The subdivision regulations contained in this article shall govern the subdivision of land located within the City.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

These regulations are adopted pursuant to the authority of applicable provisions of the Kansas Statutes Annotated and Article 2, Section 5 of the Kansas Constitution.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

For purposes of interpreting these regulations, the following rules shall apply.

(a)

Unless the context clearly indicates to the contrary words used in the present tense include the future tense, words used in the singular include the plural, words used in the plural include the singular, words importing the masculine gender include the feminine and neuter, the word "shall" is mandatory, the word "building" includes the word "structure," and the term "used for" includes "designed for" or "intended for."

(b)

Unless specifically provided, in computing any period of time prescribed or allowed by these regulations, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday. A half-holiday shall be considered as other days and not as a holiday. "Legal holiday" includes any day designated as a holiday by the Congress of the United States or by the Kansas legislature. Whenever a notice, petition or other document is required to be filed within a specified time period, the notice, petition or document must be filed with the appropriate City official or in the appropriate City office not later than 5:00 p.m. on the last day of the period as computed above.

(c)

Where these regulations permit or require an act on the part of an "owner" or "landowner," or a particular lot or tract of land is owned by several persons, whether in joint tenancy, tenancy in common, partnership, joint venture or other form of joint ownership, the act shall be taken on behalf of, and with the express consent of, all these persons.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

(a)

Where a word or term is not defined in this article but is defined elsewhere in this chapter or in the City Code, the definition shall be applicable unless the context indicates that a standard dictionary definition is more appropriate.

(b)

Where a word or term is defined in this article and also defined elsewhere in this chapter, the definition contained in this article shall be generally applicable except in the Article or section to which the other definition applies.

(c)

The words and terms contained hereinafter shall be defined to mean as follows:

(1)

The City Code means the Code of the City of Roeland Park, Kansas.

(2)

Flood plain or 100-year flood plain means the area within the floodway and the floodway fringe.

(3)

Floodway means the channel of a river or other waste course and the adjacent land areas that must be reserved in order to discharge a flood having a one percent change of being equaled or exceeded in any given year without cumulatively increasing the water surface elevation more than one foot at any point assuming equal conveyance reduction outside the channel from the two sides of the flood plain.

(4)

Platted means real property which is the subject of a final plat, or replat, recorded with the Register of Deeds of Johnson County, Kansas. Final plat means a drawing of a permanent nature showing the precise location and dimension of the feature as streets, lots, easements and other elements pertinent to transfer of property and prepared for permanent record. Preliminary plat means a drawing showing the proposed general pattern of streets, lots and land uses within a tract to be subdivided.

(5)

Postage-stamp lot means a small lot typically contained within an owner's association held common lot or outlot and intended to define the immediate area surrounding the perimeter of an individual townhouse or rowhouse unit or commercial building for ownership purposes. Postage-stamp lots are generally designed to be established no closer than five feet from any foundation or building wall, excluding shared walls located along a common lot line.

(6)

Rule exceptions means the allowing of a subdivision to deviate from one or more specific standards and requirements of these rules and regulations.

(7)

Subdivider means a person, firm or corporation undertaking the subdivision of land.

(8)

Subdivision, except for "lot-split" as defined below, means the division of a lot, tract or parcel of land into two or more lots, plots or sites, and includes the re-subdivision of land and the vacation of streets, lots or alleys. The creation of a street, alley or other public way by dedication shall be deemed a subdivision. "Lot-split" means the division of a lot into two or more lots or portions thereof.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

Except as otherwise provided in this article, no subdivision may be developed within the City until both a preliminary and final plat have been filed and approved in accordance with the provisions set forth herein; provided, however, that the landowner may elect to submit a final plat without first having had a preliminary plat approved. Approval of a preliminary plat does not constitute acceptance of the subdivision, but authorizes preparation of the final plat. No improvements shall take place in the subdivision prior to approval and recording of the final plat and submittal of street construction plans to the City Engineer, and the approval thereof.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

