Topeka City Zoning Code
Division 3
Subdivisions
18.30 General Provisions
18.35 Platting
State Law References:Platting, K.S.A. 12-752.
Within 15 days from the submission of the preapplication plan, the subdivider will be informed by the Planning Commission whether the plans and data submitted meet with the objectives of this division. If the Planning Commission finds that the plans and data do not meet the requirements of this division, it shall advise the subdivider of the requirements not met.
18.40 Design Standards
(a) Purpose. The creation and maintenance of stream buffers benefits the environment by protecting water quality and riparian ecosystems. This section shall, to the greatest extent possible, incorporate the City’s stream buffer requirements contained in TMC 17.10.010, et seq.
(b) Definitions. The terms, words and phrases used in this section shall have the meanings ascribed to them in TMC 17.10.020.
18.30.010 Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Alley” means a public thoroughfare which affords only a secondary means of access to abutting property.
“Block” means a piece or parcel of land entirely surrounded by public highways, streets, streams, railroad rights-of-way, parks, etc., or a combination thereof.
Collector Streets.
(1) Primary. This class of street serves the internal traffic movement within an area of the City such as a subdivision and connects this area with the arterial system. It is intended to equally serve abutting property while at the same time serving traffic movements for commercial and transit vehicles, and is normally spaced at one-half intervals between the major traffic thoroughfares in the normal gridiron system.
(2) Secondary. This class of street serves the internal traffic movement within an area of the City such as a subdivision and connects this area with the primary and arterial system. It is intended to serve abutting property while at the same time serving traffic movements excluding commercial and transit vehicles.
“Comprehensive plan” means the comprehensive metropolitan plan described in Chapter 18.05 TMC.
“Cul-de-sac” means a street having one end open to traffic and being permanently terminated by a vehicle turnaround at the closed end.
“Design” means the location of streets, alignment of streets, grades and widths of streets, alignment and widths of easements and rights-of-way for drainage and sanitary sewers, and the designation of minimum lot area and width.
“Easement” means a grant by the property owner to a person or to the public of the right to the use of a strip of land for specific purposes.
“Final plat” means a plan or map prepared in accordance with the provisions of this division and those of any other applicable City ordinances, which plat is prepared to be placed on record in the office of the county register of deeds for counties in which the subdivision is located.
“Improvements” means any improvement and all street work, utilities, trafficways and drainage facilities that are to be installed, or which the subdivider agrees to install on the land for public or private streets, highways, ways and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood.
“Lot” means a portion of land in a subdivision, or other parcel of land, intended as a unit for the purposes of transfer of ownership or development.
“Lot line adjustment” means a relocation of existing lot lines.
“Lot split” means a lot that is divided into two lots.
“Major plat approval” means a plan or map prepared in accordance with the provisions of this division and those of any other City ordinance which requires the approval of the Planning Commission and the City Council.
Major Traffic Thoroughfares.
(1) “Primary” means a street or road of great continuity with either a single roadway or a dual roadway which serves or is intended to serve major traffic flow, and is designated in the master plan or is otherwise designated as a limited access highway or freeway, highway, boulevard, parkway or other equivalent term, to identify those streets comprising the basic street system of the City.
(2) “Secondary” means a street or road of considerable continuity which serves or is intended to serve principal traffic flow between separated areas or districts and which is the main means of access to the residential street or roadway system.
“Marginal access streets” or “frontage roads” means a minor street which is generally parallel to or adjacent to a major traffic thoroughfare highway or railroad right-of-way and provides access to abutting properties.
“Master plan” means the comprehensive plan made and adopted by the Planning Commission for the physical development of the metropolitan area and its environs indicating the general location, character and extent of streets, alleys, sewers, ways, viaducts, bridges, subways, parkways, parks, playgrounds, waterways, waterfronts, boulevards, squares, aviation fields and other public ways, grounds and open spaces, the general location of public buildings and other public property, and the general location and extent of public utilities and terminals; also the removal, location, widening, narrowing, vacating, abandonment, change of use, or extension of any public ways, grounds, open spaces, buildings, property, utilities or terminals, as well as a zoning plan for the control of the height, area, bulk, location, use and intensity of use of buildings and premises.
“Minor plat approval” means a plan or map of an area prepared in accordance with the provisions of this division and those of any other ordinance which requires only the joint approval of the Planning Director and Public Works Director.
“Minor street” means a street of limited continuity, which serves or is intended to serve the local needs of a neighborhood.
“Pedestrian way” means a right-of-way dedicated to public use, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
“Planning Commission” means the City of Topeka Planning Commission.
“Preliminary plat” means a map made for the purpose of showing the design of a proposed subdivision and existing conditions in and around it; the map need not be based on an accurate or detailed final survey of the property.
“Public water company” means any person who has a written permit from the State to supply water for domestic purposes to the public.
“Setback line” or “building line” means a line on a plat generally parallel to the street right-of-way, indicating the limit beyond which buildings or structures may not be erected or altered.
“Street” means a right-of-way dedicated to the public use, or a private right-of-way serving more than one owner, which provides principal vehicular and pedestrian access to adjacent properties.
“Subdivider” means any person who causes land to be divided into a subdivision, for themselves or for others.
“Subdivision” means the division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building development.
“Urban growth area” means the area identified in the land use and growth management plan which is an element of the comprehensive plan. (Ord. 19942 § 1, 3-10-15.)
Cross References:Definitions generally, TMC 1.10.020.
18.30.020 Scope.
(a) The regulations contained in this division shall apply to the following:
(1) Plats or replats of land in subdivisions lying within the City or within three miles of the City boundary.
(2) Subdivision of a lot, tract or parcel of land into two or more lots, tracts or other divisions of land for the purpose of sale or of building development, whether immediate or future, including the resubdivision or replatting of land or lots.
(3) Subdivisions which require dedication of new streets.
(4) An ordinance requires that property be platted.
(b) Notwithstanding subsection (a) of this section, platting is not required in any of the following circumstances:
(1) Division of land for agricultural purposes into parcels or tracts of land of three acres or more, and not requiring the dedication of new streets.
(2) Division of land outside the urban growth area into parcels or tracts of land containing three acres or more with a minimum frontage dimension of 300 contiguous feet and with a lot width/depth ratio no greater than one to two, on an existing public road or way where the use is nonagricultural.
(3) Division of land within the urban growth area into parcels or tracts of land containing 20 acres or more with a minimum frontage dimension of 300 contiguous feet and with a lot width/depth ratio no greater than one to two, on an existing public road or way where the use is to be for nonagricultural purposes.
(4) Existing legal lots of record created in accordance with the subdivision regulations in effect at the time of creation.
(c) Lots shall comply with the minimum lot sizes in the zoning code unless the comprehensive plan provides otherwise. (Ord. 19942 § 2, 3-10-15.)
18.30.030 Application to building permits.
No building permit shall be issued for any structure proposed to be located upon a lot in a subdivision that has not been subdivided and approved in the manner provided for in this division. (Code 1981 § 41-3. Code 1995 § 134-3.)
State Law References:Enforcement of building permit requirements outside corporate limits, K.S.A. 12-751.
18.30.040 Design variances.
Whenever it is found that the land included in a proposed subdivision presented for approval is of such size or shape or is subject to, or is affected by, such topographical location or conditions, or is to be devoted to such usage, that full conformity to the provisions of this division is impossible or is impractical, the Planning Commission may authorize certain design variances which in its determination and findings will not adversely affect the subject property, other properties nearby or the public interest. In consideration of such variance, the Planning Commission shall make a finding that:
(a) There are special circumstances or conditions affecting the property.
(b) The variances are necessary for the reasonable and compatible development of the subject property.
(c) The granting of the variances will not be detrimental to the public interest or other properties in the vicinity and will effect substantial justice and promote the general welfare.
The findings and conclusions of the Planning Commission shall be entered into the record, and the variances shall be noted on the plat of subdivision. (Code 1981 § 41-4. Code 1995 § 134-4.)
Cross References:Planning Commission, Chapter 2.225 TMC.
