90-9386 Subdivision RegulationsKinn -Cox Printing — S,I,,,, Kansas
(Published in The Salina Journal June Z$, 1990)
ORDINANCE NUMBER 90-9386
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTIONS
36-3, 36-28, 36-36, 36-71, 36-91, 36-92 OF THE SALINA CODE REGARDING
LAND SURVEYING PRACTICES OF THE SUBDIVISION REGULATIONS OF THE
CITY OF SALINA, KANSAS; AND REPEALING THE EXISTING SECTIONS.
Kansas:
BE IT ORDAINED by the Governing Body of the City of Salina,
Section 1. That Section 36-3 of the Salina Code is hereby amended to
read as follows:
"Section 36-3. Authority.
(a) By authority of resolution by the board of
commissioners, adopted pursuant to the powers and
jurisdiction vested through K.S.A. 12-705 and 12 -705a -c and
other applicable laws, statutes, ordinances and regulations of
the state and amendments thereto, the city does hereby
exercise the power and authority to review, approve and
disapprove plats for subdivision of land within the corporate
limits of the municipality. In addition, the city shall
exercise the power and authority to review, approve and
disapprove plats in unincorporated territory lying outside of
but within three (3) miles of the city limits in accordance
with any interlocal agreements entered into with the county
pursuant to K.S.A. 12-2904.
(b) No land governed by this chapter shall be
subdivided until the subdivider or his agent shall submit and
obtain approval of the preliminary and final plats by the
planning commission and until the approved plat is filed with
the county register of deeds. No building permit or
certificate of occupancy shall be issued for any parcel or
plat of land within the city which was created by subdivision
regulations and no excavation of land or construction of any
public or private improvements shall take place or be
commenced except in conformity with the regulations."
Section 2. That Section 36-28 of the Salina Code is hereby amended to
read as follows:
"Section 36-28. Submission schedule.
The order in which City and County Commissions
shall be approached and the action required on the part of
each Commission to allow the plat to be referred to the next
authority is contained in the Interlocal Agreement between
Saline County and the City of Salina for cooperation and
coordination in the approval of subdivision plats within three
(3) miles of the Salina city limits, dated February 2, 1988,
and herein incorporated by reference."
Section 3. That Section 36-36 of the Salina Code is hereby amended to
read as follows:
"Section 36-36. Application procedure and requirements.
The applicant shall file an application for approval
of a preliminary plat. The application shall:
(1) Be made on forms available at the office of the
secretary together with a fee pursuant to the city
fee schedule, which may be changed from time to
time;
Kinn -Cox Printing — S.1—. Kansas
(2) Include all land which the applicant proposes to
subdivide and all land adjacent to or opposite the
street frontage from applicant's land;
(3) Be accompanied by a minimum of ten (10) blueline
or blackline copies of the preliminary plat as
described in this chapter;
(4) Be presented to the secretary or authorized
designee in accordance with the current schedule
of subdivision processing, available from the
secretary;
(5) Include a list of all property owners adjacent to
the proposed subdivision as provided in section
36-39. This list shall be obtained from records
kept at the county clerk's office or from a licensed
and bonded abstract company."
Section 4. That Section 36-71 of the Salina Code is hereby amended to
read as follows:
"Section 36-71. General.
(a) Conformance to applicable rules and regulations.
In addition to the requirements established herein, all
subdivision plats shall comply with all applicable ordinances
of the city and all city policy documents, including all
streets, drainage systems and parks shown on the land use
plan or other officially adopted plan; any rules of the health
department and/or the state department of health; the rules
of the state department of transportation if the subdivision
or any lot contained therein abuts a state highway or
connecting street; the standards and regulations adopted by
the city engineer, and all boards, commissions, agencies and
officials of the city; and all pertinent standards contained
within the planning guides published by the applicable
regional or metropolitan planning commission. Plat approval
may be withheld if a subdivision is not in conformity with
the above guides or the policy and purposes of this chapter,
established in Section 36-4.
(b) Restrictive covenants. I f the owner places
restrictions on any of the land contained in the subdivision
greater than those required by the zoning ordinance or this
chapter, such restrictions or reference thereto may be
required to be indicated on the final subdivision plat, or the
planning commission may require that restrictive covenants
be recorded with the county register of deeds in form to be
approved by the city attorney.