All conditions to approval of a subdivision by the Planning Commission which run with the land or the acceptance of dedications of land by the Governing Body, and all rule exceptions granted by the Planning Commission, shall be clearly stated on the final plat prior to its recording by appropriate City officials.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

Approval of a final plat by the Planning Commission shall be endorsed on the plat by the chairman of the Planning Commission acceptance of lands dedicated for public purposes that have been approved by the Governing Body shall be endorsed on the plat by the Mayor. Thereafter, the final plat shall be filed with the Register of Deeds as provided by law; no plat shall be filed with the Register of Deeds prior to its endorsement by the appropriate City officials. No final plat shall be recorded except by the City without approval of the City Engineer, or his or her designee.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

Subdivision proposals shall be designed to assure that all proposals are consistent with the need to minimize flood damage, that all public utilities and facilities (such as sewer, gas, electrical and water systems) are located, elevated and constructed to minimize or eliminate flood damage and that adequate drainage is provided so as to reduce exposure to flood hazards.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

Care shall be exercised in the design and layout out of streets, lots and other elements of a subdivision so that good planning principles are followed, efficient use is made of land and natural assets, such as trees and topography, can be retained wherever practicable. Except as provided in section 16-1411 dead-end streets shall not be permitted except where the streets are provided to connect with future streets on adjacent land, off-center street intersections with an offset of less than 15 feet between center lines shall not be permitted. Surface drainage easements shall be provided as necessary, and the City may request installation of pipe, masonry or rip-rap flumes, or other protective devices in order that adjacent or surrounding property shall not be endangered and maintenance requirements will be kept to a minimum.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

The system of streets designated for a subdivision must connect with any streets already platted to its boundary from abutting subdivisions. Streets must be continued to the boundaries of the tract subdivided at reasonable intervals so that future abutting subdivisions may connect therewith.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

Culs-de-sac may be permitted where a vehicular connection is not essential. Culs-de-sac shall provide proper access to all lots and a turnaround shall be provided at the closed end with a outside street line radius of at least 50 feet. The length of culs-de-sac shall not exceed 700 feet, measured from the near-side right-of-way line of the intersecting street to the center line of the cul-de-sac turnaround.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

A tract subdivided into parcels larger than normal building lots shall be arranged so as to permit the opening of future streets and a logical pattern of re-subdivision.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

All streets within subdivisions shall conform to the applicable minimum design standards set forth in Section 13-108 of the City Code.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

No plat containing proposed private streets shall be approved by the Planning Commission unless the proposal to utilize private streets has been previously approved by the Governing Body and adequate assurances are provided for maintenance of those streets. Private streets shall be designed in conformance with the minimum design standards set forth in Section 13-107 of the City Code, and shall be designated as a separate tract or tracts under common ownership on the plat. In addition, public access easements shall be dedicated to assure adequate access to all subdivision lots served by the private street for government agencies and public utilities consistent with access provided elsewhere by public streets.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

Intersecting streets determining block lengths shall be provided at intervals as to serve cross traffic adequately and to meet existing or future streets. Where no existing plats control, block lengths shall not exceed 1,500 feet.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

In blocks where substantial pedestrian traffic may occur, e.g., adjacent to schools, the Planning Commission may require pedestrian walkways through blocks: The walkways shall be ten to 15 feet in width, constructed of concrete the entire length and adequately fenced. These walkways may be required to be dedicated to the public in the same manner, as streets.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

The number of residential lots facing onto collector streets shall be kept to a minimum in each subdivision. The street patterns shall be so designed that the side lines of lots abut collector streets wherever land shapes and topography permit.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

(a)

Every residential lot shall front on a public or private street.

(b)

Every non-residential lot shall front on a public or private street or have access to a public or private street by means of a public access easement to a point approved by the City.