Article I. Administrative Minor Plat Approval Process
Editor’s Note:Ord. No. 18558, § 2, adopted Jan. 24, 2006, amended the title of this article to read as herein set out. Formerly, this article was entitled “Generally.”
18.40.010 Classification of subdivisions.
Subdivisions are classified as follows:
(a) Class A. All subdivisions located within the corporate limits of the City.
(b) Class B.
(1) All subdivisions adjoining or touching the corporate limits of the City;
(2) All subdivisions adjoining or touching the boundaries of a tract or area for which annexation proceedings have been commenced by the City;
(3) All subdivisions touching or adjoining an approved subdivision which touches or adjoins the corporate boundaries of the City; and
(4) All subdivisions outside of the City limits, but within three miles thereof, that do not adjoin or touch the boundaries of the City and do not adjoin or touch a subdivision that adjoins or touches the boundaries of the City but lie adjacent to a major traffic thoroughfare.
(c) Class C. All subdivisions lying within three miles of the corporate limits of the City that do not adjoin or touch the boundaries of the City, and do not adjoin or touch the boundary of a subdivision that does adjoin or touch the boundaries of the City, and do not lie adjacent to a major traffic thoroughfare. (Code 1981 § 41-89. Code 1995 § 134-131.)
18.40.020 Size and shape determined by availability of water and sewer facilities.
(a) Generally. In all classes of subdivisions, the size and shape of the lots will be determined by the availability and adequacy of public sewer and public water facilities as follows:
(1) The determination of whether or not City water is available in adequate quantities to serve the subdivision shall be made in the following manner:
(i) A copy of the preliminary plat shall be sent to the Department of Public Works for recommendation.
(ii) Upon receipt of the recommendation by the Department, the subdivision committee shall report the facts to the Planning Commission.
(iii) The Planning Commission shall make its recommendation on the plat and on the availability and adequacy of City water to the Council after the public hearing on the final plat.
(2) The determination of whether or not a public water company can furnish water in adequate supply to the subdivision shall be determined in the following manner:
(i) If the subdivider desires to use the facilities of a public water company, the subdivider shall submit an affidavit subscribed and sworn to by an official of the public water company, stating that the company is ready, willing and able to supply water in sufficient quantities to serve the subdivision.
(ii) Upon receipt of the affidavit and preliminary plat, the subdivision committee shall receive it and report the facts to the Planning Commission.
(iii) The Planning Commission shall make its recommendation, on the plat, on the availability and adequacy of water to the Council after a public hearing on the final plat.
(b) Class A Subdivisions. For class A subdivisions:
(1) If the proposed subdivision is serviced with City water and public sewer or a community type sewage treatment plant, approval of the plat shall be subject to the minimum requirements set forth in this subsection (b).
(2) If the proposed subdivision is serviced with City water but not with a public sewer system or a community type sewage treatment plant, a preliminary plat will be submitted on the basis of one-half acre lots and shall be subject to the approval of the Health Department, which shall make soil percolation tests for each lot and make recommendations to the Planning Commission regarding lot sizes. The lots will be so proportioned as to permit future replatting consistent with good subdivision design.
(3) If the proposed subdivision is serviced by a public sewer system and not with City water and the developer will use a private water supply, the preliminary plat will be submitted on the basis of one-half acre lots, subject to the approval of the Health Department, which may make recommendations as to lot sizes. The lots shall be so proportioned as to permit future platting consistent with good subdivision design. The suggested desirable proportion is 160 feet frontage by 270 feet depth.
(4) If the proposed subdivision is not serviced with either City water or a public sewer system and the developer will be using a private water supply with septic tank sewage disposal, the subdivider shall submit the preliminary plat on the basis of one-acre lots, subject to the approval of the Health Department, which shall make soil percolation tests and submit its recommendation regarding lot sizes to the Planning Commission. The lots will be so proportioned as to permit future replatting consistent with good subdivision design. Such plat shall carry a restriction prohibiting the installation of septic tank lateral fields within 25 feet of any property boundary line or private water supply, and the minimum lot dimensions in any direction shall be 150 feet.
(c) Class B Subdivisions. For class B subdivisions:
(1) If the proposed subdivision is serviced with a public water supply and a public sewage system or a community type sewage disposal treatment plant, the plat shall be subject to the minimum requirements set forth in this subsection (c).
(2) If the proposed subdivision is serviced with a public water supply but not with a public sewage system or a community type sewage disposal treatment plant, the plat shall be submitted on the basis of building site areas that are determined by soil percolation tests as performed by the Health Department. The Health Department shall make a recommendation to the Planning Commission on the building site areas based on the results of the soil percolation tests.
(3) If the proposed subdivision is serviced by a public sewage system or a community type sewage treatment plant and not with a public water supply, the plat shall be subject to the minimum requirements set forth in this subsection (c). However, the building site areas shall contain a minimum dimension of 100 feet at the front building line.
(4) If the proposed subdivision is not serviced with a public water supply, a public sewage system or a community type sewage treatment plant, the plat shall be submitted on the basis of building site areas that are determined by soil percolation tests as performed by the Health Department. The Health Department shall make a recommendation to the Planning Commission on the building site areas based on the results of the soil percolation tests; provided, however, the minimum building site areas shall contain at least one acre in area and have minimum dimensions of 125 feet at the front building line.
(5) In those class B subdivisions which touch or adjoin the corporate limits of the City or touch or adjoin an area on which annexation proceedings have been commenced, then the owner shall submit a written consent to annexation of the subdivision to the City along with the preliminary plat.
(d) Class C Subdivisions. The requirements and regulations pertaining to class C subdivisions are the same requirements as those applied to class B subdivisions, with the exception that in class C subdivisions the subdivider shall not be required to submit a written consent to annexation of the proposed subdivision. (Code 1981 § 41-90. Code 1995 § 134-132.)
18.40.030 Building site area determined by percolation tests.
(a) In subdivisions requiring soil percolation tests, the Health Department shall exercise adequate control for the protection of public health, and in its recommendation to the Planning Commission minimum requirements will be recommended that are necessary for this protection.
(b) The following shall be the basis for the determination of building site areas in subdivisions requiring soil percolation tests:
Building site area | Soil percolation rate | |
|---|---|---|
(1) | One-half acre | One inch per hour |
(2) | One acre | One-half inch per hour |
(3) | One and one-half acres | One-quarter inch per hour |
(4) | Three acres | Less than one-quarter inch per hour |
(c) Each building site in the subdivision shall be subject to the following restrictions:
(1) The minimum distance from any septic tank and lateral field to:
(i) | Water supply | 50 feet |
(ii) | Watercourse | 25 feet |
(iii) | Dwelling or property line | 10 feet |
(2) The minimum distance from water wells and underground storage reservoirs to:
(i) | Watertight cast iron or drain line | 20 feet |
(ii) | Dwelling or property line | 25 feet |
(iii) | Vitrified-clay or concrete sewer line, septic tanks or lateral field | 50 feet |
(d) The Health Department shall approve all site and test locations for the subdivision, and the design of septic tanks and lateral field systems. Prior to the completion of installation of any septic tank and lateral field system, the Health Department shall inspect and approve such installation prior to the issuance of an occupancy permit. (Code 1981 § 41-91. Code 1995 § 134-133.)
Cross References:Planning Commission, Chapter 2.225 TMC.
18.40.040 Block dimensions.
(a) Length. In general, intersecting streets that determine block lengths shall be provided at such intervals as to serve cross traffic adequately and to meet existing streets or customary subdivision practices in the neighborhood. In residential districts, where no existing plats are recorded, the blocks shall not exceed 1,200 feet in length, except that in outlying subdivisions a greater length may be permitted where topography or other conditions justify a departure from this maximum. In blocks longer than 800 feet, pedestrian ways or easements through the block may be required near the center of the block, and such pedestrian ways or easements shall have a minimum width of 10 feet.
(b) Width. In residential development the block width shall normally be sufficient to allow two tiers of lots of appropriate depth. Blocks intended for business or industrial use shall be of such width as may be considered most suitable for the prospective use, including adequate space for off-street parking and deliveries. (Code 1981 § 41-92. Code 1995 § 134-134.)
