ORDINANCE NO. 9505

 

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 20, ARTICLE 8, SECTIONS 20-809, 20-810, AND 20-811, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO THE SUBDIVISION DESIGN AND IMPROVEMENTS, AND REPEALING EXISTING SECTIONS 20-809, 20-810, AND 20-811.

 

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

 

SECTION 1. Chapter 20, Article 8, Section 20-809, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

 

20-809             MAJOR SUBDIVISIONS

 

(a)        Purpose

The Major Subdivision procedures of this Section are intended to provide a standardized review process for Preliminary and Final Plats. The Major Subdivision process requires a two-step review process with Preliminary Plat approval by the Planning Commission, and Final Plat approval by the Planning Director. In addition, Final Plats that include Dedication or Vacation of Easements and/or Rights-of-Way, require action by the appropriate Governing Body.

 

(b)        Applicability

 

(1)        The Major Subdivision procedures of this section apply to all land divisions or consolidations that are not eligible for review in conformance with the Certificate of Survey Administrative Review Procedures or the Minor Subdivision/Replat process.

 

(2)        New Residential Subdivisions are not permitted in the Unincorporated Area of Douglas County, except on property zoned A-1 or R-1 prior to January 1, 2007.

 

(3)        Non-Residential Subdivisions are permitted in the Unincorporated Area of Douglas County.

 

(c)        Applications and Procedures

 

(1)        The General Review and Approval Procedures set forth in Section 20-802 shall apply to all applications under this Section.

 

(2)        Specific application and Preliminary Plat contents are provided in Section 20- 809(e) & (f).

 

(3)        Specific application and Final Plat contents are provided in Section 20-809(l) & (m).

 

 

(d)        Criteria for Review

Approval or disapproval of Major Subdivisions shall be based on the following criteria:

 

(1)        Each Lot resulting from the division will have direct Access to a Public Street/Road that has been accepted by the county or city or a Private Street that has been approved as part of a Planned Development;

 

(2)        Each Lot resulting from the division will conform with the minimum Lot size and other dimensional requirements applicable to the property through the Zoning District regulations;

 

(3)        The proposed Major Subdivision and all Lots within it conform fully with the standards set forth in Section 20-810;

 

(4)        The proposed Lots and all other aspects of the proposed Major Subdivision conforms with the current Comprehensive Plan of Lawrence and Douglas County; and watershed/sub-basin plans, sector or Neighborhood Plans;

 

(5)        The proposed Major Subdivision conforms with any adopted Major Thoroughfares Map and provides for the logical continuation of any Street/Roads shown thereon affecting the land included in the proposed Major Subdivision;

 

(6)        The proposed Major Subdivision shall provide for a logical connection of Streets between adjacent Subdivisions taking into consideration constraints from steep Topography and other natural features that may limit Street connectivity but allow for pedestrian connectivity, shall conform with adopted watershed/subbasin plans, sector or Neighborhood Plans for Street layout;

 

(7)        The proposed Major Subdivision conforms to the adopted master plans for the water and wastewater systems and conforms to the overall drainage basin master plan; and

 

(8)        The Major Subdivision Plat conforms to the Kansas Minimum Standards for Boundary Surveys.

 

(e)        Preliminary Plat – Application

A Subdivider shall apply for Preliminary Plat approval by submitting an application to the Planning Director.

 

(1)        Each application shall be accompanied by:

 

(i)         The applicable filing fee;

 

(ii)        A completed Major Subdivision-Preliminary Plat application form;

 

(iii)       The required number of paper copies and an electronic copy of a complete submission of a Preliminary Plat;

 

(iv)       A certified copy of a property Ownership list to provide Mailed Notice in accordance with 20-802(d)(3); and

 

(v)        A drainage plan for Major Subdivisions if within the City limits, or for Major Non-Residential Subdivisions that are located within an Urban Growth Area.

 

(f)        Preliminary Plat Contents

The Preliminary Plat shall be drawn to a scale where all features presented are readable.

 

(1)        Materials to be Included

The Preliminary Plat shall:

 

(i)         State the name of the proposed Subdivision;

 

(ii)        List names and addresses of the Subdivider, the land planner or Subdivision designer (if any) and the licensed Land Surveyor;

 

(iii)       Show date of preparation, north arrow and graphic scale;

 

(iv)       Identify the Plat as a Preliminary Plat;

 

(v)        Give a legal description of the proposed Subdivision complete with section, township, range, principal meridian, county, and acreage. Show the location of the nearest section and/or quarter-section corner on the Plat, with a description tying it to the point of beginning for the Subdivision.

