 455.410 Submission Of Required Agreements.

[Sub. Reg. § 8-101; Ord. No. G-638, 6-10-1986; Ord. No. G-1136, 11-19-2013]

If the improvements required are addressed with an agreement as required in Section 455.390 the developer shall so indicate at the time the preliminary plat is filed. If the proposed plat is approved, three signed copies by the developer shall be submitted to the City when the final plat is presented for final consideration.

Section 455.420 Final Improvement Plans.

[Sub. Reg. § 8-102; Ord. No. G-638, 6-10-1986; Ord. No. G-1136, 11-19-2013]

The developer shall have plans and engineering drawings, complete with other engineering information, for all required improvements within a subdivision and/or re-subdivision prepared in conformance with the requirements of the City Engineering Design Standards by a licensed professional engineer, licensed within the State of Kansas. Complete plans, drawings, and other engineering information, the number determined by the City shall be submitted per City Engineering Design Standards as adopted by resolution of the City Commission, to the City Engineer within 30 days of the approval date of the final plat. The developer may request an extension of the time to submit the plans; however extensions shall not be granted beyond an additional 30 days. Failure to provide the plans required in this section shall constitute a violation of the Development Agreement and shall void said Agreement. No authorization for construction of any of the improvements shall be permitted by the City until a Development Agreement is reestablished and all guarantees fully funded in conformance to these regulations and all other applicable rules, regulations, codes and requirements of the City.

Section 455.430 Content Of Engineering Drawings.

[Sub. Reg. § 8-103; Ord. No. G-638, 6-10-1986; Ord. No. G-1029, 1-15-2008; Ord. No. G-1136, 11-19-2013]

Engineering plans, drawings, and other engineering information shall be submitted in accordance with the City Engineering Design Standards as adopted by resolution of the City Commission.

Section 455.440 (Reserved) [1]

[1]

Editor’s Note: Former § 455.440, which pertained to review of plans and derived from Sub. Reg. § 8-104 and Ord. No. G-638, 6-10-1986, was repealed by Ord. No. G-1136, 11-19-2013.

Section 455.450 Approval By Planning Commission.

[Sub. Reg. § 8-105; Ord. No. G-638, 6-10-1986; Ord. No. G-1136, 11-19-2013]

The Planning Commission shall approve a final plat only after confirmation the method of financing the improvements has been identified and, if applicable, the Developers Agreement for said improvements has been filed with the City.

Section 455.460 Construction Of Improvements.

[Sub. Reg. § 8-106; Ord. No. G-638, 6-10-1986; Ord. No. G-1029, 1-15-2008; Ord. No. G-1136, 11-19-2013]

No improvements shall be constructed nor shall any work preliminary thereto be done until such time as a final plat and the engineering drawings accompanying it shall have been approved and there shall have been compliance with all of the requirements relating to the agreement specified in Section 455.390 of this Chapter. City Engineer shall approve all drawings prior to bidding or submittal to regulating agencies. Prior to bidding, all required permits shall be received by the City Engineer.

Section 455.470 Inspection.

[Sub. Reg. § 8-107; Ord. No. G-638, 6-10-1986; Ord. No. G-1136, 11-19-2013]

All improvements constructed or erected shall be subject to inspection by the City Engineer. The cost attributable to all inspections required by this Section shall be charged to and paid by the developer. Before any required inspections take place, the developer shall be required to post a deposit with the City, to cover the cost of such inspections. Inspections shall be completed per the City Engineering Design Standards as adopted by resolution of the City Commission.

Section 455.480 Engineering Review, Inspection And Administrative Fees.

[Ord. No. G-1136,[1] 11-19-2013]

Fees shall be charged for review of site plans, plats, land divisions public & private improvements, field inspection of construction by the City as set forth by resolution of the City Commission.

The developer shall pay to the City at the time the plans are submitted for review, a nonrefundable fee in the amount as set forth by resolution of the City Commission, of the cost (estimated cost to be used, but to be adjusted to final actual costs after final plan approval) of the proposed utility, improvement and/or structures to defray the City's cost of engineering review, planning and recording on City's records the proposed utility, improvement and/or structures. The developer shall pay to the City an additional fee to reimburse the ordinary cost of the City's inspection of construction. The developer shall deposit with the City, prior to start of construction, an amount of money for inspection services as set forth by resolution of the City Commission. In the event that the cost of inspection is greater than the amount deposited, the developer shall deposit additional moneys. In the event that the cost of inspection is less than the amount deposited, the excess shall be refunded to the developer.

Fees for City Attorney review of plats, easements and/or agreements shall be as set forth by resolution of the City Commission and shall be paid by the developer.

