The purpose of this Article is to:

A.      Provide for the harmonious development of the City of Goddard and the surrounding area.

B.      To provide for the proper location and width of streets, for building lines, open spaces, drainage, safety and recreational facilities, and for the avoidance of congestion of population.

C.      To provide for the minimum width, depth and area of lots.

D.      To specify the extent to which, and the manner in which, roadways shall be graded and improved.

E.       To specify the extent to which, and the manner in which water, sewer and other utility mains and dipping and connections or other physical improvements shall be installed;

F.       To provide for the actual construction of such physical improvements and secure to the Governing Body control thereof; and

G.      To provide for the exercise of the powers conferred by K.S.A. § 12-741 et seq.

These regulations shall apply to all land located within the City of Goddard and within the Urban Growth Boundary as defined by the Metropolitan Area Planning Commission and Sedgwick County Board of County Commissioners.

Any owner or owners of land subdividing the same into lots and blocks or tracts or parcels for the purpose of laying out any subdivision, suburban lots, building lots, tracts or parcels or establishing any street, alley or other property intended for public use or for the use of a purchaser or owner of lots, tracts or parcels of land fronting on or adjacent thereto, shall cause a subdivision plat to be made in accordance to these regulations. K.S.A 12-752

The Planning Commission – Board of Zoning Appeals shall administer the provisions of these regulations, and, in furtherance of such authority, the said Commission shall:

A.      Maintain permanent and current records with respect to these regulations, including amendments thereto.

B.      Receive and file all preliminary plats, and final plats, together with applications therefor.

C.      Forward copies of the preliminary plat to other appropriate governmental agencies and departments and public utilities for their report and recommendations, when such report and recommendations are necessary or desirable.

D.      Forward final plats to the Governing Body, together with the recommendations of the Planning Commission – Board of Zoning Appeals.

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

F.       Review and approve or disapprove final plats and transmit the same to the Governing Body for acceptance of dedications of streets, alleys and other public ways and sites.

G.      Make such other determinations and decisions as may be required of the Planning Commission – Board of Zoning Appeals from time to time by these regulations, or the applicable sections of the Kansas Statutes Annotated.

The filing fees for Subdivision plats, lot splits and corrections of plats shall be established by a resolution of the Governing Body.

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

PART 1. THE PRELIMINARY PLAT.

The subdivider shall file such number of copies of the preliminary plat as the Planning Commission may deem necessary for proper review.

The preliminary plat shall not be accepted for filing until the filing fee therefor has been paid by the subdivider.

The preliminary plat shall contain the information and data set out in Section 118 of this regulation.

The Planning Commission – Board of Zoning Appeals shall review the preliminary plat and may conduct a public hearing, at which interested persons may attend and offer evidence supporting or opposing such preliminary plat.

A.      The Planning Commission shall thereupon determine, on the basis of all evidence before it, whether the preliminary plat generally meets the design standards and requirements of these regulations, the comprehensive  plan of the area, the zoning regulations in force in the area, and other applicable provisions of ordinances or regulations of the City.

B.      If the foregoing considerations are satisfied, the Planning Commission – Board of Zoning Appeals shall approve, in writing, the preliminary plat.

C.      If the Planning Commission – Board of Zoning Appeals determines that the preliminary plat does not satisfy the foregoing conditions, it may suggest modifications which will cause the preliminary plat to satisfy such conditions.  In such event:

(1)          The subdivider may amend the preliminary plat to incorporate such modifications and resubmit the preliminary plat to the Planning Commission – Board of Zoning Appeals, which shall then grant its approval if such amendments satisfactorily incorporate the suggested modifications; or

(2)          The subdivider may reject the suggested modifications or may refrain from taking any action thereon within the time allowed for Planning Commission – Board of Zoning Appeals. In either event, the preliminary plat shall be deemed to have been disapproved and the Planning Commission- Board of Zoning Appeals shall furnish the subdivider with a written statement setting forth reasons for disapproval of the preliminary plat.

D.      If the Planning Commission – Board of Zoning Appeals determines that the preliminary plat does not satisfy the foregoing conditions and that modifications would be too extensive or impractical, it shall disapprove the preliminary plat and immediately notify the subdivider of its action and the reasons there for.

E.       Notwithstanding the foregoing provisions, the Planning Commission – Board of Zoning Appeals shall approve or disapprove the preliminary plat within sixty (60) days of the date on which such plat was filed or the date on which the subdivider submitted the last item of required data (if such requirement was made within said sixty [60] days), whichever date is later, unless such time is extended by mutual consent.

(1)          If the preliminary plat is disapproved, the Planning Commission – Board of Zoning Appeals shall, within ten (10) days of such disapproval, furnish the subdivider with a statement in writing setting forth the reasons for such disapproval and specifying with particularity the aspects in which the proposed preliminary plat fails to conform to the requirements of these regulations, the comprehensive plan, zoning regulations in force in the area and other applicable provisions of the ordinances of the city.

If the Planning Commission – Board of Zoning Appeals fails to approve or disapprove a preliminary plat within sixty (60) days of the date on which such plat was filed or the date on which the subdivider submitted the last item of required data, whichever date is later, such preliminary plat shall be deemed to have been approved, unless the subdivider shall have consented in writing to extend or waive such time limitation.

A.      Approval of the preliminary plat shall not constitute approval of the subdivision by the Planning Commission – Board of Zoning Appeals but shall signify merely the general acceptability of the proposed subdivision.

B.      Such approval shall be considered permission to prepare the final plat, detailed plans and specifications for the proposed subdivision and for all public improvements to be constructed therein by the subdivider.

C.      Such approval shall be effective for no more than twelve (12) months from the date on which approval was granted, unless, upon application from the subdivider, the Planning Commission – Board of Zoning Appeals grants an extension of time beyond such period.

D.      If a final plat is not approved and recorded as required by these regulations within such twelve-month period, or such longer period as may be allowed under this section, approval of the preliminary plat shall be revoked and the preliminary plat must be resubmitted to the Planning Commission – Board of Zoning Appeals as if such plat had never been approved, except that no additional fee shall be charged for such resubmission.

PART 2. FINAL PLATS.

The final plat, using a photographic process on 0.004-inch Mylar cronoflex engineering photographic film, or its equivalent, together with the same number of copies as are required for submission of a preliminary plat shall be filed with the Planning Commission – Board of Zoning Appeals within twelve (12) months of the date on which the preliminary plat was approved.

The Planning Commission – Board of Zoning Appeals shall, within sixty (60) days of the date on which the plat was submitted to it, either approve or disapprove the plat. If the Planning Commission – Board of Zoning Appeals disapproves the final plat, it shall advise the subdivider in writing of the reasons for such disapproval within ten (10) days of such disapproval.

PART 1. PLATTING ACCURACY.

Plats shall be prepared with the following accuracy:

A.      Sketch plats shall be to a scale. They may be submitted in free hand form.

B.      Preliminary plats shall be drawn to scale, with sufficient accuracy to set forth the location of lot, block, property and boundary lines, utilities and other facilities, to the nearest foot.

C.      Final plats shall be prepared with the accuracy required for traverse data.      The following sheets or drawings shall be submitted with the final plat:

(1)          Traverse data for the plat, including the coordinates of the boundary of the subdivision with the error of closure. The error of closure for a perimeter distance often thousand (10,000) feet or more shall not be more than one (1) in twenty thousand (20,000). For perimeter distances of less than ten thousand (10,000) feet, the error of closure shall not be more than one (1) in ten thousand (10,000).

(2)          The computation of all distances, angles and courses that are shown on the final plat, unless measured in the field.

(3)          All stakes, monuments or other evidence found on the ground in use, to determine the boundaries of the plat.

PART 2. PRELIMINARY PLAT.

The preliminary plat shall be drawn to a scale of not less than one (1) inch equals one hundred (100) feet. However, areas over one hundred (100) acres may be to a scale of one (1) inch equals two hundred (200) feet.

A.      GENERAL INFORMATION. The following general information shall be shown on the preliminary plat:

(1)          The proposed name of the subdivision. This name shall not duplicate or resemble the name of any existing subdivision within the area subject to these regulations.

(2)          Date, north point, and scale of drawing.

(3)          An identification clearly stating that the map is a preliminary plat.

(4)          The location and boundaries of the tract which will be subdivided.

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

(6)          The name and address of the owner, the subdivider, and the licensed professional engineer or surveyor who prepared the plat.