 

(vi)       A Replat shall not be required to be referenced to a section and/or quarter-section corner, provided the original Plat for the subject Replat is tied to at least one of these corner monuments;

 

(vii)      Include location, description and elevation of all Benchmarks established or source used for vertical control. There must be at least one established vertical control point as the basis for the topographic survey included with the application;

 

(viii)     Show names of adjoining Subdivisions or, in the case of unplatted land, the names of the Owner or Owners of adjoining property;

 

(ix)       Show Topography (contour interval not greater than 2 feet) of the site. Topography shall be consistent with City of Lawrence and/or Douglas County aerial Topography. Where Land Disturbance, Grading or development has occurred on a site or within 100 feet of the subject site since the date the City of Lawrence and/or Douglas County, whichever is applicable, obtained aerial Topography, an actual field survey shall be required for the topographic data in the vicinity of the disturbed area;

 

(x)        Show on the face of the Plat or on a separate sheet, a general location of the proposed Subdivision. The general location map shall be drawn to an appropriate scale and shall show the relationship of the proposed Subdivision to the following:

 

a.         The nearest Intersection of Public Streets;

 

b.         If not in the City, any state highway located within one-half mile of the property;

 

c.         If in the City, any public school or park located within one quarter mile of the property. If in the County, any public school located within one mile of the property;

 

d.         If in the Urban Growth Area, the nearest City Limits, and the nearest boundary of the Urban Growth Area;

 

e.         The zoning of the property and any other Zoning Districts located within one-quarter mile (if in the City or within the Urban Growth Area) or within one-half mile (if in the Rural Area).

 

(2)        Existing Conditions

The Preliminary Plat shall also show the following existing conditions:

 

(i)         Location of any area designated as Floodplain, location and direction of the flow of existing water courses; and the surface elevation of the regulatory flood.

 

(ii)        Location of any area in the Floodplain Overlay District, location and direction of flow of all water courses; and base flood elevation at water course entrances to and exits from the proposed Subdivision;

 

(iii)       Location of section lines, private or Public Streets, Alleys, Easements, and city boundaries within and immediately adjacent to the proposed Subdivision;

 

(iv)       Location of natural features such as unique topographic features, lakes, Stream Corridors, and insofar as can reasonably be shown, natural features to be removed;

 

(v)        Boundaries of Stands of Mature Trees, Jurisdictional Wetlands, historic sites and archaeological sites on the property proposed for Subdivision as identified on the GIS Baseline Environmentally Sensitive Lands Map maintained by the Planning Director;

 

(vi)       Existing use of the property, including the location of all existing buildings, indicating those that will be removed and those that will remain on the property after the Final Plat is recorded;

 

(vii)      Horizontal location and vertical elevation (if available) of existing Sanitary Sewers, storm water sewers, and Culverts within and adjacent to the proposed Subdivision, and the location of existing water mains, underground wiring, pipelines, and gas lines;

 

(viii)     Zoning of all land within and adjacent to the Tract;

 

(ix)       Location, description and elevation of all Benchmarks established or source used for vertical control;

 

(x)        Types of soil, with the soil types generally indicated on the Preliminary Plat or a supplemental sheet; and,

 

(xi)       For a Subdivision that will rely on the use of On-Site Sewage Management Systems, a summary of available information on the subsurface Water Table, including the depth of the Water Table at the highest, lowest and typical locations within the Subdivision.

 

(3)        Proposed Improvements

The Preliminary Plat shall further show the following:

 

(i)         Proposed Streets (including location, width, names, approximate grades), and their relation to Platted Streets or to proposed Streets as shown on any Watershed/Sub-basin Plan, sector or Neighborhood Plan of adjacent property;

 

(ii)        Easements, showing width and general purpose;

 

(iii)       Layout of all new municipal utilities proposed to serve the Subdivision;

 

(iv)       Blocks and Lots, showing approximate dimensions and proposed Block and Lot numbers;

 

(v)        Sites designated for other than single-family use by the adopted comprehensive or appropriately adopted Watershed/Sub-basin Plan, Sector or Neighborhood Plan. (Such plan shall be referenced on the face of the Plat);

 

(vi)       Sites proposed for Dedication as drainageway, park, school, or other public purposes;

 

(vii)      Sites proposed by the applicant for land uses not in conformance with adopted comprehensive or Neighborhood Plans accompanied by a note on the face of the Plat stating that approval of the Preliminary Plat does not certify approval of these proposed land uses.

 

(viii)     If requested by Planning Staff, the Building Envelope for proposed Lots.

