ORDINANCE NO. 7732
RESOLUTION NO. 04-19
JOINT ORDINANCE/RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, AND THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS, AMENDING THE JOINT SUBDIVISION REGULATIONS, CHAPTER 21 OF THE "CODE OF THE CITY OF LAWRENCE, KANSAS, 2003," AND AMENDMENTS THERETO, SPECIFICALLY AMENDING WATER/WASTEWATER REQUIREMENTS AND PARK SERVICE AREA STANDARDS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, AND,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS:
WHEREAS, after due and lawful notice and hearing, the Lawrence-Douglas County Metropolitan Planning Commission on November 19, 2003, recommended that water/wastewater review requirements and park service area standards be added to the Joint Subdivision Regulations.
WHEREAS, after due and lawful notice the recommendation came on for hearing before the governing body of the City of Lawrence, Douglas County, Kansas on December 9, 2003, and after due consideration and deliberation the recommended change was approved.
WHEREAS, after due and lawful notice the recommendation came on for hearing before the Board of County Commissioners of Douglas County, Kansas on April 26, 2004, and after due consideration and deliberation the recommended change was approved.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, AND RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS:
SECTION I. Chapter 21, Article 6, Section 21-604, 21-706, and Article 7, Sections 21-707 of the Code of the City of Lawrence, Kansas, 2003, are hereby amended to read as follows:
21-604. PARKS, PLAYGROUNDS, SCHOOLS, OPEN SPACE, PUBLIC FACILITIES.
(a) The Planning Commission shall encourage the donation, reservation, or dedication of sites for parks, playgrounds, schools, open space and other public facilities. (Ord. 5257)
(b) Any area on a plat identified for donation, reservation, or dedication of parks, playgrounds, schools, open space, or other similar public facility shall be consistent with the long-range plans of the Lawrence Parks and Recreation Department, Lawrence School District, or other appropriate public agency. As a condition of plat approval, written permission of the responsible public agency is required for land identified as a park, playground, school, open space, or other similar public facility.
(c) Donation, reservation, or dedication of land for park and recreation purposes shall follow the service area standards and locational criteria as identified in the comprehensive and the park and recreation master plans of the City. At a minimum, the following standards and criteria apply:
(1) overall standard for parkland in the City is twelve (12) to fifteen (15) acres per one thousand (1,000) residents;
(2) neighborhood parks should be a minimum of five (5) to ten (10) acres in size, have a service area of one-half (˝) mile, and serve the immediate neighborhood in which they are located;
(3) community parks should be over thirty (30) acres in size, have a service area of two (2) miles, and serve adjacent neighborhoods; and
(4) easements and/or connections to existing parks and open spaces may be required for trails, sidewalks, or other pedestrian ways whenever donation, reservation, or dedication of parkland is deemed inappropriate for the proposed subdivision.
21-706 SEWAGE DISPOSAL SYSTEMS.
(a) New septic tanks are prohibited on any land which is platted under these regulations and is located in the City or in that part of unincorporated Douglas County, as designated by map in the comprehensive land use plan, in Service Area 1 of the Urban Growth Area (UGA). New septic tanks are also prohibited for unplatted areas located within the City.
(b) Community sewage collection and treatment facilities (including lagoons) shall be provided for any such land identified in (a) above and shall be approved by the Kansas Department of Health and Environment and shall be designed to allow for future connection to a public sewer system. Maintenance of such facilities shall be provided by a corporate homeowner's association, benefit district, or other appropriate entity. Evidence shall be submitted with the final plat showing the establishment of such an entity to be responsible for maintenance and management of the system.
(c) Within the unincorporated portions of Douglas County, outside of Service Area 1 of the UGA, septic tanks are permitted under the following conditions unless exempted per Chapter 2-6.3 of the Douglas County Sanitary Code:
(1) on parcels, tracts, or lots of three acres or more when a public water supply is provided; or
(2) on parcels, tracts, or lots of five acres or more when a non-public water supply is provided.
No part of a septic tank or lateral field is permitted in areas of land located within the floodway. In situations in which septic systems have been proposed, no final plat shall be approved until the subdivider has presented evidence that septic systems, as a method of sewage disposal for the subdivision, have been approved by the Lawrence-Douglas County Health Department. Where septic tanks are allowed under these regulations, they must be approved by the county health officer - or his/her authorized representative. They shall be constructed in accordance with "Standards on Individual Septic Tank - Lateral Fields and Other Sewage Disposal Systems for the Unincorporated Territory of Douglas County, Kansas,” Lawrence-Douglas County Health Department, October 1988, or as revised. (Ord. 6160)
(d) The approval of any plat requiring connection to the City’s wastewater system is contingent upon the availability and adequacy of the City to provide wastewater services to the area being subdivided. It is the subdivider’s responsibility to ensure their proposed development takes into consideration the City’s long-range plans, studies, reports, and similar documents for wastewater services. Failure to conform to these provisions warrant denial of the subdivision plat.
21-707 WATER SUPPLY.
(a) Before approval of a final plat, the subdivider shall provide written approval from the Lawrence-Douglas County Health Department that:
(1) a public water supply is provided for all lots, or
(2) an alternate water supply is provided for all lots if a public water supply is not available.
Upon plat approval for land located within the Urban Growth Area (UGA), the subdivider must sign an agreement to connect to a public water system when public water lines are within 1000 feet to planned improvements on the property. When water wells are constructed, they shall be constructed in accordance with the "Manual of Recommended Standards for Locating, Constructing and Equipping Water Wells for Rural Homes," Bulletin 4-1, of the Kansas State Department of Health, March, 1971, as may be amended. Subdividers are required to consult with the appropriate Township Fire Department and Rural Water District to determine if the provision of fire hydrants as part of the public water supply system is feasible. In those cases where the provision of fire hydrants as part of the public water supply system is determined to be feasible, it must be provided. Evidence shall be submitted with the final plat showing compliance with the requirements of this section. (Ord. 6373; Res. 93-6)
(b) The approval of any plat requiring connection to the City’s water system is contingent upon the availability and adequacy of the City to provide water services to the area being subdivided. It is the subdivider’s responsibility to ensure their proposed development takes into consideration the City’s long-range plans, studies, reports, and similar documents for water services. Failure to conform to these provisions warrant denial of the subdivision plat.
SECTION III. Sections 21-604, 21-706, and 21-707 of the Joint Subdivision Regulations of the City of Lawrence, Kansas, and Douglas County, Kansas, are hereby repealed, it being the intent of this joint ordinance/resolution that these provisions be substituted in place thereof.
SECTION IV. This joint ordinance/resolution shall take effect on ___________________ 2003.
PASSED by the Governing Body of the City of Lawrence, Kansas, the ______ day of
_____________, 2004.
APPROVED:
_____________________________
MIKE RUNDLE, Mayor
ATTEST:
__________________________
Frank Reeb, City Clerk
APPROVED AS TO FORM AND LEGALITY:
_______________________________________ __________________
David L. Corliss, Director of Legal Services Date
ADOPTED by the Board of County Commissioners of Douglas County, Kansas, this ________
day of ___________________________, 2004.
APPROVED:
______________________________
CHARLES JONES, Chairman
ATTEST
______________________________
PATTY JAIMES, County Clerk