B.      EXISTING CONDITONS. The following existing conditions shall be shown on the preliminary plat:

(1)          The locations, widths and names of all existing public or private streets within or adjacent to the tract, together with easements, railroad rights- of- way, and other important features such as section lines and comers, city boundary lines and monuments.

(2)          Contour lines or spot elevations based on City of Goddard datum or Mean Sea Level (MSL) having the following intervals:

(a)          Two (2) foot contour intervals for ground slopes less than ten percent. (10%).

(b)          Five (5) foot contour intervals for ground slopes exceeding ten per cent (10%)

(c)          Spot elevations where the ground is too flat for contours. The date or dates of the topographic surveys shall be shown.

(3)          The location and direction of all watercourses and areas subject to flooding.

(4)          Natural features such as rock outcroppings, marshes, lakes, wooded areas, and isolated preservable trees.

(5)          Existing use of the property, including the location of all existing structures, with a designation as to which will be removed, and which will remain on the property after the final plat is recorded.

(6)          The horizontal location and elevation within the subdivision, and the horizontal location in the adjoining streets and property, of existing sanitary and storm water sewers (including flow lines), water mains, culverts, underground wiring, pipelines, and gas lines proposed to serve the property to be subdivided.

(7)          Zoning on and adjacent to the tract, if any.

(8)          Location, elevation, and description of the benchmark controlling the vertical survey.

C.      PROPOSED SUBDIVISION PLAT. The following information with respect to the manner in which the tract is to be subdivided and developed shall be included on the preliminary plat:

(1)          Streets, showing the location, width, names and approximate grades thereof.

(2)          The relationship of all existing streets to any projected.

(3)          If a development plan has been adopted by the Planning Commission or Governing Body, such development plan shall be shown. If no such development plan has been completed, then such other features as suggested by the Planning Commission shall be shown.

(4)          Easements showing width and purpose.

(5)          Lots showing approximate dimensions, minimum lot sizes and proposed lot and block numbers.

(6)          Sites, if any, to be allocated to other than single-family dwellings.

(7)          Locations and types of utilities to be installed.

(8)          Sites, if any, to be dedicated or reserved for park, playground or other public purposes.

(9)          Proposed building setback lines, if any.

D.      ADDITIONAL DATA AND INFORMATION TO BE SUBMITTED WITH THE PRELIMINARY PLAT.

The following data and information shall be submitted in separate statements and/or maps accompanying the preliminary plat, or, if practical, such data and information may be shown on the preliminary plat:

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

(2)          A vicinity map showing the coverage of existing emergency warning devices, and the location of any new emergency warning devices, which are proposed in order to meet the requirements of Section 8-101(G), with the coverage of the proposed devices.

(3)          Proposed deed restrictions, if any, in outline form.

(4)          A statement of the manner in which the subdivider proposes to finance improvements.

(5)          A statement as to the general nature and type of improvements proposed for the subdivision, and in what manner the subdivider intends to provide for their installation, e.g., petition, actual construction, monetary guarantee, etc. If other than by petition, the plat shall indicate the approximate time that such improvements will be completed.

PART 3.  FINAL PLAT.

The final plat shall be prepared by a licensed professional engineer, or surveyor as defined in Section 139.2 (12), using a photographic process on 0.004-inch Mylar cronoflex engineering photographic film, or its equivalent.

(A)     No final plat shall be larger than twenty-two (22) inches by thirty-four (34) inches.

(B)     The scale shall be not less than one hundred (100) feet to one (1) inch, except that the Planning Commission – Board of Zoning Appeals may order or allow a different scale where it determines that such different scale is necessary for a proper exhibit of the subdivision.

(C)     When more than one (1) sheet is used for any plat, each such sheet shall be numbered consecutively and each such sheet shall contain a notation showing the whole number of sheets in the plat and its relation to other sheets (e.g., sheet 1 of 3 sheets).

(D)     Linear dimensions shall be given in feet and decimals of a foot.

The final plat shall show on the face thereof:

A.      The name of the subdivision.

B.      The date, scale, north point, legend and controlling physical features, such as water courses, highways and railroads.

C.      A legal description of the tract boundaries.

D.      Reference ties to government comers or previous surveys or plats as follows:

(1)          The distance and direction to the monuments used to locate the land described in the certificate of survey.

(2)          The location of all other monuments required to be installed by the provisions of these regulations.

E.       The tract boundary, block boundaries, and street and other right-of-way lines with distances and angles (and/or bearings).

F.       Where these lines follow a curve (all curves must be circular), the central angle, the radius, points of curvature, length of curve and length of intermediate tangents shall be shown.

G.      Lot lines with dimensions.

(1)          Side lot lines shall be at right angles or radial to street lines unless otherwise shown.

(2)          Rear lot lines shall be parallel to block or tract lines unless otherwise indicated.

(3)          Points of deflection of rear lot lines shall be indicated by angles and distances.

H.      The width of the portion of the streets being dedicated and the width of any existing rights-of-way.

I.        All easements shall be denoted by fine dashed lines, clearly identified, and if already of record, the recorded reference of such easements. If an easement is not already properly recorded, the plat shall include a statement of such easement. The width of the easement with sufficient ties to definitely locate it with respect to the subdivision must be shown. If the easement is being dedicated through the plat map, it shall be properly referenced in the owner's certificate of dedication and identification.

J.       Lot numbers beginning with the number one (1) and numbered consecutively in each block.

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

L.       Land parcels to be dedicated for any purpose, public or private, clearly distinguished from lots or tracts intended for sale.

M.      Building setback lines, if any.

N.      The name of each street shown on the subdivision plat.

O.      Location and elevation of permanent bench marks, if required.

P.       The following certificates, which may be combined where appropriate.

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

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

S.       A certificate signed by the licensed professional engineer or surveyor responsible for the survey and final map.

(1)          The certificate shall contain a statement certifying that the irons indicated on the plat have been set.

(2)          The engineer or surveyor shall not sign the plat until he or she has had set all monuments, irons, or benchmarks required by these regulations.

(3)          Said signature shall be accompanied by the engineer's or surveyor's seal and shall state the month and year such survey was made.

T.       The acknowledgment of a notary in the following form:

State of Kansas, County of Sedgwick, SS.

Be it remembered that on this ___ day of ____, 20__, before me, a notary public in and to me personally known to be the same person who executed the foregoing instrument of writing and duly acknowledged the execution of same. In testimony whereof, I have hereunto set my hand and affixed my notarial seal the day and year above written.

(SEAL)

My Appointment expires: __________

__________  Notary Public

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

This plat of _______________ has been submitted to and approved by the Goddard Planning Commission, Goddard, Kansas.

Dated this __ day of ______, 20 __.

Goddard Planning Commission

By:  _______________ Chairman

(SEAL)   ___________ Secretary

V.      The plat approval and acceptance of dedications by the Governing Body, when required, in the following form:

              This plat approved and all dedications shown hereon, if any, accepted by the Goddard City Council of the City of Goddard, Kansas, this __ day of _______, 20_.

_____________, Mayor

(SEAL)   _____________, City Clerk

W.     The plat approval and acceptance of dedications by the Board of County Commissioners, when required, in the following form:

This plat approved and all dedications shown hereon, if any, accepted by the Board of County Commissioners of Sedgwick County, Kansas, this             __ day of ________, 20__.

ATTEST:

__________________

__________________

__________________

County Commissioners

County Clerk ____________ (SEAL)

X.      A blank space for noting entry on the transfer records in the following form:

Entered on transfer records this __ day of ___________, 20__.

_______________________
County Clerk

Y.      The certificate of the County Surveyor in the following form:

State of Kansas, County of Sedgwick, SS.

Reviewed in accordance with K.S.A § 58-2005, on this __ day of ________, 20__.

(SEAL)  

___________________________________________
Land Surveyor's name and license number

Z.       A certificate for the city attorney is the following form:

State of Kansas             )
City of Goddard           )

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

Date Signed: ________________, 20__

___________________________________, City Attorney

AA.   Provision for all other certifications, approvals, and acceptances which are now, or which may hereafter be required by any statute, ordinance or regulation.

The form of the certification may be modified as necessary with the approval of the Planning Commission legal counsel to meet statutory or other requirements.

NOTE: The typewritten or printed names of all persons required by this section shall appear below the signature of that person.

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

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

(B)     A certificate showing that all taxes and special assessments due and payable have been paid in full or showing that such taxes have been protested as provided by law. In the event of a protest, the subdivider shall place money in escrow guaranteeing the payment of such taxes, in the event the protest is denied.