(c)

Postage-stamp lots may or may not have public street frontage but shall at a minimum have access to public streets and public utilities via an owner's associate held common lot or outlot.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

The use of double-frontage lots shall be minimized in all subdivisions.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

Residential lots shall not be designed so as to face onto existing arterials. No person shall construct or have constructed a driveway on a residential lot with direct access onto a designated thoroughfare. All plats shall contain language prohibiting the construction of driveways onto arterials.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

Residential lots in conventional zoning districts shall have an average depth of not less than 115 feet. This provision does not apply to approved postage-stamp lots.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

All lots shall conform to the applicable zoning district regulations pertaining to minimum lot dimensions. Lots otherwise containing sufficient lot area may have a width at the front lot line of not less than 35 feet when the lots front on a cul-de-sac. This provision does not apply to approved postage-stamp lots.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

(a)

In case of hardship caused by the size, location or configuration of land, topography or other factors which affect a specific tract or subdivision or portion thereof, the subdivider may request a rule exception from the requirements of this article relating to lot and street layout, block lengths, cul-de-sac lengths, or minimum lot dimensions. Rule exceptions shall be requested at the time of filing the application for the preliminary or final plat on forms provided by the City. Rule exceptions shall not be approved by the Planning Commission unless it finds that the approval will not be contrary to the public interest or unnecessarily burden the City.

(b)

Rule exceptions may also be granted to facilitate conveyance of land between two adjacent platted lots under the following circumstances: the sale is to an adjacent property owner; both lots in question are platted; legal descriptions of the resulting lots are prepared and recorded with the Register of Deeds following approval of the rule exception by the Planning Commission; no extension or relocation of public infrastructure is required; no easements are affected or required; and the transaction does not create nonconforming lots or nonconforming site improvements. Application for such rule exceptions shall be requested on forms provided by the City and shall not require replatting. Rule exceptions shall not be approved by the Planning Commission unless it finds that the approval will not be contrary to the public interest or unnecessarily burden the City.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

No building or zoning permits shall be issued pursuant to other provisions of the City Code unless the applicant can demonstrate compliance with the provisions of this article. Provided, however, that land which has already been platted need not be replatted so long as all other requirements of this article, including development standards and required improvements, are satisfied. Provided further, that the owner of a single lot may apply to the Board of Zoning Appeals for a variance from any applicable development standards in appropriate cases. The Board of Zoning Appeals shall consider variance requests in the same manner, and subject to the same standards, as requests for variances from the zoning regulations.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

The provisions of these regulations are not intended to abrogate any deed restriction, covenant, easement or any other private agreement or restriction on the use of land. Provided, that, where the provisions of this chapter are more restrictive or impose higher standards than any private restriction, the requirements of this chapter shall control. Where the provisions of any private restriction are more restrictive or impose higher standards than the provisions of this chapter, private restrictions shall control, if properly enforced by a person having the legal right to enforce these restrictions. Private restrictions shall not be enforced by the City.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

(a)

The violation of any provision of these regulations is hereby declared to be a public offense and subject to the general penalty provisions contained in section 1-117 of the City Code. Each day's violation of these regulations shall constitute a separate offense.

(b)

The City shall have the authority to maintain civil suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of these regulations and to abate nuisances maintained in violation thereof. In the event that any building or structure is or is proposed to be erected constructed, altered, converted or maintained in violation of these regulations, or any building, structure or land is proposed to be used in violation of these regulations, the City Attorney, or other appropriate authority of the City may, in addition to any other remedies, institute injunction, mandamus or other appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate the violation, or to prevent the occupancy of the building, structure or land.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

Whenever a proposed subdivision abuts a public street, or a proposed public street as indicated on the plat or the official street map, and adequate right-of-way does not exist for the street or proposed street in accordance with the standards set forth in section 13-107 of the City Code, or other right-of-way requirements established by a transportation corridor study, traffic analyses or area plan accepted by the City, the subdivider shall dedicate to the City the right-of-way as is necessary to provide conformity with the standards up to a total of one-half of the dedicated right-of-way requirements, the dedication shall be shown on the preliminary and final plat.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