18.40.050 Streets, alleys and public ways – Design.
(a) Major Traffic Thoroughfares. Major traffic thoroughfares in subdivisions shall conform as nearly as possible to the master plan as adopted by the Planning Commission.
(b) Minor Streets. In residential areas of subdivisions all streets shall be of a design which will discourage through or nonlocal traffic.
(c) Culs-de-sac. Culs-de-sac in subdivisions shall normally be no longer than 500 feet, including a turnaround which shall be provided at the closed end.
(d) Right Angle Intersections. Under normal conditions, streets in subdivisions shall be laid out to intersect, as nearly as possible, at right angles. Where topography or other conditions justify a variation from the right angle intersection, the minimum angle shall be 60 degrees.
(e) Streets Adjacent to a Railroad Right-of-Way, Limited Access Freeway or Other Major Thoroughfares. A marginal access street or frontage road in a subdivision shall be provided parallel and adjacent to the boundary of rights-of-way of railroads, limited access freeways and major traffic thoroughfares; however, a street may be provided at a distance suitable for the appropriate use of land between such street and such rights-of-way. Such distance shall be determined with due consideration of the minimum distance required for approach connections to future grade separation or for lot depths.
(f) Half-Streets. Dedication of half-streets will not be approved except where such streets are essential to the reasonable development of the subdivision and in conformity with other requirements of this division.
(g) Alleys. Alleys shall be provided in commercial and industrial districts, except that this requirement may be waived where other definite and assured provisions are made for service access, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed. Dead-end alleys shall be avoided wherever possible, but if unavoidable, such dead-end alleys may be approved if adequate turnaround facilities are provided at the closed end. (Code 1981 § 41-93. Code 1995 § 134-135.)
Cross References:Planning Commission, Chapter 2.225 TMC.
18.40.060 Minimum street dimensions.
(a) All streets, alleys and public ways included in any subdivision to be dedicated and accepted shall not be less than the minimum dimensions for each classification as follows:
Feet | |||
|---|---|---|---|
(1) | Major traffic thoroughfares: | ||
(i) | Primary dual roadway | 120 | |
(ii) | Primary single roadway | 100 | |
(iii) | Secondary | 80 | |
(2) | Collectors: | ||
(i) | Primary | 70 | |
(ii) | Secondary | 70 | |
(3) | Minor streets | 60 | |
(4) | Culs-de-sac: 50-foot radius on turnaround. | ||
(5) | Marginal access streets or frontage streets: | ||
(i) | Two-way | 60 | |
(ii) | One-way | 50 | |
(6) | Alleys | 20 | |
(7) | Pedestrian ways | 10 | |
(b) When existing or anticipated traffic on primary and secondary thoroughfares in subdivisions warrants greater widths of rights-of-way, such widths shall be required.
(c) Intersections involving two major traffic thoroughfares in subdivisions shall be designed in accordance with the design standard for major intersections. (Code 1981 § 41-94. Code 1995 § 134-136.)
18.40.070 Drainage easements.
Drainage easements may be required for subdivisions in addition to provided street rights-of-way where the street parallels streams or drainage areas. Upon the request of the Planning Commission, the City Engineer shall make a study and make a recommendation as to the desired width of such easement to the Planning Commission. (Code 1981 § 41-95. Code 1995 § 134-137.)
18.40.080 Street grades.
The grades of streets, alleys and other public ways included in any subdivision shall not be greater than the maximum grades for each classification as follows, except where topographical conditions unquestionably justify a departure from the maximum:
Percentage | |||
|---|---|---|---|
(a) | Major traffic thoroughfares: | ||
(1) | Primary | 6 | |
(2) | Secondary | 6 | |
(b) | Collectors: | ||
(1) | Primary | 8 | |
(2) | Secondary | 8 | |
(c) | Minor streets | 10 | |
(d) | Culs-de-sac | 10 | |
(e) | Alleys | 10 | |
(f) | Pedestrian ways | 12 | |
(Code 1981 § 41-96. Code 1995 § 134-138.)
18.40.090 Pavement widths.
Minimum widths of pavements on all streets, except in unusual cases, shall be as provided in this section. Minimum pavement widths for all streets, measured from back of curb to back of curb, and for all alleys and walks included in any subdivision, shall not be less than the minimum dimensions for each classification as follows:
(a) Major traffic thoroughfares:
(1) Primary: 65 feet (vertical face curb only).
(2) Secondary: 49 feet (vertical face curb only).
(b) Collectors:
(1) Primary: 41 feet (vertical face curb only).
(2) Secondary: 37 feet (vertical face curb); 38 feet (rollback curb).
(c) Minor streets: 29 feet (vertical face curb); 30 feet (rollback curb).
(d) Culs-de-sac:
(1) Fifteen building sites or less: 27 feet (vertical face curb); 28 feet (rollback curb).
(2) Over 15 building sites: 29 feet (vertical face curb); 30 feet (rollback curb).
(3) The minimum pavement diameter shall be 90 feet back to back curb.
(e) Alleys: 20 feet.
(f) Sidewalks: four feet. (Code 1981 § 41-97. Code 1995 § 134-139.)
18.40.100 Pavement alignment.
Horizontal and vertical alignment of pavement on all streets, except in unusual cases, shall be as follows:
(a) Horizontal Alignment. Minimum radii at the centerline of right-of-way:
(1) Major traffic thoroughfares:
(i) Primary: 500 feet.
(ii) Secondary: 300 feet.
(2) Collectors: 200 feet.
(3) Minor streets: 100 feet.
A tangent shall be provided between all reverse curves of sufficient length as related to the radius so as to provide for a smooth flow of vehicular traffic.
(b) Vertical Alignment. All changes in the pavement grade shall be connected by a vertical curve of such length as to provide for a sufficient sight distance and shall be subject to the approval of the City or County Engineer, whichever shall apply. (Code 1981 § 41-98. Code 1995 § 134-140.)
Cross References:City Engineer, TMC 2.20.100.
18.40.110 Lot dimensions.
(a) The minimum width of lots at the building line in subdivisions shall be 50 feet.
(b) The minimum depth of lots in subdivisions shall be 110 feet.
(c) The minimum area of lots shall be subject to the district zoning regulations in which the subdivision is located.
(d) All side lot lines shall be at right angles to straight street lines, or radial to curved street lines in subdivisions.
(e) All corner lots in subdivisions shall have a minimum building setback of 30 feet to both streets, unless certain conditions such as topography, street alignment or adjacent setbacks warrant a deviation in this requirement.
(f) Double frontage lots in a subdivision shall be avoided unless, in the opinion of the Planning Commission, variation to this rule will give better street alignment and lot arrangement.
(g) Every lot in a subdivision shall have a frontage upon a street.
(h) Building or setback lines shall be shown on the preliminary and final plat only when determined to be necessary by the Planning Director due to unusual lot design, configuration, or special circumstances where setback lines need to be delineated to specify the appropriate setback.
(i) In subdivisions where a septic tank or other individual sewage disposal devices are to be installed, the size of all lots included in the subdivision shall be subject to regulations in TMC 18.40.030.
(j) In subdivisions served by private water supply, well or other means, the size of all lots included in the subdivision shall be subject to regulations in TMC 18.30.020 and 18.40.020(c). (Ord. 18266 § 3, 6-15-04. Code 1981 § 41-99. Code 1995 § 134-141.)
18.40.120 Easements required.
(a) Where alleys are not provided in subdivisions, permanent easements of not less than six feet in width shall be provided on each side of all rear lot lines, and on side lot lines where necessary for drainage, utility poles, wires, conduits, gas, water and heat mains and other public utilities. Such easements shall provide for a continuous right-of-way at least 12 feet in width. Where sanitary or storm sewers are installed in the permanent easements, they shall be not less than eight feet in width and shall be provided on each side of all lot lines. Such easements shall provide for a continuous right-of-way at least 16 feet in width. Where the rear lot line or the side lot line is also the boundary line of the subdivision, the entire 16 feet in width shall be provided within the proposed development if an easement is not provided on the adjacent property.
(b) Twelve-foot temporary construction easements shall be provided on each side of the permanent easement for the initial construction of water and sewer lines and other utilities in the subdivision. These temporary easements shall be automatically vacated upon installation of all appropriate utilities.
