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Manhattan City Zoning Code

ARTICLE 26

5. Subdivision Standards

Sec. 26-5A-1, Policies

The policies of the Planning Board and the Governing Bodies of the City and County include:

  1. Government Control. The subdivision of land and subsequent development is subject to the control of the Planning Board and the Governing Bodies pursuant to state statute, the Inter-local Agreement between the City and Riley County, and the respective rules, regulations, ordinances, and resolutions of the City and County, in order to promote the orderly, planned, economic, and efficient development of the Manhattan Urban Area.
  2. Public Safety. Land to be subdivided must be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace.
  3. Adequate Facilities and Improvements. Land to be subdivided must have adequate public facilities and improvements available when needed and proper provisions for drainage, water, sewage, and capital improvements such as schools, parks and open space, recreation facilities, and transportation infrastructure.
  4. Administration. This Article will be administered to insure orderly and well-planned growth to conform with the Manhattan Urban Area Comprehensive Plan, the capital improvements program for the Manhattan Urban Area, and to enforce the zoning provisions of this Chapter.

    Sec. 26-5A-2, Purposes

    Refer to Subsec. 26-1A-3C, Purposes: Land Subdivision.

    Sec. 26-5A-3, Applicability

  5. The subdivision of land requires a final plat or replat whenever land is divided into two or more lots, or the boundaries of lots are altered.
  6. Exemptions. The following are exempt from the provisions of this Article:
    1. The conversion or establishment of condominium units.
    2. Division of land determined by the County to be eligible for an agricultural exemption.
    3. The subdivision of cemetery burial lots.
  7. (Ord. No. 7627, 02/07/2023) 

    Sec. 26-5A-4, Compliance with Codes and Standards

  8. A.
    All subdivision plats must comply with the following as they are applicable:
    1. 1.
      This Chapter or the Riley County Land Development Regulations.
    2. 2.
      The Riley County Sanitary Code.
    3. 3.
      Regulations of the Kansas Department of Transportation (KDOT) when taking access to a state highway.
    4. 4.
      City or County building and housing codes.
    5. 5.
      City or County fire and life safety codes.
    6. 6.
      The more restrictive standards where a discrepancy exists.
    7. 7.
      Applicable statutory provisions.
  9. B.
    Infrastructure Design and Construction Standards. Streets, storm sewer systems, sanitary sewer systems, water supply systems, and other utilities must be designed and built consistent with the standards for such public improvements that are maintained and published by the applicable City or County engineering department. These standards are referred to collectively by the generic term “infrastructure design and construction standards” (IDCS) and are cited in this Chapter as such.
  10. Sec. 26-5A-5, Public Improvements

  11. All public improvements necessary to serve a subdivision, including streets, sidewalks, storm sewers and detention, utilities, water, sanitary sewer, and drainage improvements, must be constructed and financed pursuant to:
    1. The policies, regulations, and laws of the responsible Governing Body.
    2. This Chapter, where applicable.
    3. The infrastructure design and construction standards cited in Subsec. 26-5A-4B.
  12. The responsible Governing Body may include part or all of any subdivision within a benefit district to finance the construction of public improvements necessary to serve such subdivision, whether or not such improvements are located within or outside of such subdivision. The responsible Governing Body will comply with all applicable rules, regulations, ordinances, and statutes in the creation of such benefit district.
  13. Sec. 26-5B-1. General Subdivision Standards

  14. All subdivision plats must be prepared to conform with the standards of this Article. The layout and location of areas proposed to be dedicated to the public for open space or recreation reserves, streets, trails, storm and sanitary sewer systems, water supply systems, and other utilities must comply with the public improvement standards set out in this Chapter, and those adopted by the applicable Governing Body or published by the City or County Public Works Department.
  15. Subdivision Name. The proposed name of a subdivision must not duplicate, or too closely approximate in sound or spelling, any existing subdivision in either Riley or Pottawatomie County. The use of unit or phasing numbers or other similar titles to distinguish subsequent phases or replats will not be considered a duplicate subdivision name.
  16. Design Principles. Subdivision plats will be designed to:
    1. Provide space for bufferyards between land uses or changes in use or density along lot lines.

    2. Preserve site resources, especially natural drainageways and topographic landforms.

    3. Maximize frontage and access to open space by connecting and continuing the open space of adjoining properties.

    4. Provide continuity of streets and pedestrian and bicycle ways within and between developments.

    5. Minimize interference or improve access to adjacent properties.

    6. Provide access to each lot by a public street or public travel easement.
    7. Prevent flood damage.

    8. Coordinated drainage patterns with neighboring properties to manage undue stormwater runoff.

    9. Avoid, minimize, or mitigate the erosion or deposition of soil.

    10. Maintain or improve the level of public utility services provided to surrounding development.

    11. Encourage and prioritize connectivity of all modes of transportation between neighborhoods and subdivisions.

    12. Construct or locate public water and sewer utilities that allow for access to those utilities for maintenance and repairs that minimize impacts to the property owners and the general public.

  17. Sec. 26-5B-2, Subdivision Types

  18. A.
    Standard Development. A subdivision that adheres to the standard lot dimensions and density for a given zoning district.
  19. B.
    Master-Planned Development. Refer to Sec. 26-9D-1, Residential Master-Planned Development.
  20. C.
    Cluster Development. In general, the layout of a residential cluster neighborhood is designed to protect significant natural features or environmental resources on the parcel proposed for development, as applicable. 
  21. (Ord. No. 7715, 09/17/2024) 

    Sec. 26-5B-3, Lot Design

  22. A.
    Required Conformance. The minimum dimensions for proposed lots must conform with the applicable standards of this Chapter, and, as applicable for unincorporated development, the regulations of the County in effect on the date of final plat submittal, or as specified by the Riley County Sanitary Code.
  23. B.
    Lot Area
    1. 1.
      Minimum Area. The area of lots must meet the minimum standard for the district and development type set out in Sec. 26-2C-4, Residential Types and Standards, and Sec. 26-2D-3, Building and Lot Standards. Pad lots are subject to different standards below.
    2. 2.
      Oversized Lots. Lots that are three or more times the minimum required lot area for the applicable zoning district must be arranged to allow further subdivision and/or dedication of street rights-of-way unless that is determined to be impractical or unwarranted.
  24. C.
    Lot Shape
    1. 1.
      The lot size, width, shape, depth, and orientation must be appropriate for the type of development proposed.
    2. 2.
      Make corner lots wide enough to account for additional street-side setbacks.
    3. 3.
      For lots on arterial street intersections or at any acute-angle intersections, provide a radius or diagonal tangent of 20 feet at the street corner.
    4. 4.
      Where a grade separation is proposed at the intersection of arterial streets or highways, arrange lots so as to make adequate provisions for grade separation structures, such as retaining walls.
    5. 5.
      Avoid creating double-frontage lots to the maximum extent practicable. Where found to be essential to separate residential development from street right-of-way or to overcome topographic constraints, the Planning Board may grant a deviation from this standard (per Sec. 26-9C-4Subdivision—Deviation). See definitions of lot types in Sec. 26-10B-1, Lot, for reference.
    6. 6.
      For cluster and master planned development, lot shapes may be approved by the Planning Board when:
      1. a.
        The shape does not interfere with the efficient development of other property.
      2. b.
        The lots allow for a building envelope that is adequate to meet the requirements of this Chapter for building and site design. (See Figure 26-5B-3.1, Building Envelope)
    1. D.
      Access
      1. 1.
        All lots or parent parcels must directly abut and be directly served by a public street or travel easement.
      2. 2.
        Buildings on residential lots for single-family detached and duplex or twin-home dwellings may not have direct vehicular access onto an existing or designated arterial street or highway. Access to a collector street may be permitted subject to the access management regulations (Sec. 26-5C-10, Access Management).
    2. E.
      Cul-de-sac or Curved Street Lots. Where a lot fronts a cul-de-sac or curved street with a radius of 200 feet or less, lay out the lots so that their frontage, as measured on the arc of the right-of-way line, is at least 50 percent of the required lot width (measured at the front setback line) and at least 30 feet measured on the arc of the right-of-way line, or 24 feet for single-family attached uses with shared driveways or a single family detached use in a cluster development.
    3. F.
      Pad Lots. Pad lot development is permitted in all zoning districts in the city, except the RL district, subject to the following:
      1. 1.
        The lot size provisions of Article 26-2 apply only to the parent parcel and not to the pad lot.
      2. 2.
        The parent parcel containing the pad lots and common area, if any, will conform to the standard requirements for lots in the zoning district the parent parcel is located in, including, but not limited to, lot area, lot width, lot depth, building coverage, yard and setback requirements, height of buildings, density restrictions, parking requirements, and distances between buildings.
      3. 3.
        The pad lots within the parent parcel are exempt from the lot area, width and depth, yard and setback, and lot coverage requirements that the parent lot is subject to.
      4. 4.
        No final plat for the creation of a pad lot development will be approved unless and until the developer has also submitted and received City staff approval for the covenants, conditions, and restrictions applicable to the common area, if any, providing for the continual management and maintenance of the common area and any improvements on it.
    1. G.
      Flag Lots are subject to the following provisions.
      1. 1.
        The pole of the lot is at least 30 feet in width.
      2. 2.
        There are no more than two flag lots next to each other or stacked no more than two lots deep.
      3. 3.
        The area of the pole of the lot does not count toward the minimum lot area requirement.
      4. 4.
        The flag of the lot complies with the minimum lot area and width requirements set out in Table 26-2C-2.2, Residential Uses and Standards.
      5. 5.
        Access to the lot complies with the requirements of the applicable City or County Fire Department.
    2. H.
      Buildable Area. The following provisions apply to lots for multiple-family residential, commercial, or industrial subdivisions.
      1. 1.
        Lots must be of adequate size to provide for the minimum landscape surface ratio (see Sec. 26-2D-2, Lot and Development Standards) and off-street parking and service areas required for the applicable zoning district and the use proposed for development.
      2. 2.
        Lots must provide a buildable area within the required setbacks with less than a 20 percent slope. If the slope is greater than 20 percent, the lot size must be increased to provide a buildable area with less than 20 percent slope, or a grading plan must be submitted with the preliminary plat and approved by the Planning Board. Grading plans must minimize grading, removal of vegetation, land instability, fire or drainage hazards, or other public safety hazards such as steep vertical cuts. The grading plan must consider the building site, off-street parking lots, and driveways, which may be required by the Planning Board as a condition of preliminary plat approval. Final grading plans must be submitted with the final plat for subdivisions subject to the provisions of this Section.