(1)          In the alternative, the subdivider may submit a surety bond in favor of the Governing Body, conditioned on the payment of such taxes, in the event the protest is denied.

(C)     A copy of any deed restrictions applicable to the subdivision.

LOT SPLITS.

The Community Development Director, or their appointee, may approve lot splits that conform to the requirements laid out below in the approval guidelines.

An application must be submitted in a format as determined by the city staff which adequately conveys all necessary information for recording with the register of deeds. The application must be accompanied by a survey drafted by a surveyor or licensed engineer. The survey shall have a signature line for the Community Development Director to affix their signature to the survey.

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

(A)     No lot split shall be approved if:

1.           A new street or alley is needed or proposed.

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

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

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

5.           All easement requirements have not been satisfied.

6.           Such split will result in a tract without direct access to a street.

7.           A substandard sized lot or parcel will be created. In the event the lot split is for the purpose of the fulfillment of Article 2.102 “Dwelling Attached” or any other building separation for purpose of the creation of additional parcel identification numbers for residential units to be sold individually, it shall be considered conforming and acceptable.

(B)     The Community Development Director may make such additional requirements as deemed necessary to carry out the intent and purpose of existing land development regulations and Governing Body policy.

1.           Requirements may include, but are not limited to, installation of public facilities, dedication of rights-of-way and easements, and submission of covenants for the protection of other landowners in the original subdivision.

(C)     If approved, and after all conditions have been met, the Community Development Director shall sign the lot split on the survey and the applicant, or their representative, must record it with the register of deeds.  The applicant may appeal a denial of an application for a lot split to the Planning Commission, which shall act on the appeal within thirty (30) days.  All decisions of the Planning Commission shall be final.

BOUNDARY LINE ADJUSTMENT.

The purpose of a Boundary Line Adjustment is to provide a process and standards for boundary line adjustments consistent with applicable ordinances and codes.

Boundary line adjustments are exempt from City of Goddard subdivision requirements under certain specific conditions. This procedure is intended to provide an efficient, low-cost procedure to affirm changes to existing property lines. The City of Goddard shall issue a certificate of exemption for boundary line adjustments in conformance with the requirements and or provisions of this title or to aggregate existing lots. The issuance of a certificate of exemption for a boundary line adjustment is a memorialization that a particular boundary line adjustment is recognized by the City as a legal lot of record that is not a condition of noncompliance with the requirements of subdivision regulations.

Boundary Line Adjustments can be approved in house by the Community Development Director. It does not need to be considered by the Planning Commission or the Governing Body

Issuance of a certificate of exemption for a boundary line adjustment is not a guarantee that the resulting property configuration or parcel is a buildable lot; it does represent that the City of Goddard considers the lot to be a legal lot of record. However, the City makes no representation of warranty, expressed or implied, or any guarantee of any warranty, expressed or implied, as to the condition of the title to the land or fitness or suitability for any uses, permits, development or buildability whatsoever.

City of Goddard does not warrant or guarantee:

(A)     Legal or physical access to parcels for which a certificate of exemption has been issued.

(B)     Suitability of parcels for which a certificate of exemption has been issued for on-site sewage disposal.

(C)     Water availability for domestic or irrigation purposes to parcels for which a certificate of exemption has been issued; and/or

(D)     The issuance of building/development permits for lots, tracts or parcels, divisions or sites for which a certificate of exemption has been issued.

Boundary line adjustments are limited to legally platted, established contiguous lots, tracts, parcels, sites or divisions, parcels or tracts. This process may not be used to accomplish the purposes for which platting, replatting, plat alterations, or plat vacations were intended and required.

All boundary line adjustment certificates of exemption request shall be subject to the following criteria:

(A)     A boundary line adjustment shall not result in the creation of any additional lots, sites, tracts, or parcels.

(B)     A boundary line adjustment shall not create any lot, tract, parcel, site or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site as established herein, nor shall such adjustment or adjustments create a building setback violation.

(C)     A boundary line adjustment shall not result in the entire relocation of lots, sites, tracts or parcels.  Lots may be reoriented within the perimeter or the contiguous lots.

(D)     A boundary line adjustment shall not violate or be inconsistent with any conditions for approval of a previously filed plat, short plat, or binding site plan.

(E)     Only legal lots of record shall qualify for a boundary line adjustment certificate of exemption.

(F)     No lot, as a result of the boundary line adjustment, shall be smaller than the minimum lot size required by Article 7, Design Standards, in effect at the time the application is accepted. Whenever any one or more lots involved in the proposed change is smaller than the minimum lot size requirement of the current zoning designation, the change may be approved so long as no resulting lot becomes more nonconforming than the smallest lot prior to the boundary line adjustment, except as follows:

I.            Whenever deviation s from the lot size requirements of Article 7, Design standards, are required to accommodate natural feature related to topography and/or terrain that establish natural physical barriers or boundaries.

II.           Whenever deviations from the lot size requirements of Article 7, Design Standards, are required to accommodate structures such as buildings, roads, driveways, fences, utilities, drain fields, ditches or similar structures.

III.          Whenever deviations from the lot size requirements of Article 7, Design Standards, are required to accommodate developed open space such as orchards, parks or similar improved, cultivated or developed open space areas.

(G)     The applicant(s) shall record conveying documents with the Sedgwick County Register of Deeds.

(H)     The property owner(s), on forms provided by the City, shall agree to indemnify, release and hold the City harmless for any losses or claims which may result from the inability of the City to issue building/development permits for lots, tracts or parcels for which a certificate of exemption has been issued including but not limited to the following: lack of legal or physical access; water availability for domestic and/or irrigation purposes, and suitability of parcels for on-site sewage disposal.

Upon the submittal and acceptance of a technically complete boundary line adjustment application, and the Administrator determines that it contains sufficient information to furnish as a basis for its approval or

disapproval, a file number will be assigned, and the application date stamped for processing. All Land Use Applications require proof that the property is a legal lot of record.

(A)     A lot created by a recorded subdivision or short subdivision; or

(B)     A lot conforms in size meeting the requirements as defined in the City’s Subdivision Regulations or Municipal Code; or

(C)     An approved certificate of exemption, or boundary adjustment.

A legal description that describes a portion of a lot, or a meets and bounds description, will not constitute a legal lot.  A recorded survey does not create a legal lot.

Any person desiring approval of a boundary line adjustment, shall file application forms provided by the Administrator along with such other data that when read together discloses the following information:

(A)     A plat certificate/certificate of title from a title insurance company authorized to do business in the State of Kansas, confirming that the title to the lands as described and shown on said proposed Boundary Line Adjustment are vested in the owner(s) whose signature(s) appear on the application. The plat certificate shall have been issued in the preceding one hundred and twenty (120) days.

(B)     Existing legal descriptions for each lot being adjusted (i.e., existing Lot A and existing Lot B). You may obtain those documents from a title company or the assessor’s office, which will also convey whether your lot is a legal lot of record.

(C)     Proposed legal descriptions for each lot being adjusted (i.e., proposed Lot A, and proposed Lot B). The department strongly recommends a licensed surveyor by the State of Kansas draw up those descriptions as it provides an accurate description and property boundaries.

(D)     Documentation all lots are Legal Lots of Record (i.e., short plat, major subdivision)

(E)     Property owner Lot A and property owner Lot B.

(F)     Current zoning designation.

(G)     Current Parcel Numbers for properties A & B.

(H)     A scaled plat drawing of the existing lot with present lot lines being shown as solid lines and the proposed lot being shown as dashed lines. Label them new lines and old lines. Indicate according to property owners - Lot A and Lot B in the appropriate properties.

(I)      All lot measurements must be shown in feet.

(J)      Show existing improvements such as buildings, wells, septic systems, roads and easements and their widths, an arrow-indicating north, and any other pertinent features.

(K)     Signed, dated and notarized signatures for all persons having interest in the property. Signature page must be an original.

(L)     Any documents attached as separate pages or exhibits must maintain 1” margins around the entire page (for recording purposes).

(M)    Provide a brief narrative of the proposed boundary line adjustment.

(N)     An application fee of $100.00 made payable to City of Goddard.

(A)     All Taxes and Assessments for the year must be paid in full for the taxing period any division, alteration, or adjustment of real property boundary lines shall present a certificate of payment from Treasurer’s. All taxes current and delinquent must be paid.

(B)     If properties are to be conveyed between two (2) separate property owners, Quit Claim Deeds should be prepared. The department strongly recommends an attorney, and/or a licensed surveyor draw up the deeds for that portion of the property being transferred.