 

a.         Lots that are not rectangular or that have a single    dimension of less than 55 feet shall include the Building Envelope permitted under the current Zoning District regulations. A typical Building Envelope diagram may be provided where the majority of Lots are the same size.

 

b.         A note referring to such Building Envelope shall be included on the face of the Preliminary Plat regarding the applicable Zoning District and the date of the Zoning provisions on which the preparer has relied in designating the Building Envelope.

 

(4)        Supplemental Data

The following supplementary data and information shall be submitted with the Preliminary Plat or be included thereon:

 

(i)         A table, shown on the face of the Plat, including this data:

 

a.         Gross acreage of the Subdivision;

 

b.         Acreage within each Zoning District;

 

c.         Acreage to be dedicated for Streets or Roads, if any;

 

d.         Acreage to be dedicated for public uses other than Roads, if any;

 

e.         Total number of building Lots;

 

f.          Maximum, minimum, and average Lot size; and

 

g.         Phasing schedule if proposing phasing of Final Platting.

 

(ii)        A statement on the face of the Plat, stating the method to be used for financing Public Improvements in the Subdivision and providing references to statutes, covenants or other sources for further information on the details of such financing. Such statement shall contain a heading saying “Provision and Financing of Roads, Sewer, Water and Other Public Services”. At a minimum such statement shall indicate:

 

a.         Whether the Subdivision will have Public Streets and Roads, Private Streets and Roads or a combination thereof;

 

b.         Whether the Subdivision will provide connections to a public water source (naming the source);

 

c.         Whether the Subdivision will provide connections to a public system for wastewater treatment (naming the system) or will rely on On-Site Sewage Management Systems or other On-Site wastewater treatment systems;

 

d.         Whether purchasers of Lots in the Subdivision will be subject to special assessments or other costs or fees specific to the Subdivision to pay for the capital costs of Streets, Roads, water lines and treatment, and/or wastewater lines and treatment; and

 

e.         Whether the provision of improved Roads, water service and/or wastewater service will depend in any way on a vote, petition or other collective action of property Owners in the Subdivision.

 

(iii)       A separate narrative, explaining in detail the general nature and type of Public Improvements proposed for the Subdivision, and the manner by which the Subdivider intends to provide for their installation, as for example, by Public Improvement Petition, actual construction, escrow deposit, or performance bond. If other than by Public Improvement Petition, the approximate time for completion of such Improvements should be indicated.

 

(iv)       Notation on the face of the Plat that all new telephone, cable television and electrical lines (except high voltage lines) must be located underground when in the City of Lawrence or in Lawrence Urban Growth Area.

 

(v)        Notation on the face of the Plat that the Developer is responsible for the cost of any relocation of existing utilities, if necessary to serve the proposed Subdivision.

 

(5)        Stormwater Drainage – City of Lawrence

 

(i)         Supplemental Data

The Preliminary Plat shall contain data, information and supplemental maps of surrounding property in sufficient detail regarding storm water drainage issues, as determined by the Planning Director or the Planning Commission. The Planning Director or the Planning Commission may request additional data, information and supplemental maps from the applicant regarding storm water drainage, as appropriate.

 

(ii)        Minimum Floor Elevations

On Lots adjacent to all drainage Easements and on drainageways that are designated by the Director of Public Works the Municipal Services and Operations or his or her designee, the Preliminary Plat shall indicate:

 

a.         The required minimum habitable floor elevations for structures on Lots; or,

 

b.         The minimum elevation for a foundation opening(s) which shall be certified by a licensed Land Surveyor or Engineer.

 

c.         A note that states: If a basement is built on a Lot where a minimum elevation has been established, the building design is encouraged to incorporate a sump pump.

 

(g)        Review and Action by the Planning Commission

 

(1)        The Planning Commission shall conduct the review of the application at the meeting at which it is scheduled by the Planning Director, unless the Subdivider requests deferral to a future meeting. The Planning Commission shall determine if the Preliminary Plat conforms to the requirements of the Subdivision Regulations and such determination shall be made within 60 days after the first meeting the Planning Director has placed the submitted Plat on a Planning Commission agenda for action.

 

(2)        If the Planning Commission finds that the proposed Preliminary Plat conforms to all of the criteria set forth in Section 20-809(d) the Planning Commission shall approve the Preliminary Plat.

 

(3)        If the Planning Commission finds that the proposed Preliminary Plat fails in any way to conform to the standards set forth in Section 20-809(d), the Planning Commission shall, by motion, deny approval to the proposed Preliminary Plat and shall state in the motion the reason(s) for that denial.