    (Ord. No. 7627, 02/07/2023; Ord. No. 7737, 01/14/2025) 

    Sec. 26-5B-4, Block Design

  25. Generally. Determine the lengths, widths, and shapes of blocks with due regard to:
    1. Provision for adequate building sites suitable for the needs of the use contemplated.
    2. Convenient access, safety, and circulation of vehicles, pedestrians, and bicyclists.
    3. Topography and the existence of resource features.
    4. Lot sizes and dimensions of the applicable district.
  26. Residential Block Lengths
    1. Residential blocks may not exceed 1,600 feet in length, unless the Planning Board approves a deviation. Factors to consider for the deviation include:
      1. The block is adjacent to an arterial street or highway;
      2. A block of greater length will reduce the number of railroad grade or major stream or drainageway crossings;
      3. The block traverses a span of open space that is wider than 1,600 feet; or
      4. There are topographical conditions that justify a greater block length.
    2. When bounded by streets on each side, residential blocks must be wide enough to provide at least two tiers of lots, except:
      1. Where such an arrangement is prevented by the size, topography, or other conditions of the property;

      2. Where lots are clustered to provide visual access to common open space by reducing back-to-back residential lots; or

      3. Where reverse frontage lots are located along an arterial or collector street and "No Access" is dedicated along the lot line abutting the arterial or collector street.

    3. Residential blocks must provide pedestrian and bicycle access as described in Subsec. 26-5E-2B, Pedestrian Access Easements, to improve circulation for non-motor vehicle travel modes.

  27. Non-Residential Block LengthsBlocks for non-residential and mixed-use areas may vary in their design provided compliance with the requirements for buildable area, parking, landscape surface ratios, and the requirements for access. Blocks must be no less than 300 feet or more than 700 feet in length unless mid-block pedestrian crossings are provided at an interval of no less than 400 feet. (See Sec. 26-5E-1, Easements)
  28. Figure 26-5B-4.1

    Residential Block

    Figure 26-5B-4.2

    Non-Residential and Mixed-Use Block

    Sec. 26-5B-5, Open Space

  29. Provision of Open Space. The term “open space” includes undeveloped areas within subdivisions that are set aside for conservation, recreation, mitigation, or buffering purposes, or any combination of those purposes. Open space for purely recreational purposes is an elective choice of the developer; it is not a requirement of development. But open space is required for buffer zones along drainage corridors and within the riparian areas along rivers and streams. Where consistent with maintenance of drainage facilities, landscaping around water bodies or along channels will be designed to enhance stormwater quality, ecosystems, and habitats in accordance with the IDCS. Developers are encouraged to include greenways within linear conservation areas.
  30. Continuity. The value of open space is maximized by connecting open spaces within and across developments to establish continuous greenways, particularly along linear features, such as drainage courses and streams, as illustrated in Figure 26-5B-5.1, Pedestrian System Continuity. The standards of design include:
    1. Interconnectivity. Provide for interconnectivity within the development, including open space linkages or connections using pedestrian and bicycle paths, and interconnectivity with adjacent or future development.
    2. System-Wide Connections. Open space set-asides within development should tie into the adopted plans of the City and County.
    3. Gap Improvements. The layout and design of sites and subdivisions should provide for pedestrian, bicycle lanes and routes, and trail and greenway connections to fill the gaps in the non-motorized transportation system across the Manhattan Urban Area.
  31.  Figure 26-5B-5.1

    Pedestrian System Continuity

    1. Designation. All boundaries of open space, whether for resource protection or other purposes, must be delineated as easements or tracts on a subdivision plat with specific identification. The boundaries of open spaces that are delineated in order to protect natural resources or to be left in a natural state should be identified with signs.
    2. Securely Held. The minimum required open space may not be developed or redeveloped once established.
    3. Responsible Parties. Open space may be owned in the following ways:
      1. Dedication to the City or County in cases where the responsible Governing Body accepts the dedication;
      2. Through a special district formed in accord with state statutes; or
      3. A duly recorded covenant of easement where the City or County is a party to the easement, as authorized by the responsible Governing Body. A duly recorded conservation easement:
        1. Is platted and recorded as a portion of and along the rear lot line (illustrated in Figure 26-5B-5.2, Conservation Easement) of fee simple lots to preserve significant resource features in their native state, provided that the portion of the lot outside of the easement meets the minimum lot area requirement of the respective district.
        2. Is either dedicated to a pre-approved private non-profit organization that is capable of managing the open space in perpetuity or is held in common by a homeowners, condominium, or property owners association, with an easement dedicated to all property owners within the association.
    4. Maintenance. Under any arrangement, the easement must require the maintenance of such areas as indicated on the approved subdivision plat or site plan. The responsible Governing Body has the right under such easement to maintain the area and place a lien on the property, or a homeowners, condominium, or property owners association to recover its costs.

     Figure 26-5B-5.2

    Conservation Easement

    Sec. 26-5C-1, General Requirements for Streets

  32. The layout and construction of streets on subdivision plats must conform to:
    1. This Division and the City of Manhattan’s IDCS cited in Subsec. 26-5A-4B when within the City and the Urban Service Area.
    2. Riley County's standards cited in Subsec. 26-5A-4B when within the Rural–Urban Fringe
  33. Conformance with Adopted Plans. Where applicable, the layout of streets must be consistent with the Comprehensive Plan, adopted transportation systems plans, the functional street classification map, and all other adopted and amended plans of the applicable governing body.
  34. Connectivity and Continuity. To the greatest extent practicable, every subdivision must provide multiple access points, subject to Sec. 26-5C-9, Access Management, whereby streets in a proposed subdivision must connect to existing streets in abutting platted subdivisions, and streets must be continued to the boundaries of the tract being platted, such that future abutting subdivisions may be connected. Deviation from this requirement may be granted by the Planning Board after considering the recommendations of the applicable City or County Engineering and Fire Departments with a finding that:
    1. The minimum requirements are not reasonable due to the topography or other existing physical conditions of the site; or
    2. The minimum requirements are not necessary or desirable for coordination of the subdivision’s layout with existing adjoining layouts or the most advantageous future layouts of adjoining tracts.
  35. Integration. New streets will integrate into the existing street and road networks so as to:

    1. Address the circulation needs of new development and the adjacent community.

    2. Connect existing and new streets for pedestrian, bicycle, transit, and vehicular systems.
    3. Provide for future bicycle, pedestrian, and motor vehicle connections.
    4. Facilitate safe and efficient travel within and throughout the City and Manhattan Urban Area.

  36. Natural Resources. Streets and roads must be located with appropriate regard for topography, wetlands and riparian areas, water bodies, wooded areas, and other features that enhance the attractiveness and sustainable value of development and are significant to the Flint Hills region for their ecological or natural resource value.