In residential subdivisions, the Planning Commission shall require the reservation or dedication of land for open space or public recreational use in order to ensure the proper balance of uses and to avoid the overcrowding of land. The reservation or dedication shall be determined by the geometric design of the streets, lots, blocks or other natural features of the subdivision, but the reservation or dedication shall not exceed ten percent of the tract being subdivided, exclusive of streets, alleys, easements or other public ways. Dedication of land for open space or public parkland shall be subject to acceptance by the Governing Body as provided in subsection 16-1437(d). In lieu of dedication of land or open space or public parkland, the Planning Commission or Governing Body may require the developer to pay a fee to the City. Any fees shall be in the amount of the fair market value of the land otherwise required to be dedicated, or other amount which appropriately reflects the proportionate benefit to the subdivision, and shall be deposited in a fund earmarked for the recreational facilities. The determination of the amount of the fee to be paid shall be made by the Governing Body at the time the plat is submitted to the Governing Body for consideration of acceptance of land to be dedicated for public purposes. The landowner shall be entitled to present evidence to the Governing Body concerning the appropriate fee to be paid, including, but not limited to, evidence of the fair market value of the land.

(Ord. No. 1056, § 6(Exh. F), 8-5-2024)

(a)

A previously platted lot may be divided as a lot split by either metes and bounds description or by replatting. If a lot is to be divided by metes and bounds description, it may only be divided one time and by only one new dividing lot line, and shall not again be divided without replatting. Any lot split need not comply with the procedures set out in this article for platting. All lots produced by a lot split shall conform to all minimum standards of this article and other applicable provisions of the City Code. No building permit shall be issued for a lot produced by a lot split until the lot split has been reviewed and approved in writing by the City Engineer, or his or her designee, as being in compliance with these regulations.

(b)

Lots zoned for industrial purposes may be divided into two or more tracts without replatting the lot. Provided, however, that the lot so produced shall conform to all minimum standards of this article and other applicable provisions of the City Code.

Applications for lot splits shall be accompanied by a survey showing the new lots to be created, together with legal descriptions of each new lot.

The Building Inspector shall approve applications for lot splits if it is determined that the lot has not been previously split, that the new lots so created conform to the requirements of this chapter, and that adequate street rights-of-way and easements exist to serve the properties. The Building Inspector may require the dedication of additional street rights-of-way or easements as a condition precedent to issuance of buildings permits for the new lots where the dedications are reasonably related to the development of the properties. All applications for lot splits shall be acted upon by the Building Inspector within 30 days after receipt of a complete application therefor. Denial of an application for a lot split by the Building Inspector may be appealed to the Planning Commission, which shall act on the appeal within 30 days following the filing thereof. All decisions of the Planning Commission shall be final.

(a)

Eight copies of the preliminary plat shall be submitted in support of the application. The plat shall contain the following information:

(1)

North arrow and scale.

(2)

Legal description.

(3)

The proposed name of the subdivisions and the names of adjacent subdivisions.

(4)

The boundary lines of the tract with approximate dimensions.

(5)

The general pattern and sizes of proposed lots and tracts.

(6)

The general location, width and alignment of existing and proposed streets, alleys and sidewalks.

(7)

All platted or existing streets and property lines or land adjacent for a distance of not less than 400 feet.

(8)

Topography of the area contained in the plat shown by two-foot contour intervals.

(9)

Approximate gradients of proposed streets within the plat.

(10)

Description of any existing streets or roads which abut, touch upon or extend through the subdivision. The description shall include types and widths of existing surfaces, right-of-way widths, and dimensions of any bridges or culverts.

(11)

Boundary limits of the 100-year flood plain.

(12)

The proposed use of land, whether for single-family, multi-family, commercial, industrial, parks, schools, etc.

(13)

Name and address of landowner.

(14)

Name and address of architect, landscape architect, planner, engineer, surveyor or other person involved in the preparation of the plat.

(15)

Date of preparation of the plat.

(16)

Signature block for appropriate City officials.

(b)

The following items shall be submitted in support of an application for preliminary plat approval:

(1)

All technical studies as may be reasonably be required by the City Engineer.

(2)

Assurances of adequate public facilities as required by section 16-305.