(c) Any private utility company desiring to install utility lines in a permanent easement shall submit plans to the City Engineer’s office showing the location of the proposed utility. Utility poles, meters and other aboveground obstructions shall be installed no more than four feet from the edge of the easement to allow access and egress of maintenance vehicles and equipment.
(d) Property owners shall be admonished from placing any permanent or semipermanent obstruction in permanent sewer or utility easements. This includes, but is not limited to, trees, shrubs, fences, retaining walls, buildings or other miscellaneous obstructions that interfere with access and egress of maintenance vehicles and equipment for the operation and maintenance of the utilities or pipe lines located in the easement. Any permanent or semipermanent obstruction located in the permanent sewer easement may be removed by personnel representing the City, to provide for the proper operation and maintenance of that utility line, without cost or obligation for replacement. Cost of removal or replacement shall be the responsibility of the property owner. (Ord. 18266 § 4, 6-15-04. Code 1981 § 41-100. Code 1995 § 134-142.)
Cross References:City Engineer, TMC 2.20.100.
18.40.130 Dedication, reservation and acquisition of public sites and open spaces.
(a) Definitions. For the purposes of this division, certain terms and words are hereby defined.
(1) “Parkland” means any dedicated public open space specifically designed for active recreational uses, including linkages to the regional trail system, intended to serve one or more neighborhood(s) or the entire community (i.e., a regional park or trail).
(2) “Parkland acquisition cost” means the average sale price for one acre of vacant land within the City of Topeka and the City’s three-mile extraterritorial jurisdiction. For purposes of this division, said fee shall be set at $15,000 per acre.
(3) “Parkland improvement cost” means the average cost to improve a neighborhood level park with typical amenities for recreational uses. For purposes of this division, said fee shall be set at $25,000 per acre.
(4) “Parkland development fee” means the combination of parkland acquisition cost and the parkland improvement cost per dwelling unit to support five acres of parkland per 1,000 people. For the purposes of this division, the parkland development fee shall consist of 60 percent of the actual cost per dwelling unit.
(5) “Dwelling unit” means any single-family, two-family, or multifamily dwelling intended for habitation, including group living facilities.
(6) “Planning areas” means geographic areas for community-level parks as identified as parkland fee districts in the park and open space element of the comprehensive plan. New development outside a designated planning area shall be included in the adjacent or nearest planning area which would best serve that development.
(7) “New development” means construction of one or more dwelling units on a lot upon which no dwelling unit previously existed.
(8) “Redevelopment” means construction of one or more dwelling units on a lot upon which a dwelling unit previously existed and which has the effect of creating a greater number of dwelling units than previously existed.
(9) “Reconstruction” means rebuilding or replacement of a dwelling unit or units on a lot that previously maintained the same number, type and use of dwelling units, which has the effect of creating the same or fewer number of dwelling units than previously existed.
(10) “County Commission” means the Board of County Commissioners for Shawnee County, Kansas.
(11) “Parks and Recreation Director” means the Shawnee County Parks and Recreation Director.
(12) “Planning Commission” means the City of Topeka Planning Commission.
(13) “Planning Director” means the Director of the Planning Department for the City.
(b) Purpose. The purpose of this section is to serve the communities’ population growth with neighborhood and regional parkland based on the comprehensive plan and national recreation and parks association standard of five acres per 1,000 persons for a neighborhood park and 15 acres per 1,000 persons for a regional park.
(c) Parkland Development Fee.
(1) In all instances where property owners or developers seek approval of new development or redevelopment or a final plat or replat of land that creates additional residential lots or units, a parkland development fee shall be required. For subdivisions within the City’s corporate limits, all fees shall be collected by the Development Services Division of the City Public Works Department concurrent with the application for a building permit. For subdivisions within the City’s extraterritorial jurisdiction, the fee shall be paid to the County Planning Department or other responsible County agency concurrent with application for a building permit. No building permits may be issued without collection of parkland development fees in accordance with this section.
(2) The parkland development fee shall be assessed based upon the planning area’s health classification contained in the City’s comprehensive plan in which the dwelling unit(s) will be located according to the following schedule:
Planning Area Rating | Fee Schedule (per unit) Single- and Two-Family Dwelling Unit Development | ||
|---|---|---|---|
New Development or Redevelopment | New Development or Redevelopment w/Public Dedication | New Development or Redevelopment w/Private Dedication | |
One tree (intensive care) | $300.00 | $188.00 | $225.00 |
Two trees (at risk) | $225.00 | $141.00 | $169.00 |
Three trees (outpatient) | $150.00 | $94.00 | $113.00 |
Four trees (healthy) | $75.00 | $47.00 | $56.00 |
Planning Area Rating | Fee Schedule (per unit) Three- to Eight-Family Dwelling Unit Development | ||
|---|---|---|---|
New Development or Redevelopment | New Development or Redevelopment w/Public Dedication | New Development or Redevelopment w/Private Dedication | |
One tree (intensive care) | $267.00 | $167.00 | $200.00 |
Two trees (at risk) | $200.00 | $125.00 | $150.00 |
Three trees (outpatient) | $134.00 | $83.00 | $100.00 |
Four trees (healthy) | $67.00 | $42.00 | $50.00 |
Planning Area Rating | Fee Schedule (per unit) Nine-Family Dwelling Unit Development and Above | ||
|---|---|---|---|
New Development or Redevelopment | New Development or Redevelopment w/Public Dedication | New Development or Redevelopment w/Private Dedication | |
One tree (intensive care) | $234.00 | $146.00 | $175.00 |
Two trees (at risk) | $175.00 | $110.00 | $131.00 |
Three trees (outpatient) | $117.00 | $73.00 | $88.00 |
Four trees (healthy) | $58.00 | $37.00 | $44.00 |
(3) All fees shall be deposited in the City’s parkland acquisition and development fund by planning area. Fees collected shall be used for the acquisition and improvement of new or undeveloped parkland within the same planning area as where the fee is collected, including the improvement of undeveloped land within existing parkland.
(4)
(i) Except as described in subsection (c)(4)(ii) of this section, upon application of the property owner, the County shall refund that portion of any parkland development fee which has been on deposit over seven years and which is unexpended and uncommitted. The refund shall be made to the then-current owner or owners of lots or units of the development project or projects.
(ii) If fees in any parkland development fee account are unexpended or uncommitted for more than six calendar years after deposit, the County Commission shall make findings by resolution on or before December 31st of the sixth calendar year after receipt of the fee and annually thereafter until the funds are expended or committed. For so long as the County retains the fees, the resolution shall identify the purpose to which such fees shall be put and to show a roughly proportional and reasonable relationship between the fee and the purpose for which it was collected. If the County Commission makes such findings, the fees are exempt from the refund requirement.
(d) Credit for Parkland Dedications. Developers may dedicate a portion of their land for public parkland. In such instances where parkland is accepted for dedication, a credit equal to $15,000 per acre, or fraction thereof, of dedicated parkland shall be applied against the balance of parkland acquisition costs required under this section for the subdivision. Provided, however, such dedication shall not reduce the payment for parkland improvement costs as reflected in the minimum fee schedule listed in subsection (c)(2) of this section.
(e) Credit for Parkland Improvements in a Benefit District. In addition to dedicating a portion of their land, developers may also petition the City to include the cost of public parkland improvements within a benefit district for the service area. Where such dedication occurs and public parkland is approved for inclusion in a benefit district, a credit equal to 100 percent of the required parkland improvement cost defined under this section shall be applied to the subdivision within the benefit district.
(f) Dedication Criteria. The Parks and Recreation Director, after consultation with the Planning Director, shall determine the suitability of the land for parkland, and determine any improvements required to bring the land into usable condition. Factors to be considered in evaluating potential parkland sites shall include, but shall not be limited to, the following:
(1) All land proposed for dedication as a park or other recreational site shall contain a minimum of five acres.
(2) Not more than 10 percent of the park or open space shall contain stormwater detention/retention facilities, floodplain, or wetland, unless such area is part of a linear trail system, or is accepted by the Parks and Recreation Director.