  37. Sec. 26-5C-2, Street Right-of-Way Specifications

  38. A.
    Applicability. City-owned transportation facilities in the public right-of-way, including streets, bridges, and other connecting pathways, that are newly constructed or reconstructed must be designed and have right-of-way dedicated in accordance with the standards of Table 26-5C-3.1, Minimum Street Specifications.
  39. B.
    Dedication. The applicant will dedicate the entire width of right-of-way where any part of a subdivision is on both sides of an existing street, a proposed street, or the general alignment on the transportation plan of the City or County. When a subdivision is located on only one side of an existing street or the general alignment of a street on the transportation plan of the City or County, half of the required right-of-way generally measured from the of the roadway must be dedicated. When a subdivision is located only on one side of a proposed street, the right-of-way will be dedicated as required by other conditions of these regulations or as determined by the City Engineer.
  40. (Ord. No. 7677, 12/05/2023) 

    Sec. 26-5C-3, Street Layout and Design

  41. A.
    Layout. Streets must be laid out to respect the existing topography, to permit efficient drainage and utility systems, and to produce an efficient street network to provide safe access to property.
  42. B.
    Street Design. Any type of street pattern may be used that best fits the topography, including curvilinear, grid, or modified grid systems. The use of cul-de-sacs is allowed only with consideration as to the adequacy of pedestrian connectivity and street continuity, including issues such as emergency service access, as set out in this Section.
    1. 1.
      Street Grades. The grades of streets may not exceed 5% for arterial, 8% percent for collector, and 10% for local streets. In order to drain adequately, no street grade may be less than 0.5 percent. These grades may be modified if reviewed and recommended otherwise by the City or County Engineer. Grades at intersections must comply with "Public Rights-of-Way Accessibility Guidelines" (PROWAG).
    2. 2.
      Design Speed. Design speed must be in conformance with applicable sections of A Policy on Geometric Design of Highways and Streets, published by the American Association of State Highway and Transportation Officials (AASHTO). Operating and design speeds at the lower ranges identified in AASHTO are encouraged.
    3. 3.
      Design Considerations. Rights-of-way at intersections must be designed to comply with the standards set out in Sec. 26-5C-11, Intersection Sight Distance. No fixed above-ground facilities may be located within the clear vision triangle at the intersection (i.e. utility poles or boxes, trees, shrubs, retaining walls, etc.). Consideration regarding the width of the right-of-way, and companion easements, must be taken into account when planning the street layout.
    4. 4.
      Site Design. In non-residential districts, streets and other access ways must be planned in coordination with the layout and arrangement of buildings and, as applicable for pedestrian, bicycle, and transit improvements to minimize conflicts of traffic and pedestrian/bicycle movements both on- and off-site, rail facilities, truck loading and maneuvering areas, and parking areas for site circulation.
    5. 5.

      Design Context. The alignment, width, grade, and cross-sections of all streets must be designed in accordance with the IDCS and within the context of existing and planned streets, topographical conditions, and in their appropriate relation to the proposed uses of the land to be served by such streets.

    6. 6.
      Right-of-Way Width. Right-of-way widths in excess of the following minimum standards may be required whenever, due to topography or other considerations, additional width is necessary to provide adequate earthen slopes, sight distances, or accommodate future expansions.
      1. a.
        Local: 60 feet.
      2. b.
        Minor collector: 80 feet.
      3. c.
        Major collector: 90 feet.
      4. d.
        Minor Arterial: 100 feet.
    7. 7.
      Medians. Medians that are part of a dedicated public street right-of-way may not be utilized for any purpose other than by the City or a public utility. However, an applicant or other entity may beautify a median with landscaping with the approval of the City Engineer and Planning Board, provided that:
      1. a.

        It does not interfere with existing or proposed public utilities.

      2. b.
        It conforms to the sight distance requirements of Sec. 26-5C-10, Access Management, and Sec. 26-5C-11, Intersection Sight Distance.
      3. c.

        An agreement, in a form acceptable to the attorney of the appropriate governing body, is on file for the entity with permanent responsibility for maintenance and liability for such improvements, and for future removal.

  43. C.
    Street Specifications. All streets must be designed in accordance with IDCS. The widths of rights-of-way are applicable to the urban area, while the specifications for sidewalks, tree lawns, and bicycle lanes are applicable to the Manhattan Urban Service Area.
    1. 1.

      In reviewing a subdivision proposal, the Planning Board or governing body will determine the following:

      1. a.

        Whether warrants are met for intersection signalization or stop control, medians, or auxillary lanes, as calculated by the applicant and recommended by the City or County Engineer.

      2. b.

        Whether a proposed alternative pedestrian and bicycle circulation system is preferable to standard sidewalks, as set out in Sec. 26-5C-4, Pedestrians and Bicycles.

    2. 2.

      The following are the minimum requirements for bicycle and pedestrian facilities, and for tree lawns for the various classifications (see also Subsec. 26-5C-4B).

      1. a.

        Local streets have a five-foot sidewalk on both sides, a five-foot tree lawn between the sidewalks and curbs, and no bike lane.

      2. b.

        Minor collector streets have two options:

        1. 1.

          A six-foot sidewalk on each side, five-foot tree lawns, and on-street bike lanes, one in each direction, a minimum of five feet in width.

        2. 2.

          The on-street bike lanes can be replaced by a 10-foot multi-use path (MUP) in place of one of the sidewalks.

      3. c.

        Major collector streets have a six-foot sidewalk on one side and a 10-foot MUP on the other side, and five-foot tree lawns between them and the curbs.

      4. d.

        Arterial streets have a six-foot sidewalk on one side and a 10-foot MUP on the other side, and five-foot tree lawns between them and the curbs.

    3. 3.
      Infill development may not be able to meet the minimum standards if the right-of-way width is not sufficient. In such cases the City Engineer and Zoning Administrator can make adjustments as necessary while trying to maximize the multi-modality of the facility. See also Sec. 26-7A-4, Sidewalks.
    4. 4.
      Modification or waiver of these street specifications may be approved by the Planning Board when the City or County Engineer recommends an exemption when the application of street improvements it is contrary to public safety, or due to a severe terrain issue, or other available means or factors indicate an absence of need.
  44. Table 26-5C-3.1. Street Elements

    Graphic ReferenceStreet Element

    A

    Right-of-way  (ROW)

    BStreet pavement, measured from back-of-curb to back-of-curb (BOC–BOC), containing the travel lanes and, as necessary, turn lanes, parking lanes, and bike lanes
    CSidewalks or multi-use paths (MUP)
    DTree lawn

     

    Graphic reference in plan and cross-section

     

    1. D.
      Intersections (Refer to Figure 26-5C-3.2, Street Jogs, Reverse Curves, and Horizontal Sight Distance)
      1. 1.
        Intersection Angles. Streets must be laid out to intersect as nearly as possible at right angles, but in no case less than 80 degrees. A deviation may be approved by the Planning Board based upon the recommendation of the City or County Engineer.
      2. 2.
        Multiple Intersections. Intersections involving the junction of more than two streets or four approaches are prohibited. Intersections must be properly designed with the warranted method of traffic control.
      3. 3.
        Horizontal and Vertical Sight Distances. Streets must be laid out so as to provide for adequate horizontal and vertical sight distances for approach and departure, as necessary, including consideration for sight-line obstructions (See Sec. 26-5C-11, Intersection Sight Distance).
      4. 4.
        Street Jogs. Street or cul-de-sac jogs with centerline offsets of less than 150 feet are prohibited.
      5. 5.
        Distance Between Reverse Curves. A tangent of some minimum length along the street centerline is required between horizontal reverse curves. For local streets it is 100 feet, for collector streets it is 150 feet, and for arterial streets it is 200 feet.
      6. 6.
        Horizontal Curvature. When the street centerline deflects more than five degrees, a curve must be inserted with a radius of footage no less than 500 feet for arterial, 300 feet for collector, and 200 feet for local streets. Upon recommendation of the City or County Engineer, the Planning Board may require an increase in the radius of the applicable curve.