(c) Plats straddling municipal boundaries. Whenever
access to the subdivision is required across and in another
local governmental, jurisdiction, the planning commission may
request assurance from the city attorney that access is
legally established, from the city engineer that the access
road is adequately improved, or that a performance bond has
been duly executed and is sufficient in amount to assure the
construction of the access road. Lot lines shall be laid out
so as not to cross municipal boundary lines.
(d) Monuments. The applicant shall place permanent
reference monuments in the subdivision as required herein
and as approved by a registered land surveyor. Monuments
shall be located on street right-of-way lines, at street
intersections, angle points of curve and block corners.
Kuhn -Co. Priming — SIIIII. Kansas
(1) The external boundaries of a subdivision shall
be monumented in the field by monuments of
concrete, not less than twenty-four (24)
inches in depth, not less than four (4) inches
square or five (5) inches in diameter and
marked on top with a one-half (1/2) inch by
twenty-four (24) inches iron rod securely
imbedded. These monuments shall have
affixed thereto a metal or plastic cap bearing
the name and/or registration number of the
responsible land surveyor legibly stamped or
imprinted thereon. These monuments shall be
placed at all corners, at each end of all
curves, at all angle points in any line, and at
all angle points along the meander line, such
points to be not less than twenty (20) feet
back from the bank of any river or stream,
except that when such corners or points fall
within a street, or proposed future street,
the monuments shall be placed on the
right-of-way line of the street. The location
of these monuments shall also be marked on
the ground by the use of wooden stakes.
(2) All block corners including the PC and PT of
curved block lines, shall be marked with iron
monuments no smaller than one-half (1/2) inch
in diameter and two (2) feet in length driven
into the ground flush with the existing
ground surface. The location of such
monuments shall be shown on the final plat
and marked on the ground by use of wooden
stakes. Sufficient information shall be shown
on the plat to allow an experienced surveyor
to locate or relocate all points and lines
shown on the plat, including all pertinent
curve data. The error of closure of the
boundaries of any enclosed area within the
plat shall not exceed one (1) foot in three
thousand (3,000) feet.
(3) All monuments shall be properly set in the
ground and approved by a registered land
surveyor or a performance bond, based upon
the city engineer's estimate, shall have been
issued for monument placement prior to City
Planning Commission approval of the final
plat.
(e) Character of the land. Land which the planning
commission finds to be unsuitable for subdivision or
development due to flooding, improper drainage, steep
slopes, rock formation, adverse earth formations or
topography, utility easements or other features which will
reasonably be harmful to the safety, health and general
welfare of inhabitants of the land and surrounding areas,
shall not be subdivided or developed, unless adequate
methods are formulated by the developer and approved by
the planning commission, upon recommendation of the city
engineer, to solve the problems created by the unsuitable
land conditions.
(f) Subdivision name. The proposed name of the
subdivision shall not duplicate or closely approximate
phonetically, the name of any other subdivision in the area
covered by this chapter. The planning commission shall
have final authority to designate the name of the
subdivision."
Kinn -Cox P-1- —
Kansas
Section 5. That Section 36-91 of the Salina Code is hereby amended to
read as follows:
"Section 36-91. Preliminary plat.
The preliminary plat shall be prepared by a
registered land surveyor, licensed engineer or registered
architect drawn to a scale of not more than one hundred
(100) feet to an inch on a sheet with dimensions of
twenty-four (24) by thirty-six (36) inches. Sheets shall be
numbered in sequence if more than one (1) sheet is used.
The plat shall contain the following:
(1) Name:
a. Name of subdivision if property is within an
existing subdivision;
b. Proposed name if property is not within a
previously platted subdivision. This name shall
not be so similar to any existing subdivision name
in or near the city as to cause confusion.
(2) Ownership:
a. Name, address and telephone number of legal
owner or agent of property and citation of last
instrument conveying title to each parcel or
property involved in the proposed subdivision,
giving grantor, grantee, date and land records
reference;
b. Citation of any existing legal rights-of-way or
easements affecting the property;
C. Existing covenants on the property, if any;
d. Name, address and telephone number of the
professional person responsible for surveys,
subdivision design, and for the design of public
improvements.