[1]

Editor’s Note: This ordinance also provided for the repeal of former § 455.480, which pertained to inspection procedures and derived from Sub. Reg. § 8-108 and Ord. No. G-638, 6-10-1986.

Section 455.490 (Reserved) [1]

[1]

Editor’s Note: Former § 455.490, which pertained to final inspection and derived from Sub. Reg. § 8-109 and Ord. No. G-638, 6-10-1986, was repealed by Ord. No. G-1136, 11-19-2013.

Section 455.500 Report To Planning Commission And Governing Body.

[Sub. Reg. § 8-110; Ord. No. G-638, 6-10-1986; Ord. No. G-1136, 11-19-2013]

The City Engineer upon final inspection indicates that all improvements as installed contain no defects, deficiencies, or deviations, from the completion of such inspection, the City Engineer shall certify to the City Commission, and utility that all improvements have been installed in reasonable conformity with the engineering plans and specifications accompanying the final plat.

Section 455.510 "As Built" Drawings.

[Sub. Reg. § 8-111; Ord. No. G-638, 6-10-1986; Ord. No. G-1036, 5-12-2008; Ord. No. G-1136, 11-19-2013]

Upon completion of the work, or any phases thereof, the developer producing "as-constructed" construction plans for said work shall furnish to the City, per the City Engineering Design Standards as adopted by resolution of the City Commission.

Section 455.520 Monuments.

[Sub. Reg. § 8-112; Ord. No. G-638, 6-10-1986]

All required monuments disturbed, destroyed, obliterated, or lost during construction shall be replaced upon completion of the work by the developer or his/her contractors at the cost of the developer.

Section 455.530 Acceptance Of Improvements.

[Sub. Reg. § 8-113; Ord. No. G-638, 6-10-1986; Ord. No. G-1136, 11-19-2013]

Upon receipt by the City Commission of the notification of the City Engineer that all improvements have been installed in reasonable conformity with the approved engineering drawings and in reasonable conformity with the requirements of this Chapter and all other applicable statutes, ordinances, and regulations, that all "as built" drawings have been furnished as required and that all survey monuments are in place, the City Commission will thereupon, by resolution, formally accept such improvements. The developer shall file a two year Maintenance Bond in a form prescribed by the City, which bond must be executed by a surety company licensed to do business in the State of Kansas and acceptable to the City. Said bond shall inure to the benefit of the City for the quality and initial maintenance of all public improvements installed for the subdivision and/or re-subdivision. At the conclusion of the two-year period covered by the maintenance bond, the City Engineer shall inspect all the improvements of the subdivision and/or re-subdivision and, if determined to be acceptable to the standards established by the City for said improvements, shall become the property of the City of Junction City and the developer shall be released of all responsibilities thereto. The improvements shall become the property of the City of Junction City involved. The City of Junction City may refuse to issue building permits for a subdivision until the improvements have been declared complete and the required Maintenance Bond has been provided to the City.

Section 455.540 Exceptions-In General.

[Ord. No. G-1136,[1] 11-19-2013]

Except for actions concerning Planned Developments as noted in Section 455.580 herein, the developer of a proposed subdivision may request an Exception to any required development standard and/or guarantee as provided herein.

[1]

Editor’s Note: This ordinance also provided for the repeal of former Art. X, which pertained to appeals, waivers and variances and derived from Sub. Regs. §§ 9-101—9-108 and Ord. No. G-638, 6-10-1986.

Section 455.550 Exceptions From Required Improvement Standards And/Or Standards.

[Ord. No. G-1136, 11-19-2013]

Any request for an exception to the installation, standards, or plans and engineering drawings in connection with required improvements shall be directed to the City Commission, and the action of the City Commission on said request shall be final. The proof of the need to grant an exception is solely on the developer and must show the improvements and/or standards are not technically feasible for the subdivision and/or re-subdivision in question.

Section 455.560 Exception From Required Improvements Or Guarantees Of Installation Of Same.

[Ord. No. G-1136, 11-19-2013]

Any request for an exception from the required guarantees for improvements in a subdivision and/or re-subdivision shall be directed to the City Commission, and the action of the City Commission on said request shall be final. The proof of the need to grant an exception is solely on the developer.

Section 455.570 Plat Design Adjustments.

[Ord. No. G-1136, 11-19-2013]

In cases in which there is unwarranted hardship in carrying out the literal provisions of the Zoning and/or Subdivision Regulations in the design of the plat with respect to lot width, lot depth, block length, or other plat design issues, the Planning Commission may grant an adjustment from such provision in the approval of the plat of said subdivision and/or re-subdivision. The request must be identified in the preliminary platting process, unless the platting is authorized to go to final plat approval without a preliminary plat. The Planning Commission shall not grant an adjustment unless it shall find that the strict application of the Zoning and/or Subdivision Regulations will create an unwarranted hardship, and unless the proposed adjustment is in harmony with the intended purpose of the Zoning and/or Subdivision Regulations and that the public safety and welfare will be protected.