    Figure 26-5C-3.2

    Street Jogs, Reverse Curves, and Horizontal Sight Distance

    (Ord. No. 7677, 12/05/2023) 

    Sec. 26-5C-4, Pedestrians and Bicycles

  45. A.
    Sidewalks. Sidewalks are required with street improvements in all subdivisions and on all building sites within the Manhattan Urban Service Area, as follows:
    1. 1.
      Standards. Sidewalks will be provided on both sides of all streets within the City and Manhattan Urban Service Area. All sidewalks must be constructed to comply with the standards set out in Table 26-5C-3.1, Minimum Street Right-of-Way Specifications, pertaining to the widths of the sidewalk and the adjacent tree lawns.
    2. 2.
      Continuity. Sidewalks on parcels proposed for development must connect to existing sidewalks on adjacent parcels and must provide for a continuous pedestrian and bicycle system throughout the development and within and across building sites. Likewise, any new subdivision must provide for continuity to adjacent undeveloped and redevelopable land.
    3. 3.
      Connectivity. Subdivision layout must provide for pedestrian connectivity in accordance with the minimum standards in Sec. 26-5E-2, Access Easements.
    4. 4.
      Location within Right-of-Way. Sidewalks must be located within the dedicated street right-of-way or within a companion easement. 
    5. 5.
      Construction. All sidewalks must be constructed to conform to the City's infrastructure design and construction standards (IDCS) cited in subsec. 26-5A-4B.
    6. 6.
      Infill or Redevelopment Requirement. Sidewalks are required, as stated above, for individual infill or redevelopment projects in an area that currently does not have sidewalks.
    7. 7.
      Alternative Circulation Plan. When the average lot sizes exceed 25,000 square feet or when topographic or other unique site conditions exist, the applicant may submit an alternative pedestrian and bicycle circulation plan for consideration. The alternative circulation system must be consistent with the general requirements for adequate and functional pedestrian and bicycle circulation, and connectivity to adjacent areas, and must demonstrate a well-documented need for an alternative approach. An alternative plan may be considered when the following conditions are met:
      1. a.
        The parcel proposed for development is located within the RL district in the City or outside of the City and within the Manhattan Urban Service Area.
      2. b.
        Better pedestrian access and connectivity is provided by off-street trails that connect to sidewalks on the perimeter of the development, as applicable.
      3. c.
        The average lot frontages, excluding corner lots, are equal to or greater than 100 feet
    8. 8.
      Accessibility. All sidewalks must be built to conform to the current accessibility standards of the ADA or public right-of-way accessibility guidelines (PROWAG), as applicable.
    1. B.
      Bicycle Lanes, Trails, and Routes
      1. 1.
        Bicycle Routes. In accordance with adopted transportation system plans, planned bicycle routes must be designated on all site plans and plats, and must be posted on local streets that are used as bicycle routes upon completion of development.
      2. 2.
        Bicycle Lanes. Bicycle lanes are required on streets classified as collector or arterial, and may be provided on local streets if determined to be advisable. In accordance with adopted transportation systems plans, the type of bicycle lane is determined by the matrix of street classification, average daily trips (ADT), and speed limit shown in Table 26-5C-4.1, Determination of Required Bicycle Lane Type.

        Table 26-5C-4.1

        Determination of Required Bicycle Lane Type

        Bicycle facility typeStreet typeADTSpeed limit
        Bike lane

        Local

        Collector

        Up to 10,00030 mph or less
        Buffer-separated bicycle laneCollectorUp to 12,00040 mph or less
        Barrier-separated bicycle lane

        Collector

        Arterial

        More than 12,000Greater than 40 mph
        Multi-use path

        Collector

        Arterial

        More than 12,000Greater than 40 mph

        Table 26-5C-4.1

        Determination of Required Bicycle Lane Type

        Bicycle facility typeStreet typeADTSpeed limit
        Bike lane

        Local

        Collector

        Up to 10,00030 mph or less
        Buffer-separated bicycle laneCollectorUp to 12,00040 mph or less
        Barrier-separated bicycle lane

        Collector

        Arterial

        More than 12,000Greater than 40 mph
        Multi-use path

        Collector

        Arterial

        More than 12,000Greater than 40 mph

        Table 26-5C-4.1

        Determination of Required Bicycle Lane Type

        Bicycle facility typeStreet typeADTSpeed limit
        Bike lane

        Local

        Collector

        Up to 10,00030 mph or less
        Buffer-separated bicycle laneCollectorUp to 12,00040 mph or less
        Barrier-separated bicycle lane

        Collector

        Arterial

        More than 12,000Greater than 40 mph
        Multi-use path

        Collector

        Arterial

        More than 12,000Greater than 40 mph

        Table 26-5C-4.1

        Determination of Required Bicycle Lane Type

        Bicycle facility typeStreet typeADTSpeed limit
        Bike lane

        Local

        Collector

        Up to 10,00030 mph or less
        Buffer-separated bicycle laneCollectorUp to 12,00040 mph or less
        Barrier-separated bicycle lane

        Collector

        Arterial

        More than 12,000Greater than 40 mph
        Multi-use path

        Collector

        Arterial

        More than 12,000Greater than 40 mph
      3. 3.
        Trail Connectivity. Extensions to existing public trails must be provided as part of the bicycle and sidewalk system or within common open space.
      4. 4.
        Required Connectivity. Bicycle lanes and routes must connect with existing or planned bicycle lanes or routes, trails, multi-use paths, and sidewalks.
      5. 5.
        Design. Multi-use paths or trails must follow the IDCS for the development of bicycle facilities
    2. C.
      Pedestrian and Bicycle Easements. See Sec. 26-5E-2, Access Easements.

    Sec. 26-5C-5, Travel Easements

  46. A.
    Purpose. A travel easement is a public travel way that is not within a public right-of-way. A travel easement generally gives the public the right to travel across private property in a specific area by any mode. Other easements may give the public the right to travel across private property in a limited way, such as a pedestrian easement. These are different from a travel easement.
  47. B.
    Where Allowed. Travel easements are allowed only within the following:
    1. 1.
      A planned unit development (PUD) when established with a final development plan and dedicated as part of a final plat. Refer to Sec. 26-2B-3, Planned Unit Development Provisions.
    2. 2.
      All non-residential districts and the Urban Commercial District.
    3. 3.
      The High-density Residential (RH) District.
  48. C.

    General Requirements. Refer to Sec. 26-5E-3.

  49. (Ord. No. 7677, 12/05/2023) 

    Sec. 26-5C-6, Street Names

  50. Naming. A street planned as a continuation of an existing street must use the same name. Names of new streets may not be so similar in sound and/or spelling to that of existing street names as to cause confusion or misunderstanding, irrespective of a suffix. Street names may not incorporate directional names, such as "north", "west", "southeast", etc., although they may be used as prefixes.
  51. Departmental Review. Street names will be subject to the review of the Community Development, Public Works, and Fire Departments, and the Riley County Emergency Management Office to avoid duplicative, homophonous, or confusing names.
  52. Suffixes. Street suffixes will be used to indicate a uniform classification of street functions in the following manner:
    1. Travel easement: use “Place” or “Way”.
    2. Cul-de-sac: use “Lane”, “Circle”, or “Court”.
    3. Local street: use “Drive”, “Road”, “Terrace”, or “Street”.
    4. Collector and Arterial street: use “Avenue” or “Parkway”.
    5. Major arterial street: use “Boulevard” or “Parkway”.
  53. Authorization to Rename. Nothing in this Section prevents, limits, or restricts the applicable Governing Body from renaming any street, once the street has been dedicated to the public.
  54. Sec. 26-5C-7, Alleys

  55. Purpose. Alleys provide access for utilities, services, parking.
  56. Design. Alleys must be as straight as possible with no alley intersections, except as may be approved by the Planning Board. Alleys must be parallel or approximately parallel to the street on the frontage of the lots they serve. 
  57. Width
    1. 20 feet in residential districts.
    2. 24 feet in non-residential, mixed-use, industrial, and institutional districts.
  58. Surface. The surface of alleys must be built in accordance with the City's IDCS.
  59. Connectivity. Alleys must connect to public streets on both ends, and must be dedicated as public rights-of-way. Dead-end alleys are prohibited.
  60. Parking. All alleys must be posted "No Parking."
  61. Crossings. Sidewalks and trails must continue across alleys at points of intersection.
  62. Services. Gas and electric meters must be readable from alleys, and not obstructed by fencing or landscaping.
  63. Sec. 26-5C-8, Street Stubs

    Dead-end streets longer than 150 feet are not generally allowed as permanent features of the transportation system. Street stubs may be approved by the Planning Board as follows:

    1. A.
      Street extensions will be required upon development of the adjacent undeveloped property.
    2. B.
      There are no building obstructions, topographic limitations, or environmental constraints to prevent the street extension.
    3. C.
      The dead-end street is no longer than 1,200 feet for single-family development and serves no more than 30 single-family lots, or is no longer than 800 feet for multiple-family, non-residential, and institutional developments.
    4. D.
      The temporary dead-end street will terminate in one of the turnarounds illustrated in Figure 26-5C-8.1, Turnarounds—Minimum Paved Dimensions. The turnaround must be a surface acceptable to the Fire Department.