(3) The park or open space shall not have an average slope greater than 10 percent.
(4) Undisturbed natural open space may be accepted for a portion of the dedication requirements at the ratio of four acres of undisturbed natural open space for each one acre of active parkland dedication.
(5) The Parks and Recreation Director shall have the authority to waive or modify any or all of the above-listed criteria.
(6) The park or open space shall be consistent with design policies/standards of the City’s comprehensive plan.
(g) Trail Dedication. Where the Topeka-Shawnee County trails and greenways plan identifies a trail planned for an area within a proposed subdivision, the property owner or developer shall be required to dedicate that portion of land for a public trail easement or trail right-of-way. Any such dedication shall receive a credit as specified in subsection (d) of this section.
(h) Other Considerations Prior to Deeding. The Parks and Recreation Director may require that any dedicated parkland be improved prior to dedication. Factors that may be considered shall include, but shall not be limited to, the following:
(1) To the greatest extent possible, the developer may be required to preserve existing trees or other species of vegetation, or other natural features on the land to be dedicated for a park, trail, or recreational space. Significant trees lost during the construction process may be required to be replaced with suitable species and of suitable size as determined by the Parks and Recreation Director.
(2) Grass or other quick establishing vegetative ground cover may be required to prevent soil erosion, according to the specifications determined by the Parks and Recreation Director.
(3) The developer may be required to bring utilities to the boundary of the proposed park or open space and shall cap them off at no cost to the City. Utilities may include, but shall not be limited to, gas, storm sewer, sanitary sewer, and electricity. The location where such utilities are to be brought shall be determined by the City Engineer and the Parks and Recreation Director.
(i) Dedication Process.
(1) Land to be accepted as a park or trail under this section shall be designated as public park area or trail on the final plat.
(2) Prior to the dedication of parkland, the owner or developer shall provide the County with evidence of title in a form acceptable to the Shawnee County Counselor or a title insurance policy insuring the County’s interest in the property. In any dedication of required land, the developer must have good and marketable title to the land, free and clear of any mortgages, liens, encumbrances, or assessments, except easements or minor imperfections of the title acceptable to the County.
(3) The parkland or trail shall be dedicated at the time of approval of the final plat. However, the County shall not accept the parkland or trail until the completion of required improvements and the approval of the Parks and Recreation Director.
(j) Credit for Private Open Space. Property owners or developers may choose to reserve a portion of a subdivision for use as private open space for the benefit of subdivision residents. In such instances, a credit of 25 percent shall be applied against the parkland development fee as required by this division. All land proposed for reservation as private open space must be deemed usable and accessible by all residents within the proposed subdivision, as determined by the Planning Director, and approved by the Planning Commission. (Ord. 19715 § 2, 3-20-12.)
18.40.140 Adopted plans.
Subdivisions shall meet the design standards and development policies contained in the adopted elements of the comprehensive plan for the City of Topeka, including, but not limited to, the land use and growth management plan, the transportation plan, and the neighborhood plan elements adopted for the various areas of the City of Topeka. (Ord. 18266 § 7, 6-15-04. Code 1995 § 134-201.)
18.40.150 Stream buffers.
(a) Purpose. The creation and maintenance of stream buffers benefits the environment by protecting water quality and riparian ecosystems. This section shall, to the greatest extent possible, incorporate the City’s stream buffer requirements contained in TMC 17.10.010, et seq.
(b) Definitions. The terms, words and phrases used in this section shall have the meanings ascribed to them in TMC 17.10.020.
(c) Plat Requirements.
(1) All plats prepared for recording shall clearly:
(i) Show the extent of any buffer on the subject property by metes and bounds.
(ii) Label the buffer.
(iii) Provide a restriction stating, “There shall be no clearing, grading, construction or disturbance of vegetation except as permitted under TMC 17.10.060 or as approved by the Public Works Director or his or her designee.”
(2) The Public Works Director and Planning Director may mutually adopt administrative guidelines that more specifically illustrate text and graphics to be contained on the plat as referenced in this subsection.
(3) A dedication of a stream buffer area to the City shall not be interpreted to mean that this conveys to the general public the right of access to this area.
(4) Stream buffers situated adjacent to public streets add value to neighborhoods. In order to provide an incentive to locate buffers adjacent to public streets, the City will allow the dedicated right-of-way width as contained in the City’s design criteria adjacent to the improved street to be included within the outer zone of the stream buffer. Also, the City may through its platting process accept the dedication of buffer areas located adjacent to streets and maintain the same as public property. (Ord. 19430 § 5, 6-15-10.)
18.45.010 Required.
(a) The subdivider or developer of any subdivision approved in accordance with this division shall be obligated to install all public improvements, as set forth in this division, in conjunction with building development in the subdivision. Such improvements shall be provided by one of the following methods:
(1) Construction and development as a developer project, paid for entirely by the subdivider or developer.
(2) Construction and development under contract with the Council in accordance with a benefit or special assessment district as provided by law.
(3) Posting a satisfactory bond or cash deposit securing to and insuring that such improvements will be completed within a specified time period.
(b) All building permits issued in the subdivision shall be conditioned upon such satisfactory assurances of completion of such public improvements. Fractional or partial public improvements shall be permitted upon the approval of the Planning Director and Public Works Director. (Ord. 18266 § 5, 6-15-04. Code 1981 § 41-118. Code 1995 § 134-166.)
18.45.020 Procedure for developer project.
The following procedure shall be followed when the public improvements are proposed to be completed as a developer project:
(a) All proposed street, sanitary sewer, storm sewer and sidewalk improvements to be installed by a subdivider or developer must first be approved by the City Engineer. A plan review fee of $42.00 per hour shall be charged. Payment by the developer or subdivider of all plan review fees incurred shall be a condition precedent to the acceptance of the improvements.
(b) The City Engineer shall inspect all work done by the subdivider or developer and shall approve or reject as appropriate. A final inspection shall be requested in writing by the developer or subdivider when work is completed. The City Engineer’s approval and payment by the developer or subdivider of all inspection fees incurred shall be a condition precedent to the acceptance of the improvements.
(c) Upon approval of such work and payment of all fees, the City Engineer shall accept the improvement for maintenance by the City.
(d) The subdivider or developer shall furnish a surety bond conditioned that they shall maintain and make all necessary repairs to the improvements constructed by them, at their own expense, for a period of one year after the date of acceptance of the improvements, where repairs are necessary by reason of defective workmanship, imperfection in material used, or improper, imperfect or defective preparation of the ground upon which the improvement shall be laid. The surety shall be for the benefit of the public and in an amount equal to 10 percent of the total improvement cost, but in no case shall the amount be less than $5,000.
(e) Unless and until such acceptance is made as provided for in this chapter, the City accepts no responsibility for any improvements. (Ord. 16452 § 1(41-119), 4-28-92. Code 1995 § 134-167.)
Cross References:City Engineer, TMC 2.20.100.
18.45.030 Subdivisions not adjoining City.
(a) In those class B subdivisions that do not adjoin or touch the corporate limits of the City or touch an area for which annexation proceedings have been commenced by the City and in all class C subdivisions, all improvements as required by County Resolution No. 77-255, and subsequent amendments thereto, shall be constructed to provide continuity as determined by the County Engineer to the furthest extremities of the lots for which building permits are being requested.
(b) If the lots for which building permits are being requested are located in such a manner that access to the nearest existing public improvement is restricted by a separation of ownership and subdivision but having a continuity of dedicated right-of-way, then such connecting public improvements shall not be subject to the provisions of County Resolution No. 77-255. However, the owner of the lots requesting a building permit shall be required to make such improvements as requested by the County Engineer; provided, however, all lots abutting on an existing County road, as determined by the County Engineer, shall be exempt from County Resolution No. 77-255.
(c) Improvement plans shall be submitted to the County Engineer for approval prior to the construction of any subdivision improvement. Inspection and approval of the improvements by the County Engineer shall be required prior to the issuance of any building permits. (Code 1981 § 41-120. Code 1995 § 134-168.)
18.45.040 Streets.
(a) Streets shall be graded and improved by construction of curb, gutter and pavement in units of one block or more for streets entirely within the subdivision but may include fractional blocks ending at the subdivision boundaries.