(C)     Any recording fee(s) to Sedgwick County must be paid by the applicant(s).

Approval of disapproval of Boundary Line Adjustment shall be made based on the following guidelines:

(A)     No Boundary Line Adjustment shall be approved if:

(1)          A new street or alley is needed or proposed.

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

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

(4)          There is less street right-of-way than required by these regulations or the Comprehensive Plan, unless such dedication can be made by separate instrument.

PART 1. GENERAL STANDARDS.

All subdivision of land subject to these regulations shall conform to the design standards of Section 123.

No subdivision shall conflict with the comprehensive plan of the metropolitan area.

(A)     No land which is subject to periodic flooding or, where delineated, is within the 100- year flood plain shall be subdivided for residential use or any other use which would be incompatible with such flooding.

(B)     The provisions of paragraph (A) above shall not bar the subdivision of land which is subject to periodic flooding, or which has inadequate drainage, if improvements and/or modifications  are made to said land, which render such land safe for residential or  other intended occupancy.

(1)          All such improvements and modifications shall meet the standards and requirements of the Stormwater Management Advisory Board (SMAB) or other available published standards and requirements.

(2)          The costs of such  improvements  shall  be  at no  expense  to  the  City  of Goddard. However, nothing herein shall prohibit participation in the costs by state and federal agencies.

(C)     In no event shall the City of Goddard be responsible for any flooding which may occur as a result of the location of a subdivision, or the inadequacy of any improvements made under Subsection B above.

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

The Planning Commission may require as a condition precedent to approval of any subdivision plat:

(A)     That said subdivider dedicates to the appropriate public body, agency or authority, lands, sites, and locations for parks, playgrounds, open space, schools, or other public facilities.

(B)     That said subdivider offers to sell to the appropriate public body, agency or authority, lands, sites, and locations for parks, playgrounds, open space, schools, or other public facilities.

(1)          If such public body, agency or authority purchases any such offered lands, sites or locations, the purchase price for such lands, sites or locations shall not be more than the appropriate proportion of the fair market value of the entire subdivision area as undivided land as of the date on which the subdivider submits his preliminary plat of subdivision for approval, or if no preliminary plat is required to be submitted, as of the date on which the subdivider submits his plat of subdivision for approval, plus that percentage of the costs of improvements required as a part of the plat allocable to that portion being purchased.

(C)     That said subdivider reserve for dedication or sale to the appropriate public body, agency or authority, lands, sites, and locations for parks, playgrounds, open space, schools, or other public facilities. Provided, however, that a subdivider shall not be required to reserve such lands, sites and locations for a period longer than:

(1)          Two (2) years after the date of recording the subdivision plat with the Register of Deeds; or

(2)          Sixty (60) days after actual construction shall have been commenced on seventy- five (75) percent of the residential units in the subdivision, whichever shall result in a longer period of time.

(D)     If such public body, agency or authority purchases any such offered lands, the purchase price for such lands, sites, and locations shall be their fair market value as of the date that such public body, agency, or, authority notifies the subdivider, in writing, of its intention to purchase such lands, sites or locations or portions thereof, plus that percentage of the costs of improvements required as a part of the plat allocable to that portion being reserved.

(E)     These provisions shall apply only to subdivisions, or the parts thereof designed or intended for residential development or occupancy.

On land which is subject to excessive soil movement by the forces of wind and/or water, and which may cause environmental health hazards, necessary preventive measures shall be a part of the subdivision plan. All such preventive measures shall adhere to the conservation standards adopted by the Sedgwick County Soil Conservation District.

PART 2.  SPECIFIC STANDARDS.

(A)     The arrangement, character, extent, width, grade and location of all streets shall conform to the Comprehensive Development Plan and shall be considered in relation to existing  and planned streets, topographical conditions, to public convenience and safety, and their appropriate relations to the proposed uses of the land to be served by such streets.

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

(1)          Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or

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

(C)     Local streets shall be laid out so that their use by through traffic will be discouraged.

(D)     If a subdivision abuts or contains an existing or proposed limited access highway or arterial street, the Planning Commission - Board of Zoning Appeals may require marginal access streets, reverse frontage lots with access control provisions along the rear property line, deep lots with rear service alleys or such other treatments as may be necessary for adequate protection of residential properties and separation of through and local traffic.

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

(F)     Reserve strips controlling access to streets shall be prohibited except where their placement has been approved by the Governing Body under conditions set forth by the Planning Commission.

(G)     Street right-of-way requirements for other than arterials shall be determined by the total aggregate needs for the functional components of the particular system being considered. The total aggregate needs shall be in increments of two (2) feet, even numbers only. The components involved shall be:

(1)          Moving or Traffic Lanes- variable from nine (9) to twelve (12) feet per lane, depending on function, e.g., low density residential, cul-de-sac residential, collector, industrial, etc., and on design speed of the roadway. A moving lane may utilize a portion of the surface of certain types of curb construction. However, rights-of-way shall be computed without curb areas.

(2)          Parking Lanes for on-street storage of vehicles. Parking lanes shall be at least eight (8) feet in width. For computation purposes, up to two (2) feet of curb or shoulder may be included as part of the parking lane.

(3)          Curb or Shoulder. Curbs shall be considered to require two (2) feet irrespective of construction type. Shoulders (for suburban or rural roadways) shall be not less than three (3) feet in width.

(4)          Border Area. For urban streets, the border area (sometimes referred to as the "parking") shall be not less than fourteen and one-half (14) feet in width from the back of the curb to property line. This area shall be used for installation of utilities, street lighting, traffic control devices, fire hydrants, sidewalk and to provide a transition area in grades (if necessary) between the roadway and the property adjacent to the right-of-way. Border areas for suburban areas shall be variable in width, based on drainage needs.

Based on the above general criteria, street rights-of-way and roadways shall be as follows:

(H)     All right-of-way, roadway and sidewalk standards set forth in this Subsection (G) shall be considered minimum widths. The Planning Commission – Board of Zoning Appeals, upon recommendation of the City Engineer, may increase the minimum widths set forth in this Subsection (G).

(1)          Conditions to be considered in establishing a greater width of right-of-way, sidewalk or roadway include, but are not limited to: parallel drainage and roadway systems, utility requirements, considerations for safe and efficient traffic and pedestrian movement, grade problems and intersection design.

(2)          In applying these standards, workable street systems must be established. Once a pattern of widths based on function for a given area has been established, the pattern shall be followed throughout the street system until another system can be established or ties into a collector or arterial system.

(I)      Arterial right-of-way widths shall be as shown on the Comprehensive Development Plan.

(1)          If such widths are not shown thereon, arterial right-of-way widths shall not be less than one hundred (100) feet, except that a one hundred fifty (150) foot right-of-way shall be required within two hundred fifty (250) feet of the intersection of the center lines of an arterial street with any other arterial or collector street and taper to one hundred (100) feet at a distance of three hundred fifty (350) feet from the intersection center line.

(2)          The right-of-way for Federal Aid Secondary (PAS) roads in unincorporated areas shall not be less than one hundred twenty (120) feet.

(J)      Wherever possible, there shall be an inside tangent at least one hundred (100) feet in length introduced between reverse curves on arterial and collector streets.

(K)     Collector streets if they curve shall have a minimum centerline curve radius of at least three hundred fifty (350), based on a design speed of thirty (30) m.p.h. The curve radius may be modified to meet special conditions or other design speeds.

(L)     Streets shall be laid out so as to provide for horizontal sight distances on all curves. These distances shall be:

Local Streets:        200 feet

Collector Streets:   300 feet

Arterial Streets:     500 feet

The sight distance shall be measured within street rights-of-way from a height of four and one-half (4 1/2) feet above the proposed pavement surface in the right-hand lane of the roadway.

(M)    Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at less than eighty (80) degrees.

(N)     Street jogs are to be avoided on arterial and collector streets. On local streets with a right- of-way of sixty-four (64) feet or less, center line offsets of less than one hundred fifty (150) feet shall be avoided.

(O)     Roadway  grades,  wherever  feasible,  shall  not  exceed  the  following, with due allowance for reasonable vertical curves:

(P)     No roadway grade shall be less than 0.32 of one percent unless approved by the City Engineer. Greater percentages of grade may be required where the City Engineer deems such necessary to provide adequate drainage.