(3) Description. Location of property by government lot,
section, township, range and county, north arrow, graphic
scale, written scale and date of preparation.
(4) Features:
a. Location of property lines and names of all
adjoining property owners from the latest
assessment rolls as stated in section 36-39. The
location of existing easements, burial grounds,
railroad rights-of-way, watercourses, wooded areas
and individual trees as defined in this chapter;
b. Location, width and names of all existing or
platted streets or other public ways within or
immediately adjacent to the tract and the location
and width of proposed streets;
C. Location and sizes of existing sewers, water mains,
culverts, wells, septic tanks, and other
underground structures within the tract and
immediately adjacent thereto; existing permanent
buildings and utility poles on or immediately
adjacent to the site and utility rights-of-way;
d. If other than public systems are proposed,
preliminary proposals for alternative means of
providing water supply and sanitary waste
treatment and disposal; preliminary provisions for
collecting and discharging surface water drainage;
Kuhn -Cox Priming — Salina, Kansas
e. A vicinity map showing streets and other general
development of the surrounding area;
f. Whenever the plat covers only a part of an
applicant's contiguous holdings, the applicant shall
submit, at a scale of no more than two hundred
(200) feet to the inch, a sketch of the proposed
subdivision area, together with its proposed street
system and an indication of the probable future
street and drainage system of the remaining
portion of the tract;
g. The location, bearings and dimensions
of all
boundary lines of the property to be expressed to
the nearest foot, this boundary survey
shall be
prepared by a registered land surveyor;
h. The location of pertinent features such as
swamps,
parks, bridges, railroads, as determined
by the
planning commission; ground elevation at
vertical
intervals not exceeding five (5) feet in
areas of
fifteen (15) percent grade or more and
two (2 )
feet in all other areas of lesser grade;
1. The locations and dimensions of all proposed or
existing lots expressed to the nearest foot;
j. The locations and dimensions of all property
proposed to be set aside for park and playground
use, or other public or private reservation, with
designation of the purpose thereof, and conditions,
if any, of the dedication or reservation."
k. The name and address of the owner or owners of
land to be subdivided, the name and address of
the subdivider if other than the owner, and the
name of the land surveyor, engineer or architect;
I. The date of the plat, approximate north point,
graphic and written scale and sufficient data
acceptable to the city engineer to determine readily
the location, bearing and length of all lines, and
to reproduce such lines on the ground; the
location of all proposed monuments;
M. Names of all new streets;
n. Front yard setback lines for all lots and portions
of lots as required by the zoning regulations;
o. Blocks shall be consecutively numbered. All lots
In each block shall be consecutively numbered;
p. A statement of the use of any lot a proposed by
the applicant;
q. Explanation of drainage easements, site easements
and reservations, if any;
r. The area of the plat and closure calculations of the
exterior boundary including the latitude and
departure of each course shall be submitted. The
area of the subdivision shall be computed by the
double meridian distance (D.M.D.) method. The
error of closure of the perimeter survey shall not
exceed one (1) foot for each five thousand (5,000)
feet of perimeter;
s. The lack of information under any specified item
herein, or improper information supplied by the
applicant, shall be cause for disapproval of a
preliminary plat."
KUM1n-Cox Printing — Saline, Kansas
Section 6. That Section 36-92 of the Salina Code is hereby amended to
read as follows:
"Section 36-92. Final plat.