(a)

At the time of submittal of a preliminary plat application, the applicant shall submit proof of having reviewed the development proposal with applicable water, sewer, fire, gas and electric utility officials. Proof of review shall be provided on forms furnished by the City Engineer. These forms shall provide an opportunity for applicable water, sewer, fire, gas and electric officials to provide comments on the existing and future availability and timing of services provided by their respective districts to the subject property.

(b)

At the time of submittal of a final plat application, the applicant shall submit proof that adequate water, sewer, fire, gas and electric services are presently available to the subject property. If adequate public facilities and services are not presently available at the time of submittal of applications for final plats, or are not planned for the near future to appropriately serve the proposed development, as determined by the affected utility company or agency, the final plat may be denied.

Where property has been zoned to a planned zoning district, an approved preliminary development plan may substitute for a preliminary plat where that preliminary development plan contains all information required for preliminary plats as set forth in section 16-1436.

(a)

Consideration of preliminary plats shall be at a public hearing, following written notice of the time and place of the hearing being sent to surrounding property owners within 200 feet of the area covered by the preliminary plat. The notice shall be sent by certified mail, return receipt requested, at least ten days prior to the date scheduled for the hearing. Where the plat is a replat of a part of an existing subdivision, and property rights or interests of property owners within the subdivision (but not included within the area being replatted) may be affected by the replatting, notice shall also be sent, in the same manner, to all property owners whose property rights or interests may be affected.

(b)

The Planning Commission shall approve the preliminary plat, if it finds that the following criteria are satisfied:

(1)

Proposed preliminary plat conforms to the requirements of this article, the applicable zoning district regulations and any other applicable provisions of the City Code, subject only to acceptable rule exceptions.

(2)

The subdivision represents an overall development pattern that is consistent with the comprehensive plan and the official street map.

(3)

The plat contains a sound, well-conceived parcel and land subdivision layout which is consistent with good land planning and site engineering design principles.

(4)

The spacing and design of proposed curb cuts and intersection locations is consistent with good traffic engineering design and public safety considerations.

(5)

All submission requirements have been satisfied.

(c)

The action of the Planning Commission to approve or deny the proposed preliminary plat shall be taken by a majority vote of the membership thereof. A preliminary plat shall be deemed to have been approved if the Planning Commission has not taken action to approve or deny the proposed preliminary plat within 60 days after the first meeting of the commission following the date of submission of the plat to the secretary. The decision of the Planning Commission to approve or deny the proposed preliminary plat shall be final.

(a)

Final plats shall be drawn to a scale of one inch to 100 feet, or at another scale acceptable to the City Engineer. Eight copies of the final plat shall be submitted in support of the application. The final plat shall contain the following information:

(1)

North arrow and scale.

(2)

Legal description.

(3)

The name of the subdivision and adjacent subdivisions.

(4)

A system of lot and block numbers in orderly sequence.

(5)

The names of streets which shall conform to the existing pattern.

(6)

A boundary survey of third order surveying accuracy (maximum closure error one in 5,000) with bearings and distances referring to section or fractional section corners or other baseline shown on the plat and readily reproducible on the ground.

(7)

Calculation sheets containing the following data: length and radii of all curb, street and lot lines; bearings and length of all straight street and lot lines; and the area in square feet of each lot. Bearings and distances referring to section or fractional section corners or other baseline shown on the plat shall be readily reproducible on the ground.

(8)

The dimensions, in feet and decimals of feet, of setback lines along front and side streets and the location and dimension of all necessary easements.

(9)

Certification of dedication of all streets, highways and other rights-of-way or parcels for public park or other public use, signed by the owners and all other parties who have a mortgage or lien interest in the property.

(10)

A statement on the plat concerning utility easements as follows:

"An easement or license to enter upon, locate, construct and maintain or authorize the location, construction or maintenance and use of conduits, water, gas, sewer pipes, poles, wires, drainage facilities, ducts and cables, and similar facilities, upon, over and under these areas outlined and designated on this plat as "Utility Easement" or "U/E," is hereby granted to the City of Roeland Park, Kansas, and other governmental entities as may be authorized by state law to use the easement for these purposes."