(Q)     Roadway pavement at intersections shall be rounded by the following minimum radii:

Right-of-way lines may be required to be rounded by an arc having at least the same radius as the arc of the curb, when normal right-of-way requirements are not sufficient to allow the construction of the roadway using the radii set out above.

(R)     Half-streets shall be avoided, except for arterial streets and collector streets where applicable, or where they are essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; or, when the Planning Commission finds that it will be practicable to require the dedication of the other half of the street when the adjoining property is subdivided.

(1)          Whenever a half-street, or portion thereof, is existing and adjacent to a tract to be subdivided, the other half of the street based on standards in (G) of this section shall be platted within such tract.

(S)     Dead-end streets, designed to be so permanently, shall be no longer than seven (7) times the average lot width or six hundred (600) feet, whichever is less.

(1)          Any dead-end street in an Urban Subdivision shall additionally have a tum• diameter of at least seventy (70) feet and a street property line diameter of at least one hundred (100) feet, or an alternate turnaround area such as a hammerhead, which the Planning Commission – Board of Zoning Appeals has approved as providing service equal to the foregoing requirement.

(2)          In Suburban Subdivisions, the minimum street property line diameter shall be one hundred fifty (150) feet, or such greater amount as the City Engineer shall determine.

(T)     No street names shall be used which will duplicate or be confused with the names of existing streets.

(1)          Existing street names shall be used where they are or would be logical extensions of existing streets even though separated by undeveloped land. Street names shall be subject to the approval of the Planning Commission.

(U)     All tangent, curve, sight distance and radii standards set forth in Section 124 shall be considered   minimum standards. The Planning Commission, upon recommendation of the City Engineer, may increase the minimum standards set forth in Section 124.

(1)          Conditions to be considered in establishing greater tangent, curve, sight distance and radii standards include, but are not limited to: parallel roadway systems, considerations for safe and efficient traffic and pedestrian movement, grade problems and intersection design.

(2)          In applying these standards, workable street systems must be established. Once a pattern of widths based on function for a given area has been established, the pattern shall be followed throughout the street system until another system can be established or ties into a collector or arterial system.

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

(B)     Alleys are to be discouraged in residential districts.

(C)     When provided, the width of an alley shall be not less than twenty (20) feet.

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

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

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

(1)          Providing adequate building sites, suitable for the special needs of the type of use contemplated.

(2)          Zoning requirements as to lot sizes and dimensions.

(3)          The need for convenient access, circulation, control and safety of street traffic.

(4)          The limitations and opportunities of topography.

(B)     A block shall not exceed one thousand three hundred (1,300) feet in length, unless such block is adjacent to a limited access highway or arterial street or unless the previous adjacent layout or topographical conditions justify a variation of this requirement.

(C)     All blocks shall be so designed so as to provide two (2) tiers of lots, unless a different arrangement is required in order to comply with Sections 124 (D) and/or 7-201(S), or is permitted by Section 7-204(G).

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

(E)     In blocks of eight hundred (800) feet or more in length, one or more public cross• walks for pedestrian travel may be required to provide access to public or private facilities such as schools or parks.

(1)          Such crosswalk shall have a right-of-way not less than ten (10) feet in width, and extend entirely across such block at approximately the midpoint of the length of such block.

(2)          A sidewalk shall be placed along the length of such right-of-way, and constructed in accordance with the requirements for sidewalk improvements.

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

(B)     Lot dimensions shall conform to the requirements of the zoning regulations unless established in accordance with this Subsection (B).

(1)          In those areas where municipal water and sanitary sewer facilities are not yet available, the lots shall be so designed and arranged that they may be readily converted to urban-type building sites without replatting. When such a condition exists, land should be subdivided into lots which may be combined to create a building site with an area of not less than that required for individual sewage treatment systems.

(a)          Usually, such lots should have a frontage of not less than seventy- five (75) feet and an area of not less than twelve thousand five hundred (12,500) square feet. In no instance shall the minimum lot width be less than sixty (60) feet.

(b)          The creation of such a building site through use of multiple groups of lots shall be contingent upon recording restrictive covenants, which legal counsel for the Planning Department deems satisfactory, providing that until such time as municipal water and sewer service are available, no more than one (1) dwelling unit shall be built on an aggregate group of lots having an area of twenty-five thousand (25,000) square feet or less.

(C)     The maximum depth of each residential lot shall not exceed two and one-half (2) times the width thereof. For all other lots, the depth shall not exceed three (3) times the width.

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

(1)          60 feet when the lot contains an area of at least 6,000 square feet, but less than 8,750 square feet.

(2)          75 feet when the lot contains an area of at least 8,750 square feet, but less than 15,000 square feet.

(3)          90 feet when the lot contains an area of at least 15,000 square feet, but less than 20,000 square feet.

(4)          100 feet when the lot contains an area of at least 20,000 square feet, but less than 30,000 square feet.

(5)          125 feet when the lot contains an area of at least 30,000 square feet, but less than one acre.

(6)          150 feet when the lot contains an area of one acre or more.

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

(F)     The area of the street right-of-way shall not be included and calculated in the area of the lot with respect to minimum lot area requirements of these regulations or of any zoning ordinance applicable to the property. Lots shall be required to have more than the minimum area dimensions provided for in this section where such greater area or dimensions are required to meet the yard requirements of the zoning ordinance.

(G)     There shall be no double frontage lots for individual dwellings (e.g., single and two• family units), except where the lots abut upon a limited access highway or arterial street or where the topography of the land prevents reasonable subdivision in small units. Double frontage lots shall not have vehicular access between such lots and an abutting limited access highway or arterial street.

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

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

(J)      Reversed frontage lots shall be avoided except where such are essential to provide a separation of residential development from limited access highways and arterial streets or to overcome specific disadvantages of topography and orientation.

(K)     Lots on arterial street intersections and all acute angle intersections which, in the opinion of the Planning Commission, are likely to be dangerous to traffic movement shall have a radius of not less than 20 feet at the intersection of street rights-of-ways. On business, commercial and industrial lots, a chord may be substituted for a circular arc.

(A)     UTILITY EASEMENTS. Utility easements shall be provided where necessary, shall be centered on rear or side lot lines, and shall be at least twenty (20) feet wide along rear lot lines and ten (10) feet wide alongside lot lines, except that easements for street lighting purposes shall not in any event be required to exceed ten (10) feet.

(1)          Side lot easements, when needed for other than street lighting purposes, may exceed ten (10) feet.

(B)     DRAINAGE EASEMENTS. If a subdivision is traversed by a water course, drainage way, channel or street, a storm water easement or drainage right-of-way shall be provided.

(1)          Such easement or right-of-way shall conform substantially to the lines of such water course and shall be of such width and construction as may be necessary to provide adequate storm water drainage and for access for maintenance thereof. Parallel streets or parkways may be required in connection therewith.

(C)     On suburban plats a triangular drainage and utility easement may be required at the corners of intersecting street rights-of-way.

(1)          Where street rights-of-way intersect at 90 degrees, the limit of any such easement shall be defined by a line drawn between two points located on the right-of-way lines, each of which is twenty-five (25) feet back from the intersection of said right- of-way lines.

(D)     Drainage easements will be vegetated with adapted perennial grasses or otherwise stabilized to prevent soil erosion and sediment movement by wind or water. All such drainage easements shall adhere to the conservation standards adopted by the Sedgwick County Soil Conservation District.

(E)     VISION TRIANGLE EASEMENTS. Vision triangle easements may be required on any corner lot to provide an open and usable vision path for drivers of vehicles approaching the intersection.

(1)          The extent of vision triangle easements shall be based on the type of intersection (3-way, 4-way, protected, unprotected, etc.), the type of street (local, collector, arterial, commercial or industrial), topography, proposed street grades (if any), and the design speeds contemplated for such roadways.

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

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

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

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

For all condominium plats, the following shall apply:

(A)     The plat must be in 3-dimensions, relating vertical control to City or U.S.G.S. datum.

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

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

(D)     All unit or apartment property lines shall be the interior surfaces of the perimeter walls, floors, ceilings, windows, and doors thereof.

(E)     A condominium plat must contain all of the certifications and approvals required for any plat. A condominium plat shall also require approval by the official authorized to issue building and occupancy permits, indicating that the building plans have been approved by his or her office, and a certification by the architect that the plat is in agreement with the building plan.

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

(A)     STREETS. All roadways, alleys, curbs, gutters and street drainage facilities, in accordance with the standards set forth by these regulations and by the City Engineer.

(1)          Urban streets shall be constructed of concrete, asphalt, or asphaltic concrete.