(a) General. The final plat shall be submitted in the
form of an original drawing in waterproof ink on mylar or
other polyester drafting film drawn to a scale no smaller
than one (1) inch to one hundred (100) feet on a
twenty-four (24) by thirty-six (36) inch sheet. The final
subdivision plat shall be prepared by a registered land
surveyor. It is desirable that the drawing of the final plat
appear on a single sheet. When this is impossible, a small
scale key map shall appear on the first sheet showing the
entire are platted and the sheet on which each platted area
appears. All revision dates must be shown as well as the
following:
(1) Name of the subdivision;
(2) Location map showing the location of the
subdivision relative to adjacent subdivisions, tracts
and the city limits;
(3) A legal description prepared by a registered land
surveyor of the tract being subdivided;
(4) The perimeter boundary lines of the subdivision
showing all property corners, land lines,
distances, bearings and angles, and other
references used in the legal description of the
tract. The boundary of the platted areas should
be accurately indicated by a heavy solid line;
(5) All lot lines, right-of-way lines, streets, and
easements shall be shown with their dimensions to
the nearest one hundredth (.01) of a foot and in
actual respective location;
(6) Prior to the submittal of the final plat, all block
corners, including the PC and PT of curved block
lines, shall be marked by iron monuments no
smaller than one-half (1/2) inch in diameter and
two (2) feet in length, driven into the ground
flush with the existing ground surface. The
location of such monuments shall be shown on the
final plat and marked on the ground by use of
wooden stakes. Sufficient information shall be
shown on the plat to allow an experienced
surveyor to locate or relocate all points and lines
shown on the plat, including all pertinent curve
data. The error of closure of the boundaries of
any enclosed area within the plat shall not exceed
one (1) foot in three thousand (3,000) feet;
(7) Prior to the submittal of the final plat, all corners
in the boundary of the subdivision shall be
monumented with an iron bar, no smaller than
one-half (1/2) inch in diameter and two (2) feet in
length, set rigidly in concrete (K.S.A. 58-2001);
(8) Where any section or quarter -section corner is
involved, in the control establishing the location of
a subdivision boundary, said point shall be clearly
monumented and referenced before it is used in
the subdivision control;
Kuhn-Cov Printing — Salina, Kansas
(9) All areas, except street right-of-way and utility
easements, to be dedicated to the public or
reserved for public use or for the exclusive use of
the property owners within the subdivision, shall
be clearly outlined and a legal description of the
same shall appear on the final plat with the
intended use clearly noted thereon;
(10) North point, graphic scale, written scale and date
of preparation;
(11) Protective covenants sahll be lettered on the final
plat or submitted on a separate sheet with
appropriate references made on the final plat, and
signed by the subdivider and/or owner;
(12) Lots and blocks shall be numbered in an orderly
manner conforming with established numbering
procedures previously used in the city and
approved by the city engineer;
(13) Any restrictions in addition to the protective
covenants shall be lettered on the plat;
(14) All easement lines shall be shown and properly
labeled and dimensioned;
(15) All plats located in
conform to Resolution
noted on the plat.
follows:
a flood hazard area shall
No. 3186 and shall be so
Suggested wording is as
'This plat shall conform with the provisions of
Resolution No. 3186 of the City of Salina dealing
with flood hazard areas.'
(16) The flood fringe and fioodway, if known, shall be
identified on the plat.
(b) Certificates. The following certificates, duly signed as
appropriate, shall appear on the final plat upon its
submittal
SURVEYOR'S CERTIFICATE
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
1, the undersigned, do hereby certify that I am a
registered land surveyor in the State of Kansas, with
experience and proficiency in land surveying; that the
heretofore described property was surveyed and subdivided
by me, or under my supervision; that all Subdivision
Regulations of the City of Salina, Kansas have been complied
with in the preparation of this plat; and that all of the
monuments shown herein actually exist and their positions
were correctly shown to the best of my knowledge and
belief.
Given under my hand and seal at Kansas,
this day of , A.D. -19
K --Cox Printing — Saline, Kansas
OWNER'S CERTIFICATE
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
This is to certify that the undersigned is the
owner(s) of the land described in the plat, and that he has
caused the same to surveyed and subdivided as indicated
thereon, for the uses and purposes therein set forth, and
does hereby acknowledge and adopt the same under the style
and title thereon indicated.
All street rights-of-way as shown on this plat are
hereby dedicated to the public. An easement or license to
the public to locate, construct and maintain or authorize the
location, construction and maintenance of poles, wires,
conduits, water, gas and sewer pipes or required drainage
channels or structures under or upon the area marked for
easements on this plat is hereby granted.