(11)

A statement on the plat concerning prior easement rights as follows:

"The undersigned proprietor of that property shown on this plat does hereby dedicate for public use and public ways and thoroughfares, all parcels and parts of land indicated on that plat as streets, terraces, places, roads, drives, lanes, avenues and alleys not heretofore dedicated. Where prior easement rights have been granted to any person, utility or corporation on those parts of the land so dedicated, and any pipes, lines, poles and wires, conduits, ducts or cables heretofore installed thereupon and therein are required to be relocated, in accordance with proposed improvements as now set forth, the undersigned proprietor hereby absolves and agrees to indemnify the City of Roeland Park, Kansas, from any expense incident to the relocation of any existing utility installations within the prior easement."

(12)

Location and elevations of the 100-year flood plain for all lots thereby affected shall be shown and shall include calculations.

(13)

Certification by a registered surveyor to the effect that the plat represents a survey made by him or her.

(14)

Name and address of landowner.

(15)

Name and address of the engineer and surveyor preparing the plat.

(16)

Date of preparation of the plat.

(17)

Signature block for appropriate City officials.

(b)

The following items shall be submitted in support of the application for final plat approval:

(1)

All technical studies as may reasonably be required by the City Engineer.

(2)

Assurances of adequate public facilities as required by section 16-305.

(a)

Where the landowner elects to submit a final plat without first having had a preliminary plat approved, the proposed final plat may not be approved except after public hearing with written notice to surrounding property owners in the same manner as required for preliminary plats pursuant to subsection 16-1435(a) and after Planning Commission findings that the criteria set forth in subsection 16-1435(b) are satisfied.

(b)

Final plats shall be approved by the Planning Commission if it determines that:

(1)

The final plat substantially conforms to the approved preliminary plat and rule exceptions granted thereto.

(2)

The plat conforms to all applicable requirements of the City Code, subject only to approved rule exceptions.

(3)

All submission requirements have been satisfied.

(c)

The action of the Planning Commission to approve or deny the proposed final plat shall be taken by a majority vote of the membership thereof. A final plat shall be deemed to have been approved if the Planning Commission has not taken action to approve or deny the proposed final plat within 60 days after the first meeting of the commission following the date of submission of the plat to the secretary.

(d)

Following approval of the final plat by the Planning Commission, the final plat shall be submitted to the Governing Body for review of land proposed to be dedicated for public purposes. The Governing Body shall approve or disapprove the dedication of land for public purposes within 30 days after the first meeting of the Governing Body following the date of the submission of the plat to the City Clerk. The Governing Body may defer action for an additional 30 days for the purpose of allowing for modifications to comply with the requirements established by the Governing Body. No additional filing fees shall be assessed during that period. If the Governing Body defers or disapproves any dedication, it shall advise the Planning Commission of the reasons therefor. No plat shall be filed with the Register of Deeds unless the plat bears the endorsement that the land dedicated to public purposes has been approved by the Governing Body.

(e)

Final plats shall be recorded with the Register of Deeds within 15 months following Governing Body approval of land dedicated to public purposes. Final plats which are not recorded within that time period shall be deemed null and void.

The subdivider shall be required to construct certain public improvements within the subdivision as hereinafter provided. These improvements shall not be installed prior to proper recording of the final play by the City. All improvements installed by the developer shall comply with the specifications and standards of the City as set forth in this chapter or elsewhere in the City Code.

(a)

The subdivider shall be responsible for the installation of all streets including curbing, within the boundaries of the subdivision. No grading or other construction shall take place within a street right-of-way until the construction plans have been approved by the City Engineer. All street construction shall conform to the specifications of the City and compliance therewith shall be confirmed by the City Engineer prior to release of any surety required hereinafter.