     Figure 26-5C-8.1

    Turnarounds—Minimum Surface Dimensions

    Adapted from International Fire Code, Appendix D, Fire Apparatus Access Roads

    (Ord. No. 7677, 12/05/2023) 

    Sec. 26-5C-9, Cul-de-Sacs

    Cul-de-sacs may be allowed where continuous street connections are not practical due to topographical constraints. Cul-de-sacs are allowed as follows:

    1. A.

      Length (see Figure 26-5C-9.1, Cul-De-Sac Standards)

      1. 1.
        Measurement. The maximum length limit for a cul-de-sac is 600 feet, measured from the centerline of the intersecting street, along the centerline of the cul-de-sac to the center of the turnaround.
      2. 2.
        Deviation. The Planning Board may approve a deviation subject to Sec. 26-9C-4, Subdivision—Deviation, allowing a length greater than 600 feet, provided the street complies with the standards of 26-5B-2, Subdivision Layout.
    2. B.
      Radius of Bulb. The minimum required radius is a paved diameter of 96 feet (back-of-curb to back-of-curb) with a right-of-way diameter of 118 feet (see Figure 26-5C-9.1, Cul-De-Sac Standards). The Fire Marshall may approve a deviation for a lesser paved diameter for good cause, subject to the Fire Code.
    3. C.
      Street Standard. The street leading up to the bulb will comply with the standards for a local street found in Sec. 26-5C-3, Layout and Design.
    4. D.

      Slope. The maximum longitudinal slope of the paved bulb of the cul-de-sac will be 5 percent. The bulb will be crowned in the center with a minimum 2% cross-slope of the radius. Designs to superelevate one side of the cul-de-sac must obtain City Engineer approval.

    5. E.
      Driveway Access. Driveways that connect to the cul-de-sac must be separated at the curb cut by at least 30 feet on both sides for mixed or multiple-family residential development and five feet on one side and 40 feet (distance along curve) on the other side for non-residential development.

     Figure 26-5C-9.1

    Cul-de-Sac Standards

     

     (Ord. No. 7677, 12/05/2023)

    Sec. 26-5C-10, Access Management

  64. A.
    Purpose. The purpose of this Section is to promote safe transportation facilities, improved mobility and access, and increased business and/or land value. The standards of this Section are primarily used to manage access to collector and arterial streets.
  65. B.
    Applicability
    1. 1.
      Required Compliance. Properties with access connections that do not meet the requirements of this Section must be brought into compliance, to the maximum extent practicable, under any of the following conditions:
      1. a.
        When the street is materially improved;
      2. b.
        When land is platted;
      3. c.
        When a new building or use will generate more than 50 vehicles per hour in the peak hour;
      4. d.
        When a new or modified drive-through use is developed; or
      5. e.
        When there is a change in use that generates an additional 50 vehicles per hour in the peak hour over existing levels, as determined by a method acceptable to the City Engineer, including estimation using the ITE Trip Generation manual (latest edition).
    2. 2.
      Business Commercial (BC) District. There may be only one connection permitted per lot on an arterial street, which may not be greater than 24 feet in width.
    3. 3.
      Residential–Non-Residential Access. No land located in a residential district may be used for a driveway connection to land in a non-residential district, except as provided in this Chapter.
  66. C.
    Modifications and Waivers. The City Engineer may modify or waive the requirements of this section, in accordance with the exception guidelines of the Manhattan Area Transportation Strategy, for good cause shown. 
  67. D.
    Driveway Access. Direct vehicular access to an arterial or collector street by a private driveway is prohibited unless no reasonable alternative is available. Driveways to abutting property will be confined to local streets. Corner lots abutting an intersection of an arterial and local street must take access from the local street, provided the access meets the corner clearance requirements set out in this Section.
  68. E.
    Access Design
    1. 1.
      Non-Residential. Where a proposed non-residential subdivision abuts or contains an existing or proposed arterial or collector street, the Planning Board or staff may require a street system layout to separate through traffic from local traffic. This may be accomplished through reverse frontage lots with vehicular access available along frontage roads and reverse frontage roads (see Fig. 26-5C-10.1, Reverse Frontage Access).
  69. Figure 26-5C-10.1

    Reverse Frontage Access

     

     

     

    1.  
      1. 2.
        Residential. Where a residential subdivision abuts or contains an existing or proposed arterial or collector street, vehicular access to the higher-order street will be limited by one of the following means:
        1. a.
          The use of alleys;
        2. b.
          Double-frontage lots that take vehicular access from a parallel or roughly parallel local street; or
        3. c.
          A series of cul-de-sacs or loop streets. Eyebrow cul-de-sacs are prohibited (see Fig. 26-5C-10.2, Access from cul-de-sac and loop streets) but "corner knuckles" on local streets are allowed. See also Subsec. 26-5E-2B regarding pedestrian and bicycle access.

     Figure 26-5C-10.2

    Access from cul-de-sac and loop streets

    1. F.
      Joint Access and Cross Access. Non-residential parcels that front on arterial or collector streets must, to the extent practicable, provide cross-access for vehicles, pedestrians, and bicycles (See Figure 26-5C-10.3, Joint and Cross Access).
      1. 1.
        Generally. Where connections to abutting parcels are possible, but not currently provided, the parcel proposed for development must include a stub-out of driving aisles and sidewalks at a location that allows for two-way vehicular and pedestrian connection on the abutting parcel in the future without unreasonably constraining development of both parcels. The applicant must record a cross-access easement in a form acceptable to the City or County Attorney to allow for future connection of the stub-outs to a comparable land use on the abutting parcel. In addition: 
        1. a.
          Space access points according to the access spacing and corner clearance standards of this Section.
        2. b.
          Design access so that vehicles do not back into street rights-of-way.
        3. c.
          The Planning Board or staff may grant temporary access (or a continuation of current access) to parcels that cannot comply with these requirements because reasonable access is unavailable through cross-access easements or consolidation of abutting lots.
      2. 2.
        Legal Instrument Required
        1. a.
          Access that is shared by adjacent properties, whether under single or separate ownership, must be preserved using an appropriate legal instrument acceptable approved by the responsible City or County Attorney, such as an access agreement, and recorded in the office of the Register of Deeds of the responsible county at the applicant’s expense. The obligation to provide and maintain the cross-access runs with the land. The recorded book and page number of the legal instrument must be referenced on any subsequent approved building permit or subdivision plats of the property.
        2. b.
          If there is an existing shared access for which there is no recorded legal documentation, the shared access must continue and appropriate legal documentation must be executed and recorded prior to approval of any building permit or subdivision plat, in a form acceptable to the City or County Attorney.
      3. 3.
        Terms. The Planning Board or staff may require that common and cross-access easements include one or more of the following:
        1. a.
          Sufficient width to accommodate a two-way access between properties, designed to accommodate automobiles and service and loading vehicles;
        2. b.
          Stub-outs and other design features to allow abutting properties to be tied in to provide future cross access; or
        3. c.
          Linkage to other cross-access drives in the area.

    Figure 26-5C-10.3 

    Joint and Cross Access

    Source: Manhattan Area Transportation Strategy (MATS)

    1. G.
      Access Management. All access management items including, but not limited to, intersection corner clearances, access connection spacing, traffic signal spacing, and median opening spacing will be based on the guidelines in the Manhattan Area Transportation Strategy (MATS).

    (Ord. No. 7677, 12/05/2023) 

    Sec. 26-5C-11, Intersection Sight Distance

  70. A.
    Purpose. To ensure that drivers approaching or departing from an intersection have an unobstructed view of the intersection, traffic control devices, and sufficient lengths along intersecting streets to permit the driver to anticipate and avoid potential collisions, adequate sight distance must be provided. Determinations are project specific. Sight distance requirements affect and guide street right-of-way platting requirements.
  71. B.
    Applicability. Sight distance requirements will be determined when land is subdivided or when an intersection is reconstructed, restriped, or repaired.
  72. C.
    Determination. The determination may be initiated by the applicant or as requested by the City Engineer. In all districts, the current edition of “A Policy on Geometric Design of Highways and Streets” by the American Association of State Highway Transportation Officials (AASHTO) will be used to determine project-specific engineering sight distance requirements. The determination will factor in the horizontal and vertical geometry of streets at intersections. See also paragraph 26-5C-3D-1, Intersection Angles.
  73. D.
    Distinction from Clear-Vision Triangle. See Sec. 26-7A-5.
  74. (Ord. No. 7677, 12/05/2023) 

    Sec. 26-5D-1 Transportation System Improvements

  75. Generally. The applicant will provide improvements necessary to adequately handle traffic from the subdivision. All improvements must be designed in accordance with the appropriate infrastructure design and construction standards and Division 26-5C, Transportation System Standards.
  76. Traffic Impact Study Required. All new subdivisions and redevelopment must submit a transportation impact study that conforms to the adopted transportation system plan, and any other applicable IDCS, unless such submittal is waived by the responsible City or County Engineer.
  77. Sec. 26-5D-2, Drainage Improvements