(b) Streets whose centerline is the boundary line of the subdivision and streets whose centerline is the City boundary may be improved to the centerline or City boundary and shall be paid for and provided by the owner of the subdivision in accordance with provisions as set forth above. Such improvements shall conform to the usual requirements for residential street paving.
(c) Major traffic thoroughfare improvements will be furnished by the City when necessary and in the judgment of the Council such improvements are vital to the welfare of the City under the following conditions:
(1) If the street is unimproved, a portion comparable in cost to a street improvement in a regulation residential street shall be borne by the owner of the subdivision as set forth above.
(2) If the major traffic thoroughfare is already improved with pavement comparable to the usual residential requirements, the distribution of cost shall be determined by the City as provided by statute.
(d) Streets separating a park from residential or other property shall be improved as provided in subsection (a) of this section and shall be paid for by the subdivider or property owner in accordance with TMC 18.45.010. (Ord. 19323 § 2, 10-20-09. Code 1995 § 134-169.)
Cross References:City Council – Mayor, Chapter 2.15 TMC.
18.45.050 Intersections.
(a) The Council may, by resolution, reimburse developers for any intersections, including curb, gutter and storm sewers, which the developer has constructed pursuant to subdivision rules and regulations or other requirements of the City.
(b) The Council, upon passage and approval of the resolution therefor, is authorized to reimburse the developer for the cost of each intersection so constructed, either on the basis of the developer’s actual cost or on the average amount of the successful competitive bids for construction of the same type intersections for the City during the preceding 12 months, whichever is lower. The cost of such reimbursement shall be paid out of the general obligation bonds. (Code 1981 § 41-122. Code 1995 § 134-170.)
Cross References:City Council – Mayor, Chapter 2.15 TMC.
18.45.060 Water lines.
The subdivider shall connect with a public water main and make such connection accessible to each lot within the subdivision. Plans and contracts for such installation shall be submitted to and approved by the City before issuance of building permits and shall be paid for by the owner of the subdivision. (Code 1981 § 41-123. Code 1995 § 134-171.)
18.45.070 Sewers.
(a) Lateral sanitary sewers shall be provided and paid for by the owner of the subdivision or guaranteed as provided in TMC 18.45.010.
(b) Main sanitary sewers shall be furnished by the owner of the subdivision or guaranteed as set forth in this division if it serves only the subdivision for which it is provided. If, in the opinion of the Council, it would be beneficial and in the interest of economy for future development outside of the subdivision to do so, a benefit district for main sanitary sewers may be formed and the cost paid by special assessment as provided by law.
(c) Lateral storm sewers and those which accompany street improvements shall be paid for by the owner of the subdivision or guaranteed as set forth in this division.
(d) Main storm sewers shall be furnished by the owner of the subdivision or guaranteed as set forth in this division if it serves only the subdivision for which it is provided. If in the opinion of the Council it would be beneficial and in the best interest for future development outside of the subdivision to do so, a benefit district for a main storm sewer shall be formed and the cost paid by special assessment as provided by law. (Code 1981 § 41-124. Code 1995 § 134-172.)
Cross References:City Council – Mayor, Chapter 2.15 TMC.
18.45.080 Sidewalks.
In all subdivisions, the subdivider shall construct sidewalks on both sides of all streets which are contained entirely within the boundary of the subdivision. Where the boundary of a subdivision is an existing street or a proposed street, sidewalks shall then be installed on the nearest adjacent side or sides. All sidewalks shall be installed and constructed in accordance with the applicable uniform standards. In subdivisions containing blocks of over 800 feet in length and where pedestrian ways or easements are provided, sidewalks shall be installed within such ways or easements. Sidewalks shall be provided on all street improvement projects which are initiated by the Council or contracted for by any Federal, State or public body. (Code 1981 § 41-125. Code 1995 § 134-173.)
Cross References:City Council – Mayor, Chapter 2.15 TMC.
18.45.090 Permanent monuments.
Permanent monuments shall be placed at each corner of each lot in the subdivision. (Code 1981 § 41-126. Code 1995 § 134-174.)
18.45.100 Streetlights.
(a) Any subdivider, developer or other property owner who plans to restrict a subdivision’s electrical services to underground wiring shall be required to pay any costs of streetlight installation which are above the standard costs for streetlight installations. Standard streetlight installation costs shall be construed to mean the costs of installing a streetlight in the subject subdivision if overhead wiring were available.
(b) Any subdivider, developer or other property owner shall be required to post a satisfactory bond or cash deposit securing to and insuring the City that such subdivider, developer or other property owner will pay the costs of streetlight installations which are above the costs of standard streetlight installations.
(c) If a petition is submitted to the Department of Public Works asking that streetlights be installed in an existing subdivision containing underground electrical wiring, then the Department of Public Works shall proceed with the streetlight installation in that subdivision; provided, however, that any such petition must bear the signatures of at least 75 percent of the homeowners of the subdivision, and such homeowners must obligate themselves to pay for the costs of the streetlight installation which are above the standard costs for streetlight installation. (Code 1981 § 41-127. Code 1995 § 134-175.)
Cross References:Public Works Department, TMC 2.20.100.
18.35.010 Administrative approval process – Minor plats, lot line adjustments and splits.
(a) Minor Plat Approval. The following plats or replats may be approved administratively upon the joint approval of the Planning Director and the Public Works Director without submission to or approval by the Planning Commission or City Council; provided, that all of the following criteria are met:
(1) Right-of-way for new streets is not proposed or required to serve the lots or tracts in the subdivision;
(2) The subdivision includes the total contiguous tract of land owned, or under control of, the applicant;
(3) The applicant has complied with any applicable stormwater management requirements;
(4) No more than five lots or tracts are added;
(5) Except as provided in subsection (a)(1) of this section, dedication of right-of-way or easements for public purposes is allowed but no dedication of any ownership interest in land resulting in acquisition of fee simple title;
(6) New lots or tracts front onto or are accessible from an existing street right-of-way which, except for nonbuildable lots or tracts, conforms to City specifications;
(7) Extensions of water or sewer mains are not required to serve the additional lots or tracts;
(8) Easements for utilities are not vacated, altered, removed or realigned unless the utility consents in writing and the Planning Director determines that vacation will not adversely impact adjoining property owners or the public health and welfare;
(9) The plat is consistent with the comprehensive metropolitan plan; and
(10) Real estate taxes and special assessments on the property proposed to be platted or replatted are not delinquent.
(b) Lot Line Adjustments. Lot line adjustments may be approved administratively upon the joint approval of the Planning Director and the Public Works Director, provided all of the following criteria are met:
(1) The lots are either platted or are exempt from platting;
(2) Each lot meets the minimum lot size standards for the applicable zoning district and all structures meet applicable building height, size, and setback requirements;
(3) No additional lots are created; and
(4) No easements are added, relocated, or removed.
(c) Lot Splits. Lot splits may be approved administratively upon the joint approval of the Planning Director and the Public Works Director, provided all of the following criteria are met:
(1) The lots are either platted or are required to be platted;
(2) Each lot meets the minimum lot size standards for the applicable zoning district and all structures meet applicable building height, size, and setback requirements;
(3) No easements are added, relocated, or removed;
(4) Water and sewer services will not be adversely impacted;
(5) Existing and proposed septic systems and wells meet all setback and area requirements;
(6) No public infrastructure improvements are necessary to serve the lots;
(7) Lot splits comply with the comprehensive plan; and
(8) The lot(s) has not been the subject of a previous split. (Ord. 19942 § 3, 3-10-15.)
18.35.020 Administrative minor plat rules and regulations.
The Planning Director, with the consent of the City Manager, shall adopt such administrative rules and regulations as necessary to govern the procedure, submission requirements and contents of minor plats. Such administrative rules and procedures may be amended from time to time, and a copy of the current administrative plat approval rules and procedures shall be available for inspection at the Planning Department. (Ord. 18558 § 4, 1-24-06. Code 1995 § 134-43.)
Cross References:Planning and Development Department, TMC 2.20.080.