(b)

In the case of a subdivision which abuts an existing or proposed collector or arterial street that does not contain a paved surface conforming to the standards established in section 13-107 of the Code, then the following standards and procedures shall apply. If the street or roadway consists of seal-coated surface, crushed rock or material other than asphaltic concrete, or if the surface is less than 24 feet in width and three inches in depth, or has an irregular deteriorated surface as determined by the City Engineer, then the subdivider shall improve the length of the roadway abutting the subdivision as part of the subdivision development process. These improvement shall consist of not less than a three-inch overlay of hotmix asphaltic concrete 24 feet in width. The subdivider shall also perform whatever grading is necessary so that the subdivision grades are compatible with those depicted for any adjacent proposed collector or thoroughfare street in street plans available from the City Engineer. In the event that preliminary or final street plans have not been prepared for the collector or arterial street, the subdivider will be required to furnish a preliminary street plan which employs the standards established in section 13-107 of the City Code. Plans and specifications for that pavement and grading, and where applicable preliminary street plans shall be approved by the City Engineer in the same manner as other construction in the City. Preliminary street plans shall be approved by the City Engineer, and will be kept on file in the office of the Building Inspector.

(a)

Within the boundaries of a subdivision, sidewalks shall be installed by the subdivider on both sides of all arterials and collector streets and on one side of all local residential streets. In industrial parks or business parks, sidewalks shall be required only on arterial, collector streets or peripheral streets. All sidewalks shall be no less than four feet in width, of Portland cement concrete, and shall comply with the specifications of the City. Sidewalks shall be located in the platted street right-of-way abutting the property line. Sidewalks shall also be installed in any pedestrian easements as may be required by the Planning Commission. Sidewalks need not be installed where a rule exception has been approved by both the Planning Commission and the Governing Body.

(b)

Where a subdivision abuts an existing collector street or an arterial that does not contain a paved surface conforming to the standards in section 13-107 of the City Code, the subdivider need not install sidewalks, but shall pay to the City sufficient funds to pay the costs of construction of all required sidewalks abutting the collector streets or arterials. Payment shall be made prior to the recording of the final plat. The amount of the payment is to be estimated by the City Engineer and is to be based upon the work involved and shall be deposited in cash with the City Clerk. If the sum is $50,000.00 or greater, the applicant may deposit either cash or an irrevocable letter of credit from an acceptable financial institution payable to the City, collectible no later than one year from the date of recording of the plat.

The funds collected from the applicant or from the irrevocable letter of credit shall be placed in an escrow account and set aside for the construction of the sidewalks to be constructed when scheduled on the City's capital improvements program or, in any event, within 20 years from the time the cash is placed in escrow, or within 19 years from the cashing of the irrevocable letter of credit. In the event that the construction of these sidewalks is not made within the time stated above, the funds from the escrow account, together with the actual accrued interest, shall be returned to the subdivider or its successors in interest.

The subdivider shall install culverts, storm sewers, rip-rap slopes, stabilized ditches, storm water detention facilities and other improvements necessary to adequately handle storm water. All improvements shall comply with the standards in section 13-107 of the City Code and shall be approved by the City Engineer prior to construction.

(a)

Except as otherwise provided in this section, all utilities shall be installed underground within designated easements by the subdivider or utility company prior to the issuance of a certificate of occupancy. For purposes of this section, the term "utilities" shall include, but not be limited to, all pipes, poles, wires, connections, conductors, switchers, line transformers and insulators which supply natural gas, electricity, sewage or water, or which may be used for communications transmission.

(b)

The subdivider, developer or owner of any area or portion thereof shall make the necessary arrangements for the installation of underground utilities. These arrangements shall be made with the utility company. A letter from the utility company confirming that the underground installation as required by this section has been completed shall be submitted to the Building Inspector at the time that a certificate of occupancy is requested. A certificate of occupancy shall not be granted absent confirmation.

(c)

The provisions of this section shall not apply to any of the follow uses:

(1)

All electrical power lines rated at or above "feeder" line class. For purposes hereof, a "feeder" line is defined as that portion of an electrical circuit which provides power from a power substation and which has a rated capacity of 3,000 KVA or more.

(2)

All telecable lines rated at or above "trunk" line class. For purposes hereof, a "trunk" line is defined as that portion of a telecable systems line that is .750 inches in diameter.

(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 in accordance in conformance with existing regulations.