  78. Generally. The applicant will provide improvements necessary to adequately handle stormwater from the development in the form of storm or flood water runoff channels, basins, and/or drainage systems. All improvements must be designed in accordance with the appropriate infrastructure design and construction standards. The goal of improvements is to minimize the volume of runoff generated through protection of open space, reducing paved/impermeable areas, and minimizing disturbances to the existing soils. Drainage designs will be based on a watershed approach, which may include offsite runoff contributions. Where applicable, site and subdivision designs must consider stormwater runoff flowing to/from adjoining properties.
  79. Drainage Impact Study Required
    1. All new subdivisions and redevelopment located within the City limits, or in areas to be annexed by the City, must submit a drainage impact study (DIS) that conforms to the standards cited in Subsec. 26-5A-4B, Infrastructure Design and Construction Standards, unless such submittal is waived by the responsible City or County Engineer.
    2. For all new subdivisions and redevelopment proposed within the Urban Service Area or Rural–Urban Fringe of the Manhattan Urban Area, the applicant must submit a drainage impact study that conforms to the Riley County storm drainage standards, unless such submittal is waived by the County Engineer. The storm drainage plan must contain such information as may be required by the County Engineer, and will be reviewed and approved by the County Engineer.
  80. Stormwater Management, Construction, and Material Specifications. All designs will be completed in accordance with the City's standards cited in Subsec. 26-5A-4B, Infrastructure Design and Construction Standards (IDCS).
  81. Drainage Design and Studies for Development Areas. The applicant will reasonably consider the impacts of adjoining drainage patterns, will make use of existing drainage studies, and will utilize a watershed approach when developing preliminary drainage designs. The areas that contribute to the proposed stormwater system will be based on the proposed and existing topographic conditions of the site/region, where applicable. Drainage designs may require analyzing areas that lie outside of the boundary of the property being developed. Adequate designs will address upstream contributions, downstream impacts, and will manage stormwater discharges from the development area in accordance with the City’s IDCS.
  82. Design Objectives. Site layout and design considerations should incorporate the following concepts and be planned such that they:
    1. Manage stormwater runoff to meet the locally adopted technical requirements.
    2. Provide lot layouts that support a high percentage of permeable areas.
    3. Protect (or improve) existing soil conditions.
    4. Retain natural areas, emphasize permeable landscapes, and minimize the amount of impermeable areas.
    5. Maximize connected green spaces and disconnect paved areas.
    6. Provide buffers along riparian and drainage areas.
    7. Utilize multiple design elements to provide a series of permeable features (“treatment train”) upstream from the point of discharge from the site in accordance with the City’s IDCS.
  83. On-site Connectivity. The developer will design for drainageways across yards as necessary and in accordance with the IDCS, with consideration of low-elevation openings and overflow areas when designing connects to the public system. The applicant will also establish drainage easements when needed.
  84. Off-site Connectivity. The applicant will reasonably consider the impacts of adjoining drainage patterns and provide a reasonable level of connectivity between neighboring properties.
    1. Where a public storm sewer is accessible, the applicant will install storm sewer facilities connecting to such systems.
    2. All public storm sewer systems will be extended to the subdivision or development property limits, where feasible.
  85. Sec. 26-5D-3, Water and Sewer Facilities

  86. System Improvements
    1. Development in the City. All subdivisions located either within the City limits, or in areas to be annexed by the City, must have water and sanitary sewer systems designed to the standards of the City Engineering and Fire Departments.
    2. Development in the Manhattan Urban Service Area. All subdivisions not on City services must design the water and sanitary sewer systems to comply with City engineering standards and must also be designed to be compatible with City systems when such systems are extended to these subdivisions. Installation of such improvements will be inspected and approved by the City Public Works Department.
    3. Development in the Rural–Urban Fringe of Manhattan Urban Area. All subdivisions must design their water and sanitary sewer systems in accordance with County Engineering and Health Department standards.
  87. Utility Impact Study
    1. Water. Applicants for approval of new development, or changes to existing development, that the City or County Engineer finds are likely to involve additional water demand, must provide a technical capacity study by a professional engineer, licensed in the State of Kansas, to certify to the City or County Engineer that adequate capacity is available to serve the proposed development. The study will be prepared in accord with the IDCS (See Subsec. 26-5A-4B, Infrastructure Design and Construction Standards).
    2. Sanitary Sewer. Applicants for approval of new development, or changes to existing development, that the City or County Engineer finds are likely to involve additional sanitary sewer demand, must provide a technical capacity study by a professional engineer, licensed in the State of Kansas, to certify to the City or County Engineer that adequate capacity is available to serve the proposed development. The study will be prepared in accord with the IDCS (See Subsec. 26-5A-4B, Infrastructure Design and Construction Standards).
  88. System Design, Construction, and Material Specifications. Within the City limits, all water and sewer systems must conform to the specifications and standards set out in the City's IDCS (See Subsec. 26-5A-4B, Infrastructure Design and Construction Standards).
  89. Water Supply and Fire Connection
    1. Generally. Water supply for new development must be sufficient to provide for the development's potable water demand, irrigation needs, and fire protection needs. Water must be supplied using fire-rated lines that are acceptable to the City's Fire Department, and installed to City's specifications, or acceptable to Riley County Fire District No. 1, as applicable.
    2. Fire Hydrants. Fire hydrants must be provided to the specifications of the current Fire Code(s) and spaced according to the requirement of the Fire Marshal, or as set out in the City's IDCS.
  90. Sanitary Sewer
    1. Generally. Sanitary sewer service for new development must be sufficient to provide for the development's demand for the service. Sanitary sewer lines must be installed to the applicable specifications of the City or County.
    2. Serviceability. To the fullest extent feasible, the system design should rely of gravity flow for conveyance without use of pumping systems. Determination of minimum lowest finished floor elevations of future buildings within a planned development should be established to minimize need of private grinder pumps.
  91. Sec. 26-5E-1, General Easement Requirements

  92. A.
    Purpose. During development approval, the applicable City or County Engineering Department may require the dedication of easements on private property or lots. These easements may be for any of the following or other approved purposes: avigation; companion easements for sidewalks, trees, utilities, street lights, street signs, etc.; conservation; drainage; Fire Department access; pedestrian and bicycle access; motor vehicle access; and utilities. Easements must be provided for all public utilities.
  93. B.
    Maintenance. The owner of the property containing easements is responsible for the regular maintenance of the ground surface within the easements.
  94. C.
    Notation on plat. All easements will be drawn and annotated as necessary on the face of preliminary and final plats.
  95. (Ord. No. 7627, 02/07/2023; Ord. No. 7753, 05/20/2025) 

    Sec. 26-5E-2, Access Easements

  96. Fire Department Access Easement. The Planning Board, upon recommendation of the responsible City or County Fire Department, may require an easement for access by firefighting apparatus, and for emergency egress for occupants, in the following circumstances:
    1. Where adjacent to an urban–wildland interface area and a public street connection is not stubbed, a Fire Department access easement will be provided;
    2. Where there is a cul-de-sac greater than 600 feet in length; or
    3. Where a subdivision exists with only one point of access.
  97. Pedestrian Access Easement
    1. Cul-de-Sacs. On residential cul-de-sacs, paved pedestrian and bicycle access within a minimum 16-foot easement width must be provided from the cul-de-sac end to existing and proposed sidewalks, trails, bicycle lanes, routes, or parks that are located, or planned to be located, within two tiers of lots from the cul-de-sac. The pedestrian and bicycle improvements must be constructed to the applicable design specifications (see Figure 26-5E-2.1, Pedestrian Access Easement). 
    2. Cul-de-Sac Sidewalk Connection Widths. Within the pedestrian access easement a sidewalk must be installed at a width equal to or greater than the minimum width of the sidewalk in the right-of-way that it is connecting to regardless of whether or not the sidewalk exists or meets its width requirement based on street classification at the time of connection installation. In any case, the connecting sidewalk need only be a minimum of eight feet wide if it is connecting to an existing, proposed, or planned trail/multi-use sidewalk that is eight feet or wider.
    3. Cul-de-Sac Sidewalk Connection Location. Sidewalks must generally be located within the center of the provided easement, with no less than two feet between the edge of the sidewalk and the edge of the easement.
    4. Mid-Block Connections. Where a residential subdivision abuts an arterial or collector street, pedestrian access must be provided from the local street to the arterial or collector street every 600 feet on average, or portion thereof. For distances up to 100 feet, the minimum easement width will be 10 feet. For distances over 100 feet, the minimum easement width will be 16 feet. Within the pedestrian access easement a sidewalk must be installed according to the same requirements under Paragraph 26-5E-2B-2, above. Where deemed appropriate, non-residential (commercial and industrial) subdivisions must provide pedestrian access to arterial and collector streets. The pedestrian and bicycle improvements must be constructed to the applicable design specifications.
    5. Deviation. Where topography or other considerations make the provision of the pedestrian access easement impractical or undesirable, the Planning Board may grant a deviation as per Sec. 26-9C-4, Subdivision—Deviation.
  98. Figure 26-5E-2.1

    Pedestrian Access Easement

     

    (Ord. No. 7627, 02/07/2023) 

    Sec. 26-5E-3. Travel Easements

  99. A.
    Limitations. See Sec. 26-5C-5Travel Easements, for a description of travel easements and limitations on their use.
  100. B.
    Ownership. Ownership, repair, and maintenance of improvements accrues to owners of the land under the travel easement.
  101. C.