Adjustments permitted under the provisions of this Article shall not include adjustments or exceptions from the requirements of making improvements required herein, unless approved as provided for in Section 455.560, the standards of specifications thereof, nor from the provisions of the Zoning Regulations of the City, except as to adjustments for minimum lot width and/or area requirements. Consideration of an application for an adjustment pursuant to this provision does not relieve the applicant, or any future owner of the applicable lot or property in question, from the necessity of proceeding under the applicable provisions of any other rules, regulations, or codes, including Zoning Regulations of the City, relating to variances.

Section 455.580 Exceptions-Planned Unit Development.

[Ord. No. G-1136, 11-19-2013]

When a plat or subdivision is proposed in connection with a planned unit development authorized by the Zoning Regulations of the City, the Planning Commission may vary the design standards contained in the Zoning or Subdivision Regulations to such extent as may be necessary to permit the preparation of a planned development in accordance with the standards, conditions and restrictions of such Zoning Regulation. In said approval process, a Development Agreement may be established that modifies and/or adjusts the improvement requirements within said planned development. All actions concerning proposed planned developments shall be subject to the approval of the City Commission.

Section 455.590 Interpretation And Construction.

[Sub. Reg. § 10-101; Ord. No. G-638, 6-10-1986]

Where the conditions imposed by the provisions of this Chapter 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.

The provisions of this Chapter are not intended to abrogate any easement, covenant or other private agreement, provided that where the requirements of this Chapter are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement, the requirements of this Chapter shall govern.

A subdivision of land which was not lawfully existing at the time of the adoption of this ordinance shall not become or be made lawful solely by reason of the adoption of these regulations.

The provisions of this Chapter are cumulative and additional limitations upon all other laws and ordinances heretofore passed or which may be passed hereafter governing any subject matter set forth in the provisions of this Chapter.

Section 455.600 Definitions.

[Sub. Reg. § 10-102; Ord. No. G-638, 6-10-1986]

Any word or phrase which is defined in this Section shall have the meaning assigned to it by this Section whenever the word or phrase is used in this Chapter.

ADMINISTRATOR

The person designated by the Governing Body of the City and County to perform the duties which are set forth in Section 455.080 of this Chapter.

ALLEY

A strip of land along the side of or in the rear of lots intended to provide a secondary means of access to and from streets and such lots.

ARTERIAL STREET

Any street serving major traffic movements which is intended primarily as a traffic carrier between cities or between various sections of the City or County, which forms part of a network of through streets, and which provides service and access to abutting properties only as a secondary function.

BLOCK

A tract of land bounded by streets, or by a combination of streets, railway rights-of-way or waterways.

BUILDING SETBACK LINE (FRONT)

A line nearest the front of and across a lot or parcel of land establishing the minimum open space to be provided between the front line of a building or structure and the line of the fronting street right-of-way.

CITY

The City of Junction City, Kansas.

COLLECTOR STREET

Any street intended primarily to gather traffic from local or residential streets and carry it to the arterial system.

COMMISSION

The Junction City-Geary County Metropolitan Planning Commission.

COMPREHENSIVE DEVELOPMENT PLAN

Any official map or street plan, the future land use map or plan, or any other plan or map of the City of Junction or of the Junction City-Geary County Metropolitan Planning Commission for the guidance of municipal growth and improvement of the City and County.

COUNTY

The County of Geary, Kansas.

CROSSWALK

A strip of land dedicated for public use which is reserved across a block for the purpose of providing pedestrian access to adjacent areas.

CUL-DE-SAC

A street having only one outlet and being permanently terminated by a vehicle turn-around at the other end.

DEAD-END STREET

A street having only one outlet.

DESIGN STANDARDS or DESIGN REQUIREMENTS

All requirements and regulations relating to design and layout of subdivisions contained in Article VI, Design Standards, of this Chapter.

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.

FREEWAY

Any divided street or highway with complete access control and grade separated interchanges with all other public streets and highways.

FRONTAGE

The property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street; or with a dead-end street, all property abutting one side of such street measured from the nearest intersecting street and the end of the dead-end street.

FRONTAGE, LOT

That portion of the frontage which lies between the side lot lines of a single lot.