Given under my hand at Kansas this
day of , A. D. 19
STATE OF KANSAS )
SS
COUNTY OF SALINE )
The undersigned, being a duly licensed and
bonded abstracter or authorized representative thereof,
hereby certifies that the above is the legal owner(s) of
record of the property shown on this plat.
Dated this day of , A. D. 19
Klhn-C . Priming — Salina, Kansas
CORPORATE OWNER'S CERTIFICATE
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
This is to certify that the undersigned Proprietor,
owns the land described in the plat
and has caused the same to be surveyed and subdivided as
Indicated thereon, for the uses and purposes therein set
forth and does hereby acknowledge and adopt the same
under the style and title thereon indicated.
All streets as shown on this plat are hereby
dedicated to the public. An easement or license to the
public to locate, construct and maintain or authorize the
location, construction and maintenance of poles, wires,
conduits, water, gas and sewer pipes or required drainage
channels or structures under or upon the areas marked for
easements on this plat hereby granted.
Given under my hand at Kansas,
this day of A. D. 19
Corporate Name
Corporate Title
ATTEST:
Secretary
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
The undersigned, being a duly licensed and bonded
abstractor or an authorized representative thereof, hereby
certifies that the above is the legal owner(s) of the property
shown on this plat.
Dated this day of , A.D. 19
NOTARY CERTIFICATE
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
I, 'a Notary Public in and for
said county, in the state aforesaid, do hereby certify that
personally known to me to be the
same persons whose name(s) are subscribed to the
foregoing instrument as such owner(s) appeared before me
this day in person and acknowledged that he (they) signed
and delivered the plat as his (their) own free and voluntary
act for the uses and purposes therein set forth.
Given under my hand and Notarial Seal this
day of 0 A.D. 19
KUM-Cox Priming — Sab- Ka,sas
COUNTY CLERK AND CITY CLERK CERTIFICATE
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
I do hereby certify that there are no delinquent
general taxes, no unpaid current general taxes, no unpaid
forfeited taxes, and no redeemable tax sales against any of
the land included in this plat.
I further certify that I have received all statutory
fees in conjunction with the plat.
Given under my hand and seal at Salina, Kansas,
this day of , A.D. 19
County Clerk ityClerk
CERTIFICATE AS TO SPECIAL ASSESSMENTS
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
I do hereby certify that there are no delinquent or
unpaid current or forfeited special assessments or any
deferred installments thereof that have not been apportioned
against the tract of land included in this plat.
Given under my hand and seal at Salina, Kansas
this day of , A. D. 19
County Clerk ityClerk
SALINA CITY PLANNING COMMISSION CERTIFICATE
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
Approved this day of , A. D. 19
SALINA CITY PLANNING COMMISSION
SALINA, KANSAS
ATTEST:
Chairman
Secretary
SALINE COUNTY PLANNING AND
ZONING COMMISSION CERTIFICATE
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
Approved this day of A. D. 19
SALINE COUNTY PLANNING ZONING COMMISSION
SALINE COUNTY, KANSAS
Chairman
ATTEST:
Secretary
CERTIFICATE OF THE CITY COMMISSION
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
Approved this day of A. D. 19
BOARD OF CITY COMMISSIONERS OF THE CITY OF
SALI NA, KANSAS
Mayor
ATTEST:
City Clerk
CERTIFICATE OF THE COUNTY COMMISSIONERS
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
Approved this day of A. D. 19
BOARD OF COUNTY COMMISSIONERS OF
SALINE COUNTY, KANSAS
Chairman
ATTEST:
County Merk
Kinn -Cox Printing —Salina. Kansas
REGISTER OF DEEDS CERTIFICATE
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
Plat of Addition filed of record in
my office on this day o , at _.M., and
duly recorded in Volume of Plats, at age
Register of Deeds
Filing Fee of Paid."
Section 7. That the existing Sections 36-3, 36-28, 36-36, 36-71,
36-91, 36-92 of the Salina Code are hereby repealed.
Section 8. This ordinance shall be in full force and effect from and
after its adoption and publication once in the official city newspaper.
[SEAL]
ATTEST:
Jacqueline Shiever, City Clerk
Introduced: June 11, 1990
Passed• June 18, 1990
Robert E. Frank, Ma