18.35.030 Submission/contents.
After the proposed plat has been determined to meet the requirements for administrative minor plat approval as provided in TMC 18.35.010, the applicant shall submit the required number of copies of the proposed plat, as specified in the Planning Department’s administrative procedures, including the required documents, and the appropriate filing fee. The submission requirements and contents of minor plats shall be determined by the Planning Department’s administrative procedures. The design standards of this division shall apply to minor plats. (Ord. 18558 § 5, 1-24-06. Code 1995 § 134-44.)
Cross References:Planning and Development Department, TMC 2.20.080.
18.35.040 Filing fees.
The fee for minor plat approval, lot splits and lot line adjustments shall be 50 percent of the fee for a major plat. (Ord. 19843 § 3, 8-27-13.)
18.35.050 Action by the Planning and Public Works Directors.
The Planning Director and the Public Works Director shall administratively approve, approve with conditions, or disapprove the minor plat within 30 days after the completed application has been submitted, including the necessary documents and fee. If the Planning Director and the Public Works Director find that the application for the proposed plat does not meet the requirements of this article, the Planning Director shall advise the applicant in writing stating the reasons for such determination. If the plat is not eligible for administrative minor plat approval because it does not meet all the requirements provided in TMC 18.35.010, it may be resubmitted as a major plat, in accordance with this article and upon payment of the balance of the application fee for a major plat. (Ord. 18558 § 7, 1-24-06. Code 1995 § 134-46.)
18.35.060 Recording.
The number of copies of the administratively approved recorded minor plat, as specified in the Planning Department’s administrative procedures, shall be submitted to the Planning Director within 10 days after the plat has been recorded with the Register of Deeds. The Planning Director will distribute the recorded copies to the various government agencies and local utility companies. No building permit shall be issued by the City until the recorded copies of the approved minor plat are on file with the Planning Director. (Ord. 18558 § 8, 1-24-06. Code 1995 § 134-47.)
Cross References:Planning and Development Department, TMC 2.20.080.
18.35.070 Submission of plans and data to Planning Commission.
Prior to the filing of the preliminary plat, the subdivider shall submit to the Planning Commission plans and data showing the subdivider’s ideas and intentions in platting of the property. (Code 1981 § 41-32. Code 1995 § 134-51.)
Cross References:Planning Commission, Chapter 2.225 TMC.
18.35.080 Sewers.
(a) The subdivider shall contact the Department of Public Works regarding availability of sewers and specifications for all other public improvements for the subdivision.
(b) If public sewage systems are not available, the owner or an engineer shall contact the Health Department for standards and specifications for individual or community type sewage disposal treatment plant for the proposed subdivision. If individual septic tank systems will be used, the owner or an engineer shall request the Health Department to make soil percolation tests, the results of which are subject to the approval of the Health Department. The report and recommendation of the Health Department shall be forwarded to the Planning Commission. The above procedure must be completed prior to the filing of the preliminary plat. (Code 1981 § 41-33. Code 1995 § 134-52.)
18.35.090 Water.
If the subdivider plans to use City water facilities, the subdivider shall contact the Water Division to determine whether adequate water is available to serve the subdivision. (Code 1981 § 41-34. Code 1995 § 134-53.)
18.35.100 Location map.
A general location map shall be prepared and submitted to the Planning Department and shall show the proposed subdivision and its geographical relationship to community facilities. Such map shall show:
(a) The name of the property owner of adjacent land that is not subdivided;
(b) Location and name of adjoining subdivisions;
(c) Location and size of water and sewer lines;
(d) Relationship to major traffic thoroughfares; and
(e) Relationship to schools, parks and playgrounds. (Code 1981 § 41-35. Code 1995 § 134-54.)
Cross References:Planning and Development Department, TMC 2.20.080.
18.35.110 Filing of proposed plat.
Ten copies of the proposed plat showing the intended design of streets, lots and other features of the subdivision in relation to existing utilities and general physical characteristics of the surrounding area shall be submitted to the secretary of the Planning Commission. (Code 1981 § 41-36. Code 1995 § 134-55.)
Cross References:Planning Commission, Chapter 2.225 TMC.
18.35.120 Planning Commission to report in 15 days.
Within 15 days from the submission of the preapplication plan, the subdivider will be informed by the Planning Commission whether the plans and data submitted meet with the objectives of this division. If the Planning Commission finds that the plans and data do not meet the requirements of this division, it shall advise the subdivider of the requirements not met. (Code 1981 § 41-37. Code 1995 § 134-56.)
Cross References:Planning Commission, Chapter 2.225 TMC.
18.35.130 Filing of preliminary and final plat together.
Upon completion of the preapplication procedure, and with written approval by the Planning Director, the subdivider may submit both the preliminary and final plat, provided the subdivider signs an indefinite time waiver. (Code 1981 § 41-38. Code 1995 § 134-57.)
Cross References:Planning and Development Department, TMC 2.20.080.
18.35.140 Filing.
Upon completion of the preapplication procedure, the subdivider shall submit a preliminary plat, together with such supplementary information as will be of assistance in reviewing the plat. The subdivider shall submit 10 copies of the preliminary plat and one film positive eight inches by 10 inches, with a one-half-inch border, showing only the physical design area of the proposed subdivision. The preliminary plat shall be filed with the secretary of the Planning Commission at least 30 days prior to the date of the public hearing where the Planning Commission will consider the plat. (Code 1981 § 41-50. Code 1995 § 134-76.)
Cross References:Planning Commission, Chapter 2.225 TMC.
18.35.150 Contents.
The contents of the preliminary plat shall include the following:
(a) Vicinity map showing geographical location of the proposed subdivision.
(b) The proposed name of the subdivision (the name shall not duplicate or closely resemble the name or names of any existing subdivision).
(c) The location of the boundary lines in relation to the quarter section corner.
(d) The names and addresses of the developer, surveyor, landscape architect or architect who prepared the plat.
(e) The scale of the plat shall be one inch equals 200 feet or larger.
(f) Date of preparation and north point.
(g) Location, width and name of platted streets or other public ways, railroads and utility rights-of-way, parks and other public open spaces and permanent buildings within or adjacent to the proposed subdivision.
(h) All existing sewers, water mains, gas mains, culverts or other underground installations within the proposed subdivision or immediately adjacent thereto, showing pipe size, grades and location.
(i) Names of adjacent subdivisions, and owners of adjacent parcels of unsubdivided land.
(j) Topography with contour intervals of not more than five feet (referred to USGS datum), also location of watercourses, bridges, wooded areas, lakes, ravines, approximate acreage and such other features as may be pertinent to the subdivision.
(k) The location and width of proposed streets, roadways, highways, pedestrian ways and easements.
(l) The location and character of all proposed utility lines, including sewers (storm and sanitary), water, gas, telephone and power lines. Where new public streets or rights-of-way are proposed, a preliminary street plan which shall have cross-section and profile data of the existing conditions and of the proposed improvements. The preliminary street plan shall be reviewed by the City or County Engineer for compliance with the uniform standards. The reviewing engineer shall submit a statement to the secretary of the Planning Commission prior to the public hearing, indicating that the preliminary street plan meets with uniform standards or setting forth the provisions necessary to meet the uniform standards. If a sewage treatment plant or other type of individual or community sewage disposal system is to be installed or constructed to serve all or certain portions of the proposed subdivision, the general plan for such community type sewage treatment or disposal system shall be shown and so identified on the proposed plat.
(m) Layout, numbers and approximate dimensions of all lots, and the number or letter of each block.
(n) Location and size of proposed parks, playgrounds, churches or school sites, or other special uses of land to be considered for dedication to public use or reservation by deed of covenant for the use of all property owners in the subdivision and the conditions of such dedication or reservation.
(o) Building setback lines with dimensions.
(p) Indication of any lots for which uses other than residential are proposed by the subdivider.
(q) A statement, on the plat, as to how lots will be sewered.
(r) Any stream buffer easements as required by this title.
(s) A drainage report, including a stormwater management plan if required by Chapter 13.35 TMC. (Ord. 19626 § 1, 8-23-11.)