(4)

Existing poles, overhead wires, and associated overhead structures, when part of a continuous line, or services to individual properties from existing overhead lines that serve properties adjacent to but not within areas being subdivided.

(5)

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.

(6)

Radio and television antennas.

(7)

Structures on corner lots, in streets and alleys, and on easements adjacent thereto, and in cases where electrical and communication wires cross a street or other district boundary from an area where overhead wires are not prohibited, may be connected to those overhead wires.

(8)

Overhead lines attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location of the building to another location of the building or to an adjacent building without crossing a property line.

(9)

Poles used exclusively for street or area lighting or for traffic control facilities.

(10)

Service terminals, transformers, regulators, meters or other on- and aboveground appurtenances normally used with and as a part of an underground distribution system.

(d)

Nothing in this section will prevent the replacement of poles, overhead wires, and associated overhead structures on these lines when necessary for the purpose of maintaining the line or upgrading the capacity thereof or, in the case of single-phase lines, the addition of the necessary facilities to three-phasing of the line.

(a)

The subdivider shall be responsible for the proper installation of sanitary sewers (and connection to approved treatment facilities), and the provision of water supply, natural gas, electricity and telephone service. All services and utilities shall be installed according to the specifications and minimum standards of the controlling utility company or public agency except as otherwise provided by this chapter.

(b)

Except as may be otherwise provided pursuant to section 15-201 of the City Code, no subdivision shall be approved and no construction therein permitted until a sewer district has been created.

The developer shall be responsible for paying the cost of installation of street signs as determined by the public works department at all street intersections within the subdivision. These signs shall follow the street names designated on the approved final plat. The signs shall be installed by the City. Payment for the installation of these signs shall be made in full prior to approval of construction plans for each phase of development.

Street lighting shall be installed by the subdivider in accordance with the provisions of section 13-107 of the City Code.

The proper installation of streets, curbs and gutters, sidewalks, storm drainage facilities, pedestrian walkways, street lights, right-of-way and lot grading and other required improvements shall be guaranteed by the subdivider or his agent by furnishing surety in the form of a performance and maintenance bond. The bond shall be to the favor of the City and shall be furnished at the time construction plans are submitted for approval. The amount of the bond shall be for the full cost of the improvements and shall remain in effect for one year from the date of completion and acceptance by the City. The bond shall be properly executed prior to any grading or construction and shall be released upon written approval of the City Engineer. A building permit shall not be issued for a lot or tract in a subdivision which abuts a street for which a bond has not been furnished.

Where a subdivision abuts an existing or proposed collector street or arterial that does not contain a paved surface conforming to the standards established in section 13-107 of the City Code, funds shall be contributed for the improvement of the roadway as provided herein.

(a)

Prior to the recording of an approved final plat, the subdivider shall pay to the City sufficient funds to pay one-half of the cost of construction of a 36-foot wide collector street or streets abutting the subdivision. The amount of these funds is to be estimated by the City Engineer and is to be based upon the work involved. These funds shall be deposited in cash with the City Clerk.

(b)

If the amount required pursuant to subsection (a) above is $50,000.00 or greater, the subdivider may deposit with the City Clerk either cash or an irrevocable letter of credit from an acceptable financial institution payable to the City, collectible no later than one year from the date of issuance. The funds collected from the subdivider or from the irrevocable letter of credit shall be placed in an escrow account set aside for the improvement of that street or streets to the standards established in section 13-107 of the City Code. The escrow account shall be the only financial contribution paid by the subdivider or its successors in interest for collector or thoroughfare streets serving the platted land, and the improvements will be made when scheduled on the City's capital improvements program. Improvements shall be made within 20 years from the time cash is placed into escrow or within 19 years from the cashing of the irrevocable letter of credit. In the event that the improvements are not made within the time stated above, the funds from the escrow account, together with the actual accrued interest, shall be returned to the subdivider or its successors in interest.

(c)

The Governing Body may waive all or a portion of the payment required by this section in cases where it determines that the circumstances are unique and compensating benefits are provided to the public.