(2)          No gravel or sanded roadways shall be constructed in an urban area or to serve an urban area.

(3)          The Planning Commission – Board of Zoning Appeals may require that suburban or rural roadways required by these regulations be built to the standards set forth for urban areas, or may allow such roads to be constructed with a gravel or sanded surface.

(4)          All other materials such as oiled surface, macadam or similar materials are hereby prohibited.

(5)          The cost of such streets may be assessed to properties benefitted or paid from other funds, as directed by a resolution of the Governing Body.

(B)     SIDEWALKS. Sidewalks, in accordance with the standards set by the City Engineer under the following conditions:

URBAN

(1)          On both sides of the street wherever urban streets are required except:

a.            Along streets with residential lots of two hundred (200) feet or more frontage or residential lots one (1) acre or larger in average size;

b.            Along streets adjacent to large non-pedestrian generating uses as determined by the Planning Commission (e.g., local streets along cemeteries);

c.            Local streets along sand pits;

d.            Streets along parks that are developed with walks and trails; and

e.            Where the lots have no direct access to the abutting street.

               All sidewalks shall run from curb to curb of the intersecting streets rather than to property lines. Sidewalks shall be constructed as close as possible to property lines rather than to curb lines.

SUBURBAN

(2)          Although not normally required, the City Engineer may require sidewalks when needed to service pedestrian traffic flow leading to schools, parks, or places of public assembly.

(3)          The cost of such sidewalks may be assessed to properties benefitted or paid from other funds, as directed by a resolution of the Governing Body.

(C)     SANITARY SEWER.*

(1)          Laterals, constructed in accordance with the standards of the City Engineer. The cost of such lateral lines shall be assessed one hundred percent (100%) against the property benefitted.

(a)          On a temporary basis, where permanent facilities are in the planning or construction stage, temporary facilities may be used, provided that the subdivider fully complies with Section 217 (B)(1), including subsections (a) and (b).

(2)          Mains and submains, installed in accordance with the standards set forth in a resolution of the Governing Body and by the City Engineer.

(a)          The cost of such installation may be assessed to properties benefitted or paid from other funds, as directed by a resolution of the Governing Body.

*All sanitary sewer and sewerage treatment systems are subject to regulation by the Kansas State Board of Health.

(D)     WATER SUPPLY SYSTEMS. A public water supply system or its equivalent in accordance with the standards set forth in a resolution of the Governing Body and by the City Engineer, in all areas where lateral sanitary sewers are required and in all urban subdivisions.

(1)          The cost of such installation may be assessed to properties benefitted or paid from other funds, as directed by a resolution of the Governing Body.

(2)          In all other areas, a water supply approved by the Wichita-Sedgwick County Department of Health shall be provided.

(3)          In those areas where a public water supply system exists, all mains shall be of such size as directed by the Governing Body, but in all cases shall be of sufficient size to support the use of fire hydrants as required in Section 131.1 (E).

(E)     FIRE HYDRANTS. Fire hydrants, in accordance with the standards of the City Engineer, shall be provided wherever a public water supply system is required.

(F)     STORM SEWERS. A storm sewer system, separate and independent of the sanitary sewer system, meeting all of the standards set forth in a resolution of the Governing Body and by the City Engineer.

(1)          Where available, such storm sewer shall be connected to an existing storm sewer system of the City of Goddard or to the nearest major water channel. If such connection is not available, the subdivider shall provide another adequate means for the discharge of such storm sewer system.

(2)          The cost of such installation may be assessed to properties benefitted or paid from other funds, as directed by a resolution of the Governing Body.

(G)     EMERGENCY WARNING SYSTEM. If existing civil defense or emergency  warning systems do not cover the entire proposed subdivision to the then applicable standards of Sedgwick County Emergency Management or  its  successor  agency,  and the manufacturer of such existing warning systems, the subdivider shall install such sirens or other warning devices as may be necessary to provide coverage to such standards for the entire proposed subdivision.

(H)     STREET SIGNS. Street signs, of such location, type, and size as shall be approved by the City Engineer, giving due regard to the prevailing type, size, and pattern of location utilized throughout the area.

(I)      UNDERGROUND WIRING. Underground wiring, in all subdivisions including both electric power and telephone service, except:

(1)          For lines rated over twelve thousand (12,000) volts.

(2)          Appurtenances serving such lines, which may be mounted on the ground, such as transformers, transformer pads, and telephone service pedestals.

(3)          Those proposed subdivisions or replats of existing subdivisions located in developed areas, which presently have an overhead type of distribution system.

(4)          Street light circuits on collector or arterial streets.

All such construction and installation shall be under contract with the utility. Construction or installation shall occur after sanitary sewer lines, if any, are in place. CATV, if installed, shall be placed underground in accordance with the above requirements.

Nothing in this section shall be construed to require underground installation of lines beyond the boundaries of the area contained in the preliminary plat.

(J)      MONUMENTS AND BENCHMARKS. Monuments, placed  at all block corners,  angle points, points of curve in streets, and at such intermediate points as shall be required by the City Engineer.

(1)          Monuments and benchmarks shall be of such material, diameter and length as required by the City Engineer.

(2)          All monuments shall be securely placed and set in such a manner that the top of the monument shall be at least twelve (12) inches below grade or ground level.

(3)          The City Engineer may add additional specifications as determined necessary.

(K)     RELOCATION OF EXISTING FACILITIES.   Whenever existing sanitary or storm water sewers, water lines, drainage channels, culverts, underground or overhead electric and communication lines, gas lines, or other pipe lines or transmission lines must be relocated due to the subdivision or construction of improvements required as a condition of approval of the subdivision, the cost of such relocation shall be the sole responsibility of the subdivider.

(L)     SOIL CONSERVATION. Where required, applicable measures shall be taken during construction to minimize soil erosion and sedimentation by wind or water. All such measures shall adhere to the conservation standards adopted by the Sedgwick County Soil Conservation District.

(M)    OTHER IMPROVEMENTS. Where special circumstances exist, or when contemporary standards for the development of subdivisions have changed from those in place at the time of the adoption of these regulations, the City Engineer, the Planning Commission, and/or the Governing Body may require improvements beyond those specified in this section.

A.      Standards and practices for cost oversizing shall be referenced in the city code Chapter 1, Article 907

B.      Where the proposed subdivision is a re-subdivision or concerns an area presently having any or all required improvements set out in Section 131, and where such improvements meet the requirements of said section and are in good condition, as determined by the City Engineer, no further provision need be made by the subdividers to duplicate such improvements.

1.           Where such existing improvements do not meet the requirements of section 131, the subdivider shall provide for the repair, correction, or replacement of such improvements so that all improvements meet the requirements of Section 131.

2.           Where the proposed subdivision is a re-subdivision or concerns an area presently abutting or containing any existing public street of less than the minimum required right-of-way width or roadway width, land shall be dedicated to provide the minimum street right-of-way width established by these regulations and/or City of Goddard Planning Commission policy, and the subdivider of such proposed subdivision shall provide an additional roadway pavement meeting the minimum standards set by these regulations and the City Engineer.

3.           The City Engineer shall determine what adjustment to make where the aforesaid widened streets merge with existing streets which are of smaller width at the boundary of such proposed subdivision.

(i)           The City Engineer may reduce the minimum roadway required by these regulations to match an existing roadway system if the extension of such roadway is already improved at each end of the roadway in the subdivision and the roadway in the subdivision to be reduced is two (2) blocks or less in length.

(ii)          The City Engineer may also require lanes to be painted on such widened streets designating driving and parking areas.

(iii)         The foregoing provisions requiring the widening of pavement may be waived by the Planning Commission when the length of such pavement is less than one hundred thirty-five (135) feet.

Except for monuments and underground wiring, one of the following methods shall be used by the subdivider to guarantee that improvements required by these regulations will be installed in accordance with approved plans and specifications.

The city shall abide by Chapter 1, article 906 of the city code as it relates to fiscal sureties and their release.

Monuments and bench marks shall be installed by the subdivider before the subdivision plat is released for recording with the Register of Deeds.

The subdivider shall, prior to the release of the subdivision plat, submit a letter from the utility or utilities involved stating that satisfactory arrangements have been made by the subdivider, guaranteeing the installation of underground wiring.

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

A.      SUBMISSION OF PETITIONS. If petitions are to be submitted to meet the requirements of Article 8, the subdivider shall so indicate at the time of submission of the preliminary plat. If the petition method is authorized by the Planning Commission, petitions shall accompany the final plat and shall be acceptable for submission to the Governing Body only with the affirmative recommendation of the City Engineer.