18.35.160 Approval or disapproval by Planning Commission.
Approval or disapproval of the preliminary plat shall be conveyed to the subdivider within five days after the Planning Commission’s public hearing at which the plat was considered. If the plat is disapproved, the subdivider shall be notified of the reason for such action and what requirements shall be necessary to meet the approval of the Planning Commission. The approval of the preliminary plat does not constitute an acceptance of the subdivision, but is deemed to be an authorization to proceed with the preparation of the final plat. This approval of the preliminary plat shall only be effective for a period of six months, unless an extension is granted by the Planning Commission. If the final plat has not been submitted for approval within this specified period, a preliminary plat must be resubmitted to the Planning Commission for approval. (Code 1981 § 41-52. Code 1995 § 134-78.)
Cross References:Planning Commission, Chapter 2.225 TMC.
18.35.170 Submission.
(a) After approval of the preliminary plat, the subdivider shall submit a final plat for recording purposes to the secretary of the Planning Commission. Such final plat shall be prepared by a registered engineer or surveyor.
(b) The original of the final plat, which shall be drafted on tracing cloth or drafting film, and 10 copies thereof shall be submitted to the secretary of the Planning Commission at least 15 days prior to the date of the public hearing at which the Planning Commission shall review the plat. An electronic image file of the plat, submitted as either a tag image file format (*.tif; *.tiff) or JPEG file interchange format (*.jpg; *.jpeg), shall accompany the final plat. (Ord. 18266 § 1, 6-15-04. Code 1981 § 41-64. Code 1995 § 134-96.)
Cross References:Planning Commission, Chapter 2.225 TMC.
18.35.180 Filing fee.
Each phase of the plat review process, including replats, shall be accompanied by the appropriate filing fee as set forth herein. In the event an application is withdrawn prior to consideration of either the zoning and platting committee or Governing Body, the applicant may recover the filing fees less the actual expenses incurred by the planning staff.
(a) Preliminary Plat Phase.
1 – 10 lots | $200.00 + $5.00/lot |
11 – 50 lots | $200.00 + $4.00/lot |
51 – 150 lots | $200.00 + $3.00/lot |
151 – 500 lots | $200.00 + $2.00/lot |
501+ lots | $200.00 + $1.00/lot |
(b) Final Plat Phase.
$100.00 + $2.00/lot |
(Ord. 17463 § 1, 2-1-00. Code 1981 § 41-65. Code 1995 § 134-97.)
18.35.190 Scale.
The final plat prepared for recording purposes shall be drawn to the following scale: one inch equals 100 feet or larger. The size of the sheet on which such final plat is prepared shall be at least 24 inches by 36 inches. Each sheet shall have a two-inch binding edge along the lefthand side. Where the proposed plat is of unusual size, the final plat shall be submitted on two or more sheets of the same dimensions. If more than one sheet is required, an index map of the same dimensions shall be filed showing the entire development at a smaller scale. (Code 1981 § 41-66. Code 1995 § 134-98.)
18.35.200 Contents.
The final plat shall show and contain the following information:
(a) Name of subdivision (not to duplicate or closely resemble the name of any existing subdivision).
(b) Location of section, township, range, County and State, including the descriptive boundaries of the subdivision based on an accurate traverse, giving angular and linear dimensions which must mathematically close; the allowable error of closure on any portion of the plat shall be one foot in 5,000.
(c) The locations of monuments shall be shown and described on the final plat; locations of such monuments shall be shown in reference to existing official monuments or the nearest established street lines, including the true angles and distances to such reference points or monuments.
(d) The location of lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii or area of all curves, and with all other information necessary to reproduce the plat on the ground; dimensions shall be shown from all angle points and points of curve to lot lines.
(e) Lots shall be clearly designated by number or letter; the area of each lot shall be indicated in terms of square footage either in tabular form or within the lot boundaries on the plat.
(f) Blocks shall be lettered clearly in the center of the block.
(g) The exact location, width and name of all streets to be dedicated.
(h) Location and width of all easements to be dedicated.
(i) Boundary lines and description of the boundary lines of any area, other than streets and alleys, which are to be dedicated or reserved for public use.
(j) Name and address of the developer and the surveyor or engineer making the plat.
(k) Scale of plat (scale to be shown graphically and in feet per inch), date and north point.
(l) Formal dedication for all easements.
(m) Formal dedication of all streets, alleys and all other public areas not previously dedicated.
(n) The names and signatures of the owners of the property, duly acknowledged and notarized, shall appear on the original and copies submitted.
(o) Any stream buffer easements as required by this title.
(p) A drainage report, including a stormwater management plan if required by Chapter 13.35 TMC. (Ord. 19626 § 2, 8-23-11.)
18.35.210 Certification.
(a) The final plat shall contain a certificate signed and acknowledged by the parties having any title or interest in the land subdivided, consenting to the preparation and recordation of the plat as submitted. The original and six copies of the plat, as submitted, shall carry the signatures of the owners and be duly notarized by a notary public.
(b) A certification by a registered engineer or surveyor that the details of the final plat are correct is required.
(c) Space shall be reserved on the final plat for the date and signature of the following certificate of approval:
(1) Chairperson and secretary of the Planning Commission;
(2) The Council, to be signed by the Mayor and City Clerk;
(3) The Board of County Commissioners, to be signed by two members and the chairperson;
(4) Entry for the date and transfer of record with space for the signature of the County Clerk; and
(5) Space for the recording of the instrument and the name of the Register of Deeds. (Code 1981 § 41-68. Code 1995 § 134-100.)
18.35.220 Supplementary documents and information.
(a) Two three-line profile prints of streets to be dedicated, indicating the grades thereon, may be required on final plats.
(b) A certificate from both the City and County stating that all taxes and encumbrances have been satisfied of record on the land to be dedicated as streets, alleys or other public purposes is required on final plats.
(c) If private restrictions are to be filed affecting the subdivision or any part thereof, two copies shall be filed with the final plat.
(d) Documentation shall be provided showing that all real estate taxes and special assessments on the property being platted are not delinquent. (Ord. 19843 § 4, 8-27-13.)
18.35.230 Approvals necessary for proposed subdivisions.
(a) All subdivisions, including resubdivisions, shall be submitted to the Planning Commission for consideration and approval for conformity with this division or variation therefrom, as provided in TMC 18.30.040.
(b) Any subdivision or resubdivision which includes land to be dedicated for public purpose which is approved by the Planning Commission shall be submitted to the City Council for acceptance or disapproval of the public dedication, public reservation or public easement.
(c) All approved subdivisions or resubdivisions shall not become effective until such time as the plat thereof is recorded in the office of the Register of Deeds.
(d) Where a proposed subdivision or resubdivision is not approved by the Planning Commission, the secretary of the Planning Commission shall notify the owner by a written report stating the basis and reasons for such determination. (Code 1981 § 41-70. Code 1995 § 134-102.)
18.35.240 Approval or disapproval.
(a) After the review of the final plat by the Planning Commission, such final plat, together with the recommendations of the Planning Commission, shall be transmitted to the Council for its action. If approved, the plat shall be signed by the Mayor and the City Clerk and forwarded to the Board of County Commissioners as provided by law.
(b) If the Planning Commission disapproves the final plat, the secretary of the Planning Commission shall forward the plat, together with the report of the Planning Commission, stating the reasons for its actions. (Code 1981 § 41-71. Code 1995 § 134-103.)
18.35.250 Recording.
(a) Ten copies of the recorded plat shall be submitted to the secretary of the Planning Commission within 10 days after the plat has been recorded with the Register of Deeds. The recorded copies will then be distributed to the various government agencies and local utility companies. No building permit shall be issued by the Code Enforcement Director or County Zoning Administrator until the recorded copies of such plat are on file with the secretary of the Planning Commission.
(b) Any deed for the dedication of a new public street shall not be filed with the Register of Deeds until such deed shall have endorsed on it the fact that it has been submitted to and has been approved by the Planning Commission and has been accepted by the City Council.
(c) Any deed for the dedication or easement of additional right-of-way which is necessary to facilitate any public works project on an existing street or public way may be filed with the Register of Deeds without the endorsement of the Planning Commission and acceptance by the City Council. (Code 1981 § 41-72. Code 1995 § 134-104.)