    General Requirements

    1. 1.
      The roadway within the travel easement must conform to the most recent edition of the Manual on Uniform Traffic Control Devices, the City’s IDCS, and be approved by the City Engineer.
    2. 2.
      Travel easements may only be used for internal access to properties within a subdivision and are not be allowed to provide access between subdivisions, unless otherwise approved by the Planning Board. If a travel easement is to be used to gain access to adjacent subdivisions, it must be laid out, designed, and constructed in the same manner as a public street.
    3. 3.
      Travel easements may not be gated.
    4. 4.
      Alignments of travel easements must not disrupt the future street or roadway plans of the City or County.
    5. 5.
      Travel easements must not interfere with the continuity or connectivity of the street network within the City nor unreasonably impact an abutting public street or road by limiting alternate travel routes.
    6. 6.
      Building and accessory use setbacks may be measured from the edge of travel easements for developments within a PUD. Building and accessory use setbacks will be measured in the standard manner for land not within a PUD.
  102. D.
    Required Covenants, Easements, and Plat Notations
    1. 1.
      All subdivision plats, all deeds, and all covenants, conditions, and restrictions, or any similar documents, must indicate that neither the City nor County will maintain the travel easement.
    2. 2.
      A restrictive covenant on all private property within the development associated with the travel easement must be established in a form approved by the responsible Governing Body and will be filed with the applicable County Register of Deeds. The covenant will describe the requirements for the construction of the travel easement, the ongoing maintenance of the improvements, and enable the appropriate Governing Body to make such repairs, or to conduct such maintenance, that the property owners failed to provide, and to assess the costs to the property owners. This restrictive covenant will be enforceable by the appropriate Governing Body, and may not be amended without consent of the City or County, as applicable.
    3. 3.
      Provide annotations on the faces of the preliminary and final plats that provide notice that the travel easements are subject to covenants, conditions, and restrictions (CCRs), or similar documents, for maintenance, and they release the City and/or County from all liability for wear and damage that may be caused to the improvements within the travel easements by reasonable use for public purposes.
  103. Sec. 26-5E-4, Conservation Easements

  104. Conservation easements are allowed for the common open spaces within a development to protect and preserve existing site features, whether natural or man-made. Existing site features can include critical habitats for wildlife; rare and unusual plants; wetlands, stream buffers, and floodplains; drainage courses; large or valuable trees; greenways or linear linkages within or across development; or similar irreplaceable assets. The dedication of a conservation easement does not necessarily have to relate to local, state, or federal conservation listings or designated conservation sites. Conservation easements may allow public access for purposes of recreation.
  105. The dedication of conservation easements on final plats will provide the following:
    1. A separate maintenance agreement, approved by the City of Manhattan, will be filed with the easement to define how the easement will be maintained, including the control of invasive or non-native species, as applicable.
    2. The maintenance agreement will be noted on the face of the final plat.
  106. Sec. 26-5E-5, Utility Easements

  107. Easement Width. Where necessary, utility easements will be provided across lots or centered on lot lines. The minimum required width is 16 feet, or eight feet on either side of a lot line. These are not the same as the companion easements that run parallel to rights-of-way (see Sec. 26-5E-8). Easement widths must be appropriately sized to meet engineering design standards as described in City's IDCS (see Subsec. 26-5A-4B).
  108. Underground Installation. All poles, wires, pipes, conduit, and structures to supply electricity, communication services, gas, water, sanitary sewer, storm sewer, and similar or associated services, for all sites and subdivisions within the Manhattan Urban Service Area, must be installed underground, within designated utility easements, by the applicant or utility company, except:
    1. Poles used exclusively for street or area lighting or traffic control signals.
    2. Radio, television, and wireless communication towers and antennas.
    3. Existing poles, overhead wires, and associated overhead structures, when part of a continuous line, or services to individual properties from existing overhead lines that are within a subdivision previously approved; provided, nothing in this Section will prevent the replacement of existing poles, overhead wires, and associated overhead structures or lines when necessary for the purpose of maintaining the line or upgrading the capacity.
    4. Existing poles, overhead wires, and associated overhead structures, when part of a continuous line, or services to individual properties from such existing overhead lines that serve properties adjacent to, but not within, areas being subdivided.
    5. Electric distribution or transmission lines with capacities of 3,000 KVA or more.
    6. Service terminals, transformers, regulators, or meters on above-ground facilities normally used with and as a part of an underground distribution system.
    7. Structures on corner lots, in streets and alleys, and on adjacent easements in cases where electrical and communication wires cross a street or other area where overhead wires are not prohibited, may be connected to overhead wires, and are excepted from the provisions of this Chapter.
    8. Any communication line, which would otherwise be required by this Section to be underground, that uses an overhead pole or structure exempted by this Section.
    9. Underground installation of wiring or electrical power, telephone, and cable television are not required in floodplains, drainage easements, major drainage ways, or other areas where frequently there is standing water.
  109. Utility Boxes and Pedestals. Utility boxes, pedestals, and other utility facilities and equipment must be located outside of other easements, and be located so as not to obstruct surface drainage, or vehicular, pedestrian, or bicyclist visibility or movements at intersections (See Sec. 26-5C-10, Intersection Sight Distance, and Sec. 26-7A-5, Sight Visibility Triangle).
  110. Upgrades. Where above-ground utilities must be upgraded to serve development, redevelopment, or substantially improved development, they must be relocated underground along the boundaries of the development.
  111. Flood Damage Prevention. Public utilities and facilities such as sewer, gas, electrical, and water systems must be located and constructed to minimize potential damage to the utilities and facilities, and to other buildings and structures that may be affected by their failure, in the event of a flood.
  112. Arrangements. The applicant must make the necessary arrangements for the installation of underground facilities, including circuits for streetlights that may be required. Such arrangements must be made with each of the companies or persons supplying utility service in accordance with the established charges of such company or person. Letters from each of such companies or persons, indicating that the arrangements have been made, must be submitted to the applicable City or County Planning Department at the time application is made for a final plat.
  113. Temporary Allowance. In cases where temporary utility service is reasonably required for emergencies, building construction purposes, or other temporary purposes, the responsible City or County Department may grant temporary relief from underground installation requirements to erect, construct, install, or maintain poles, wires, and other overhead structures for a period not to exceed 120 calendar days. If necessary, and after receiving a written explanation and request, the responsible City or County Public Works Department may extend the time for an additional temporary period necessary to allow completion of such construction.
  114. Waiver. See Sec. 26-9C-5, Subdivision—Waiver.
  115. Sec. 26-5E-6. Drainage Easements

    Where necessary, provide storm drainage easements for infrastructure as determined for development in accordance with Sec. 26-5D-2, Drainage Improvements, when the infrastructure is located outside of public right-of-way. Such facilities must also provide for access connections to street rights-of way or travel easements for maintenance purposes. 

    1. Underground conveyance systems must be located in a utility easement in accordance with Sec. 26-5E-5, Utility
    2. Surface conveyance systems must be located in a drainage, conservation, or flowage easement according to the IDCS depending on the applicability and with coordination and concurrence by the City Engineer. Surface conveyance systems include natural drainage channels, improved drainage channels, engineered swales, and types of low-impact development best management practices. Reference the IDCS for geometric requirements for easements associated with surface conveyance systems.
    3. Detention Facilities. Typically, underground facilities will be located in drainage easements and above-ground facilities will be located in conservation easements.
    4. Combination Conveyance Systems. Systems that have both an underground storm water system and a surface conveyance will be designated in drainage easements or conservation easements in accordance with the IDCS depending on the applicability and with coordination and concurrence by the City Engineer.

    Sec. 26-5E-7, Avigation Easements

    Land located within the vicinity of established flight paths and noise impact areas of public-owned or controlled airports, as determined by the Planning Board, are required to grant a permanent avigation easement to the public as may be necessary to allow aircraft to operate within the "Navigable Airspace" as defined by the Federal Aviation Act of 1958, as amended. Consistent with FAA Regulations, the Planning Board may disapprove a plat or portion thereof, which could create a hazardous situation for air traffic and the general public resulting from development and construction of a project (See Sec. 26-3B-1, Airport Overlay (O-A) District).