B.      FINAL IMPROVEMENT PLANS. When petitions have not been authorized for submission, upon the approval of the preliminary plat, the subdivider shall have a licensed professional engineer prepare engineering drawings for proposed required improvements, containing the data and information specified in Section 9-103, of these regulations.

1.           Such drawings shall be certified by a licensed professional engineer, and shall be submitted in duplicate to the City Engineer at least thirty (30) days prior to the date that approval of the final plat is requested.

2.           Failure to submit said drawings at least thirty (30) days prior to the date that approval of the final plat is requested, will be considered automatic consent to an extension of or a waiver by the subdivider of anytime limitation for plat approval.

C.      CONTENT OF ENGINEERING DRAWINGS. Engineering drawings for required improvements shall contain the following data and information:

1.           Plans, details, specifications and cost estimates for roadway and sidewalk construction, including a profile indicating existing topography and elevation, curb and sidewalk elevation, intersection control elevation and paving geometries for each street with a typical cross section of the roadway.

2.           The profiles of grade lines shall be shown to a scale of one (1) inch equals twenty (20) feet horizontal, and one (1) inch equals five (5) feet vertical, unless  a  different  scale  is  approved   by  the City Engineer.           All such information shall be shown on standard plan and profile sheets unless otherwise required by the City Engineer.

3.           Plans, profiles, details, specifications and cost estimates of proposed storm drainage improvements.

4.           Plans, profiles, details, specifications and cost estimates of proposed water distribution systems and proposed water supply facilities and water hydrants.

5.           Plans, profiles, details, specifications and cost estimates of sewage systems and of sewage treatment plants.

6.           Grading plans for all lots and other sites in the subdivision.

7.           When unusual site conditions exist, the Planning Commission- Board of Zoning Appeals may require such additional plans, specifications, and drawings as may be necessary for an adequate review of the improvements to be installed.

8.           All plans shall be based on City datum or MSL (Mean Sea Level) as published by the U.S.G.S. for vertical control.

9.           All plans for underground wiring shall be prepared by or at the direction of the utility involved.

D.      REVIEW OF PLANS. The City Engineer shall review all engineering drawings to determine whether such drawings are consistent with the approved preliminary plat and comply with the appropriate design standards.

1.           If such drawings are consistent and so comply, the City Engineer shall forward to the Planning Commission, a notice that they so conform and comply.

2.           If the drawings do not so conform or comply, the City Engineer shall notify the subdivider of the specific manner in which such drawings do not so conform or comply, and he or she may then correct such drawings.

3.           If such drawings are not corrected, the City Engineer shall forward to the Planning Commission a notice as to the items of nonconformity or noncompliance.

E.       APPROVAL BY PLANNING COMMISSION. The Planning Commission – Board of Zoning Appeals shall approve a final plat only when the City Engineer verifies that the plans and engineering drawings have been approved and, if authorized, that the appropriate petitions have been filed with the Planning Commission.

F.       CONSTRUCTION OF IMPROVEMENTS. No improvements shall be constructed, nor shall any work preliminary thereto be done, until such time as a final plat and the engineering drawings accompanying it have been approved and the subdivider has complied with all of the requirements relating to the agreement, bond and deposit specified in Section 133 of these regulations.

G.      INSPECTION. All improvements constructed or erected shall be subject to inspection by the City Engineer, or his or her designee.

1.           The cost attributable to all inspections required by this regulation shall be charged to and paid by the subdivider.

2.           Before any required inspections take place, the subdivider may be required to post a deposit with the City Engineer or the City Clerk, to cover the cost of such inspections.

3.           The subdivider shall give at least forty-eight (48) hours written notification to the City Engineer prior to the performance of any of the following work:

a.            All phases of roadway and sidewalk construction.

b.            All phases of construction including, but not limited to water lines, sanitary sewer lines, storm sewer, underground wiring and other required improvements.

H.      INSPECTION PROCEDURES. After notice is received as specified in Section 137.7 (C), the City Engineer, or his or her designee, may conduct an on-site inspection to determine that the work complies with the approved engineering plans and specifications.

1.           If in the opinion of City Engineer, such work does not comply with such final drawings, he or she shall have authority to order that all such work be terminated until such time as necessary steps are taken to correct any defects or deficiencies.

2.           Upon the correction of such defects or deficiencies, the subdivider shall again notify the City Engineer as provided in Section 137.7.

I.        FINAL INSPECTION. Upon completion of all improvements within the area covered by the final plat, the subdivider shall notify the City Engineer, who shall thereupon conduct a final inspection of all improvements installed.

1.           If such final inspection indicates that there are any defects or deficiencies in such improvements as installed, or if there are any deviations in such improvements as installed from the final engineering plans and specifications, he or she shall notify the subdivider in writing of such defects, deficiencies or deviations, and the subdivider shall, at his or her sole cost and expense, correct such defects or deviations within six (6) months of the date of notification.

(a)          When such defects, deficiencies or deviations have been corrected, the subdivider shall notify the City Engineer that the improvements are again ready for final inspection.

2.           After the final inspection is made and before acceptance of the improvement by the Governing Body, the subdivider shall execute and file an affidavit with the City Engineer, certifying that all obligations incurred in the construction of the improvement involved have been properly paid and settled.

J.       REPORT TO PLANNING COMMISSION AND GOVERNING BODY. If a final inspection indicates that no defects, deficiencies, or deviations exist in the improvements as installed, the City Engineer shall, within ten (10) days of the submission of the subdivider's certificate of liens as required by Section 137.9 (B), certify to the Planning Commission and the Governing Body that all improvements have been installed in conformity with the engineering plans and specifications accompanying the final plat.

1.           The receipt of such notification by the Governing Body shall constitute the date on which the eighteen (18) month period specified in Section 133 (A)(5) of these regulations shall, commence.

K.      ACCEPTANCE OF IMPROVEMENTS. Upon the receipt by the Governing Body of the certificate of the City Engineer that all improvements have been installed in accordance with the engineering drawings, as approved, and in conformity with the requirements of this regulation and all other applicable statutes, ordinances and regulations, the Governing Body shall thereupon by resolution accept such improvements.

1.           The improvements shall become the property of the Governing Body.

PART 1. APPEALS

A.      APPEALS GENERAL. Unless otherwise provided for in these regulations the subdivider of a proposed subdivision may appeal to the Governing Body, decisions the Planning Commission makes in the enforcement of these regulations. Any such appeal shall be by a hearing de novo.

1.           In the event the Governing Body sustains the Planning Commission, the action of the Planning Commission shall be final, except as otherwise provided by law.

2.           If the Governing Body overrules the Planning Commission, the reasons therefor shall be reflected in writing or in the minutes of the meeting.

B.      APPEALS ON IMPROVEMENT STANDARDS. Any appeal as to standards, plans or engineering drawings in connection with required improvements shall be directed to the Governing Body, whose action shall be final.

C.      WAIVER OF REQUIRED IMPROVEMENTS OR GUARANTEES OF INSTALLATION OF SAME. Any waiver of a required improvement may only be made by the Governing Body, and then only on a showing that such improvement is not technically feasible.

D.      VARIANCES. When there is unwarranted hardship in carrying out the literal provisions of these regulations, as to design criteria, e.g., lot width, lot depth, block length, etc., the Planning Commission may grant a variance from such provision under the following conditions.

1.           An application for a variance shall be made to the Planning Commission. The Planning Commission shall give the applicant and any other interested person an opportunity to be heard with respect to the proposed application for a variance.

2.           The Planning Commission shall not grant a variance unless it finds that the strict application of these regulations would create an unwarranted hardship and unless the proposed variance is in harmony with the intended purpose of these regulations and protects the public safety and welfare.

3.           Unless approved as provided in Section 138.3, no variance shall be granted under this section from the required improvements described in Section 131 or the standards and specifications thereof, or as to the provisions of the zoning ordinances, except those setting forth minimum lot width and/or area requirements.

4.           Consideration of an application for a variance pursuant to this Section does not relieve the applicant of the necessity of complying with the applicable provisions of any other regulations (including zoning regulations) of the City or County relating to variances.

5.           When used in this section, the term "unwarranted hardship" shall mean the complete deprivation of use as distinguished from a mere inconvenience.