FRONTAGE ROAD

A public or private marginal access roadway generally paralleling and contiguous to a street or highway and designed to promote safety by eliminating unlimited ingress and egress of such street or highway by providing points of egress at more or less uniformly-spaced intervals.

GOVERNING BODY

The elected Governing Body of the City or County as may be designated.

HALF STREET

A street bordering one or more property lines of a subdivision tract to which the subdivider has allocated only a portion of the ultimate and intended street width.

IMPROVEMENTS

All 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 purpose. Improvements shall include all facilities listed in Article VIII of this Chapter.

LIMITED ACCESS HIGHWAY

An expressway or freeway, as defined in this Section.

LOCAL COMMERCIAL STREET

Any street designed primarily to provide access to abutting commercial property.

LOCAL INDUSTRIAL STREET

Any street designed primarily to provide access to abutting industrial property.

LOCAL RESIDENTIAL STREET

Any street designed primarily to provide access to abutting single-family residential property.

LOOP

A street which begins and ends at intersections with the same street and has no intermediate intersections with any other streets.

LOT

A portion or basic parcel of a subdivision or other tract of land intended to be the parcel by which such land would be individually developed and transferred.

LOT, DOUBLE FRONTAGE

A lot, two opposite lot lines of which abut upon streets which are more or less parallel.

LOT DEPTH

The distance between the midpoint of the front lot line and the midpoint of the rear lot line.

LOT LINE

The boundary line of a lot.

LOT SPLIT

The dividing or redividing of a lot or lots in a recorded plat of a subdivision which meets the criteria established within this Chapter.

LOT WIDTH

The distance of a horizontal plane between the side lot lines of a lot, measured at right angles to the line establishing the lot depth at the established building setback line; or for lots fronting on curved streets, the distance as defined in Section 455.300E.

MARGINAL ACCESS STREET

A local street which is parallel with and adjacent to a limited access highway or arterial street and which provide access to abutting properties and protection from fast through traffic on the limited access highway or arterial street.

MULTIPLE-FAMILY RESIDENTIAL STREET

Any street designed primarily to provide access to abutting multiple-family residential (two or more families per unit) property.

MUNICIPAL TYPE

A type of sewage collection and/or treatment which serves two or more users and is approved by the Kansas Department of Health and Environment.

OWNER

Any legal entity (individual, firm, association, partnership, trust, corporation, etc.) having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this Chapter.

PLAT

A subdivision as it is represented as a formal document by drawings and writing.

REPLAT

The subdivision of a tract of land which has previously been lawfully subdivided with a plat of such prior subdivision duly recorded.

ROAD or ROADWAY

The paved or improved area existing on the street right-of-way, exclusive of sidewalks, driveways or related uses.

SCREENING

Decorative fencing or evergreen vegetation maintained for the purpose of concealing from view the area behind such fencing or evergreen vegetation. When fencing is used for screening, it shall be not less than six nor more than eight feet in height.

STREET

The street right-of-way or easement, whether public or private; not the area of the paving or other improvements on the street right-of-way, unless such paving or improvements coincide with the boundaries of such right-of-way.

STREET WIDTH

The shortest distance between property lines abutting both sides of a street right-of-way.

SUBDIVIDER

A person or persons acting as the agent for the owners of ground on which subdivision or platting is contemplated for the purpose of representing said owners through the necessary procedures of platting and subdivision.

SUBDIVISION

Any division or re-division of land by means of mapping, platting, conveying, changing or rearranging of boundaries, or otherwise, and shall also relate to the process of subdividing or other land subdivided where appropriate to the context.

TURN-AROUND

An area at the closed end of a dead-end street or cul-de-sac, within which vehicles may reverse their direction without any backing up.

Section 455.610 Procedure.

[Sub. Reg. § 11-101; Ord. No. G-638, 6-10-1986]

This Chapter may be amended at any time after the Planning Commission shall have held a public hearing on the proposed amendment. A notice of such public hearing shall be published in the official newspaper as provided by law. At, or after, such public hearing is held, the Planning Commission may adopt such amendments, but such amendments shall not become effective until approved by the Board of Commissioners of Junction City and the Board of Commissioners of Geary County.

Section 455.620 Conflict Of Ordinances-Effect Of Partial Invalidity.

[CC 1965 § 17A-103; Ord. No. G-638, 6-10-1986]

In any case where a provision of this Chapter is found to be in conflict with a provision of any ordinance or Code of the City of Junction City, Kansas, existing on the effective date of this ordinance the provision which establishes the higher standard shall prevail. If any section, subsection, paragraph, sentence, clause, or phrase of this Chapter should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Chapter, which shall remain in full force and effect; and to this end, the provisions of this Chapter are hereby declared to be severable.