    Sec. 26-5E-8. Companion Easements

    A companion easement is a general designation for utility and other service easements that are placed along one or both sides of street rights-of-way at widths determined by the affected utilities or services. Specific criteria for the application of companion easements include:

    1. Applicability. The use of companion easements must be determined at the platting stage, either in the preliminary plat or in a replat for residential subdivisions.
    2. Location. Companion easements are parallel to the right-of-way with uniform widths, unless specified differently by the responsible City or County Engineer.
    3. Use. Companion easements can be used for the placement of sidewalks or trails, trees, utilities, street lights, or street signs. Companion easements specified for trees cannot allow utilities as well, and vice-versa.

    (Ord. No. 7627, 02/07/2023) 

    Sec. 26-5F-1, Development Phasing

  116. Generally. A parcel proposed for development may be developed in phases, with each phase separately platted. In such cases, the applicant must submit a phasing plan with the first application for preliminary plat approval. The phasing plan must demonstrate compliance with this Article by showing:
    1. The general arrangements of streets, blocks, and utilities, and how they will connect to the streets shown on the first application for preliminary plat approval.
    2. The general location of drainage facilities.
    3. The general location of protected natural resources and open spaces and how they will fulfill the minimum open space requirements.
    4. The general location of proposed uses and housing types and how they will comply with the minimum/maximum density requirements.
  117. Consistency with Phasing Plan. In considering each subsequent phase shown on the phasing plan, the Planning Board may impose conditions that are necessary to assure the orderly development of the platted land. Such conditions may include temporary alley and street extensions, temporary cul-de-sacs, and off-site utility extensions. In addition, the design and construction of public utilities, including stormwater infrastructure, may be required to meet future drainage conditions, as shown on the phasing plan.
  118. Sec. 26-5F-2, Standards for Benchmarks, Monuments, and Markers

  119. Benchmarks
    1. NGS Datum. All elevations shown on plats must be based on National Geodetic Survey (NGS) datum, per the City's Electronic Spatial and Positional Data Standards;
    2. Plat Notation. The permanent benchmark location and description that is used to extend datum to the project must be noted on the preliminary plat and final plat.
  120. Monuments. All subdivision of land must be monumented prior to recording a plat in accordance with state statute.
    1. Subdivision units. Monuments at the controlling corners of each unit of a subdivision must consist of a bar at least 0.5 inch in diameter and three feet long, and encased in concrete that is at least one foot deep and six inches in diameter. The bar must protrude above the concrete. Variations from the three-foot length may be allowed by the Zoning Administrator based on subsurface conditions.
    2. Lots corners and curves. All lot corners and control points for horizontal curves within the subdivision must be marked with a bar at least 0.5 inch in diameter and at least two feet long.
    3. Identifications. Until a lot is developed and a certificate of occupancy is issued, identification plaques indicating lot numbers must be placed at each lot corner along the front of the lot on posts no less than four feet above ground.
  121. U.S. Government Corners. Whenever a survey originates, or ties to a corner or accessory from a United States public land survey corner or any related accessory, the land surveyor will file, as per Kansas Statutory requirements, a copy of the references report to the corner or accessory with the Department of Archives, Kansas State Historical Society, the applicable County Surveyor or County Agency charged with the preservation information, and the City Engineer. Such reference report must be filed within 30 days of the date the references are made.
    1. Required Restoration. Any altered, removed, damaged, or destroyed corner must be restored.
    2. Restoration Report. Whenever such a corner or any related accessory is restored, re-established, or replaced due to construction activities, a restoration report must be filed with the Department of Archives, Kansas State Historical Society, as specified in the Kansas Statutes.
  122. Existing Markers. At any time during construction of a subdivision, if a stone marker should be found, a Kansas licensed professional surveyor will place an iron disc, metal monument, or magnet placed in proximity to the stone to facilitate the relocation.
  123. Electronic Drawings and Designs. Per the City's electronic spatial and positional data standards, all final plats must be delivered in an electronic format that is acceptable to the Public Works Department.
  124. Sec. 26-5F-3, Plat Notes

  125. Designation of Development Type. For subdivisions that are not “standard” (see Sec. 26-2C-2 or Sec. 26-5B-2), the type must be noted below the name of the subdivision with one of the following phrases, as appropriate:
    1. “A cluster subdivision”
    2. “A master-planned development”
    3. “A village subdivision”
  126. Fort Riley Noise Disclosure Boundary. The following notice must be provided on the face of all preliminary and final plats of property located within the Fort Riley Noise Disclosure Boundary, when identified as such in the deed to the affected property.

    Notice of Potential Noise and Other Impacts Due to Military Training.

    The lots within this subdivision are situated in an area that may be subjected to conditions resulting from military training at Fort Riley. Such conditions may include the firing of small and large caliber weapons, the over flight of both fixed-wing and rotary-wing aircraft, the movement of vehicles, the use of generators and other accepted and customary military training activities. These activities ordinarily and necessarily produce, noise, dust, smoke and other conditions that may not be compatible with the permitted land uses intended to be located in this subdivision according to established federal guidelines, state guidelines or both. Therefore, this Subdivision is subject to the “Notice of Potential Noise Impacts from Fort Riley, Kansas Military Installation and Recommended Noise Attenuation Building Methods” recorded on (insert date) in Book _____ Page ______.

  127. Floodplain. See provisions of Subsec. 26-6B-1D, Subdivision Requirements.
  128. Easements. See Subsection 26-5E-1D, Notation on Plat.
  129. Sec. 26-5F-4, Covenant, Conditions, and Restrictions

  130.  Required Homeowners, Condominium, or Property Owners Association
    1. Required Property Owners Association. Any subdivision or development for which compliance with the standards of this Chapter, or with conditions of approval, requires a continuing obligation (e.g., to own and maintain common open space) is subject to a mandatory association and a recorded declaration of covenants, conditions, and restrictions (CCRs) that ensures such continuing compliance.
    2. Incorporation. If required by this Chapter, or required as a condition of approval, the applicant must incorporate an association that will bear responsibility for ensuring continuing compliance with this Chapter and conditions of approval.
  131. Required Covenants, Conditions, and Restrictions (CCRs)
    1. Required. Conditions and requirements of development approval that require ongoing efforts of tenants or successors in title must be included in a declaration of CCRs for the property that must be recorded in the office of the Register of Deeds of the responsible County for the property at the applicant's expense.
    2. Limited Waiver. Developments that are approved under unified ownership and control are not required to have CCRs, provided that a single property owner is responsible for the ongoing compliance of the development with the requirements of this Chapter and any conditions of approval. However, a development that is approved under unified ownership and control must not be conveyed into multiple ownerships (e.g., individual buildings in an office park being sold to separate entities, or individual residential lots) until required CCRs are recorded and have been accepted by the responsible Governing Body.
    3. Timing. The applicant must provide proposed CCRs to the responsible Governing Body:
      1. Upon filing the application for plat approval; or
      2. If no plat approval is sought, before the issuance of any permit that directly authorizes development. Development approvals that require CCRs are contingent upon approval of the CCR document by the responsible Zoning Administrator.
    4. Plat Annotations. Where a plat is required, the CCRs must be referenced on the plat. If the plat is recorded prior to the CCRs being recording, the plat must contain a note that the development is subject to CCRs.
  132. Limited Review of Incorporation Documents and CCRs. The responsible Governing Body will approve only those CCRs that relate to the development approval, and its right of enforcement extends only to those matters that substantially bear upon them. The responsible Governing Body will not seek to intervene in purely private disputes about CCRs. The responsible City or County Attorney will review the incorporation documents and CCRs to ensure that the provisions are included in a form that is acceptable.
  133. Maintenance of Association Property
    1. Generally. The association is responsible for any item that is required to be maintained by the association as provided in this Section.
    2. Maintenance Charges to Association. The covenants, conditions, and restrictions (CCRs) must include a provision that authorizes the responsible Governing Body to:
      1. Notify the association through its designated agent or, if the designated agent is unknown, through notice to individual owners of record that property within its control requires maintenance to meet the standards of this Chapter or the conditions of approval of the development or subdivision.
      2. Perform, or cause to be performed, the required maintenance after no fewer than 10 business days have passed following notice to the association.
      3. Charge the association for the maintenance, or charge individual lot owners (pro rata according to their share of obligations for dues) for the costs of the maintenance, including an administrative charge.
    3. Policy Regarding Maintenance Charges. If the responsible Governing Body provides notice pursuant to CCRs that incorporate the above requirements, then the responsible Governing Body will allow the association to perform the required maintenance if:
      1. The association or lot owner(s) provides sufficient written assurances that such maintenance deficiencies will be corrected within a reasonable period of time agreed to by the responsible City or County Engineer.
      2. The responsible Governing Body is paid its administrative costs for sending the notice.
      3. The required maintenance is performed.