E.       VARIANCE- PLANNED UNIT DEVELOPMENT. When a plat or subdivision is prepared in connection with a planned unit development authorized by any legally adopted zoning regulation regulating the same area, the Planning Commission may vary the design standards contained in this regulation to such extent as may be necessary to permit the preparation of a planned development plan which complies with the standards, conditions and restrictions of such zoning regulation.

PART 2. VIOLATIONS AND PENALTY.

F.       VIOLATIONS AND PENALTY. Any violation of this code shall be considered a separate violation for each day on which it exists and shall be punishable by a fine of not to exceed one hundred dollars ($100) per each day of violation. The City may also seek injunctive relief to prevent further violations or to force correction of any existing violations hereunder.

A.      INTERPRETATION AND CONSTRUCTION.

1.           Where the conditions imposed by the provisions of these regulations are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the more restrictive provision, standard or requirement shall govern.

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

3.           A subdivision of land which was not lawfully existing at the time of the adoption of these regulations shall not become or be made lawful as a result of the adoption of these regulations.

4.           The provisions of these regulations are cumulative and in addition to all other laws and ordinances heretofore passed, or which may be passed hereafter, governing any subject matter covered by these regulations.

B.      DEFINITIONS. In the construction of these regulations, the following words and phrases shall have the meaning assigned by this section, unless the context clearly requires otherwise

(1)          "Alley" means a strip of land along the side of or in the rear of lots intended to provide a secondary means of access to and from streets and such lots.

(2)          "Arterial Street" means any street serving major traffic movements, which is designed primarily as a traffic carrier between cities or between various sections of the city, which forms part of a network of through streets, and which provides service access to abutting properties only as a secondary function.

(3)          "Block" means a tract of land bounded by streets, or by a combination of streets, railway rights-of-way or waterways.

(4)          "Building Setback Line (Front)" means a line across the front a lot or parcel of land establishing the minimum open space to be provided between the front line of a building or structure and the fronting street right-of-way.

(5)          "Collector Street" means any street designed primarily to gather traffic from local or residential streets and carry it to the arterial system.

(6)          "Commission" means the Goddard Planning Commission.

(7)          "Comprehensive Development Plan" means any official map or street plan, the future land use map or plan, or any other plan or map of Goddard or of the Wichita• Sedgwick County Metropolitan Area Planning Commission, for the guidance of municipal growth and improvement of Goddard, the Metropolitan Area, or of Sedgwick County.

(8)          "Crosswalk” means a strip of land dedicated for public use, which is reserved across a block for the purpose of providing pedestrian access to adjacent areas.

(9)          "Cul-de-sac" means a street having only one (1) outlet and being permanently terminated by a vehicle turnaround at the other end.

(10)        "Dead-end Street" means a street having only one (1) outlet.

(11)        "Design Standards" or "Design Requirements" means all requirements and regulations relating to design and layout of subdivisions contained in Section 123 of these regulations.

(12)        "Engineer." When used in connection with designing or surveying the plat or subdivision, means a professional engineer or a surveyor, licensed by the State of Kansas or licensed to practice in the State of Kansas. When used in connection with designing or engineering any improvements either on site or off site, means a professional engineer, licensed by the State of Kansas or licensed to practice in the State of Kansas.

(13)        "Expressway" means any divided street or highway with no access from abutting property, which has either separated or at-grade access from other public streets and highways.

(14)        "Freeway" means any divided street or highway with complete access control and grade separated interchanges with all other public streets and highways.

(15)        "Frontage" means the property on one (1) side of a street between two (2) intersecting streets, measured along the line of the street, or on a dead-end street, all property abutting one (1) side of such street, measured from the nearest intersecting street and the end of the dead-end street.

(16)        "Frontage Lot" means that portion of the frontage which lies between the side lot lines of a single lot.

(17)        "Frontage Road" means a public or private marginal access roadway generally paralleling and contiguous to a street or highway and designed to promote safety by eliminating unlimited ingress and egress to such street or highway, by providing points of ingress and egress at more-or-less uniformly-spaced intervals.

(18)        "Governing Body" means the elected Governing Body of Goddard, Kansas.

(19)        "Half-street" means a street bordering one (1) or more property lines of a sub• division tract, to which the subdivider has allocated only a portion of the ultimate and intended street width.

(20)        "Improvements" means all facilities constructed or erected by a subdivider within a subdivision to permit and facilitate the use of lots or blocks for a principal residential, business or manufacturing purpose. Improvements shall include all facilities listed in Article 7 of these regulations.

(21)        "Limited Access Highway" means an expressway or freeway, as defined in these regulations.

(22)        "Local Street" means any street designed primarily to provide access to abutting property.

(23)        "Lot" means a portion or basic parcel  of a subdivision or other tract of land, intended  to be  the  parcel  by  which  such  land  is  individually   developed and transferred.

(24)        "Lot, Double Frontage" means a lot, two (2) opposite lot lines of which abut streets which are more or less parallel.

(25)        "Lot Depth" means the distance between the midpoint of the front lot line and the midpoint of the rear lot line.

(26)        "Lot Line" means the boundary line of a lot.

(27)        "Lot Split" means the dividing or re-dividing of a lot or lots in a recorded plat of a subdivision, into not more than two (2) tracts each of which meet the criteria established within these regulations.

(28)        "Lot Width" means the distance on a horizontal plane between the side lot lines, measured at a right angle to the line establishing the lot depth. The lot width shall be measured at the front building setback line.

(29)        "Marginal Access Street" means a local street which is parallel with and adjacent to a limited access highway or arterial street, and which provides access to abutting properties and protection from through traffic on the limited access highway or arterial street.

(30)        "Owner" means any natural person, firm, partnership, limited partnership, corporation, L.L.C. or other legal entity which holds any right, title or interest in land sought to be subdivided under these regulations.

(31)        "Plat" means the formal document which represents, by drawing and writing, a subdivision.

(32)        "Resubdivision" means the subdivision of a tract of land which was previously lawfully subdivided, where a plat of such prior subdivision was duly recorded.

(33)        "Road" or "Roadway" means the paved or improved area existing on the street right-of- way, exclusive of sidewalks, driveways or related uses.

(34)        "Screening" means decorative fencing or evergreen vegetation maintained for the purpose of concealing from view the area behind such fencing or evergreen vegetation. When fencing is used for screening, it shall be not less than six (6) nor more than eight (8) feet in height.

(35)        "Street" means the entire street right-of-way or easement, whether public or private, and is not limited to the area of the paving or other improvements on the street right• of- way. Street includes, but is not limited to, that which is named or commonly referred to as a street, avenue, road, lane, boulevard or way.

(36)        "Street Width" means the shortest distance between the property lines abutting each side of a street right-of-way.

(37)        "Subdivider" means the owner, or any other person, firm, partnership, limited partnership, corporation, L.L.C. or other legal entity, who with the owner's authority, undertakes proceedings under the provisions of these regulations to subdivide land.

(38)        "Subdivision" means any division or redivision of land, whether by mapping, platting, conveying, changing or rearranging of boundaries, or other means. It shall further refer to the process of subdividing or to subdivided land, where appropriate to the context.

(39)        "Turn-around" means an area at the closed end of a dead-end street or cul-de-sac within which vehicles may reverse their direction without backing up.

(40)        "Vision Triangle" means a triangular area at the intersection of streets maintained in such a manner as to provide a safe and open line of vision for drivers of vehicles approaching the intersection.

(a)          Within the vision triangle, no one shall install, set out or maintain or to allow the installation, setting out or maintenance of any sign, fence, hedge, shrubbery, natural growth or other obstruction to view. However, such restriction shall not apply to:

(i)           Public utility poles;

(ii)          Hedges, trimmed to a height of less than thirty-three inches above gutter grade for urban roadways, or above the midpoint of the adjacent travel lane for rural roadways;

(iii)         Trees, which are at all times kept trimmed of limbs and sucker growth, to a height of at least eight (8) feet above the ground level. If any limbs overhang the public street, limbs and sucker growth shall, at all times, be trimmed to a height of at least thirteen (13) feet six (6) inches above the street level;

(iv)         Plant species not planted in the form of a hedge which are so planted and trimmed as to, at all times, leave a clear and unobstructed cross view;

(v)          Ornamental fences not exceeding four (4) feet in height, provided that the ratio of the solid portion of the fence to the open shall not exceed one (1) to four (4);

(vi)         Official warning signs or signals;

(vii)        Places where the contour of the ground is such that there can be no cross visibility at the intersection; or

(viii)       Signs mounted ten (10) feet or more above the ground whose supports do not constitute an obstruction.