 

(4)        The Planning Director shall give written notice to the Subdivider of the action of the Planning Commission. If the Preliminary Plat has been disapproved, or conditionally approved, the notice shall specifically state the ways in which the Preliminary Plat fails to conform to these Subdivision Regulations.

 

(5)        If the deficiency or other reason for denial can be cured through action of the applicant, the applicant may submit a revised application and Preliminary Plat within 60 days after receipt of the written notice and shall not be required to pay a further fee. In case of a resubmission, the Planning Commission shall consider the resubmitted application at the next meeting occurring at least 21 days after receipt of the complete resubmission by the Subdivider.

 

(6)        If the Planning Commission fails to act on the Preliminary Plat within 60 days of the date of their first meeting occurring after the receipt of a Preliminary Plat on their agenda, the Subdivider may, by letter, apply to the Planning Director for a “Certificate of Deemed Approval”. If the Planning Director finds that a complete application was received at least 60 days before the date of the letter and placed on a Planning Commission agenda, and that no action has been taken by the Planning Commission, the Planning Director shall issue a “Certificate of Deemed Approval” indicating that “this Preliminary Plat shall be deemed approved due to a failure of the Planning Commission to take timely action in accordance with K.S.A. 2016 Supp. 12-752(b).”

 

(h)        Phasing for Final Plats

 

(1)        A Preliminary Plat may, at the option of the applicant, contain a proposed schedule for submitting Final Plat applications in phases. The Planning Commission may approve the proposed phasing plan if it finds that:

 

(i)         The area represented by each proposed phase is of sufficient size to permit the economical installation of Public Improvements;

 

(ii)        All parts of the necessary public and private Improvements Plans to serve the Subdivision will be provided concurrently with the phase which will first be served by those Improvements or part thereof, or with an earlier phase; and

 

(iii)       All perimeter Rights-of-Way shall be dedicated for the entire Preliminary Plat with the first Final Plat phase of the approved Preliminary Plat.

 

(i)         Effects of Approval by the Planning Commission

 

(1)        Approval of the Preliminary Plat by the Planning Commission shall constitute approval of “the Plat” for purposes of K.S.A. 2016 Supp. 12-752, subject only to the following:

 

(i)         Submission of a Final Plat, in the form and containing all of the information required by Section 20-809(k). The Final Plat shall be in substantial compliance with the Planning Commission’s approval of the Preliminary Plat, including satisfying any conditions imposed on that approval; and

 

(ii)        Completion of Street/Roads, Roads and Public Improvements required by the terms of the approval of the Preliminary Plat, or provision of satisfactory Guarantees of Completion of Improvements, in accordance with Section 20-811(h)(2).

 

(j)         Preliminary Plat Expiration

 

(1)        Approval of a Preliminary Plat by the Planning Commission shall expire:

 

(i)         Twenty-four months from the date approval was granted, unless a complete application for Final Plat is submitted by that approval date.

 

(2)        Upon application by the Subdivider, the Planning Commission may, if the cause of failure of the Subdivider to submit a Final Plat is beyond the Subdivider’s control, grant an extension of the time beyond this period, for a 24 month period for good cause shown. Such request for extension must be submitted to the Planning Director prior to the expiration of the 24 month approval period.

 

(i)         The Planning Director shall place such request, with any recommendation, on the next available Planning Commission agenda based on the adopted submittal schedule.

 

(ii)        The Planning Director shall notify the applicant by mail of the date of the proposed consideration by the Planning Commission. Mailed notice of the extension request shall also be provided by the Planning Office in accordance with Section 20-802(d). On that date, the Planning Commission shall hear from the applicant and the Planning Director and may hear from other interested parties.

 

(3)        If a Final Plat has not been submitted, approved, and recorded within this 24 month period, or within an extension period, a Preliminary Plat must be resubmitted to the Planning Commission, reviewed and considered by the Planning Commission in accordance with the procedures set forth herein.

 

(k)        Final Plat – Application

The Subdivider may initiate review of the Final Plat at any time after approval of the Preliminary Plat by the Planning Commission, including satisfaction of all conditions of Preliminary Plat approval. The Final Plat shall be processed in accordance with the provisions of Section 20-809(m).

 

(1)        Each application shall be accompanied by:

 

(i)         The applicable filing fee;

 

(ii)        A completed Major Subdivision-Final Plat application form;

 

(iii)       The required number of paper copies and an electronic copy of a complete submission of a Final Plat; and

 

(iv)       All of the materials required by Section 20-809(l), as well as any additional materials required by the application form provided by the Planning Director.

 

(2)        The Final Plat application shall be accompanied by all required fees; however, the fees necessary for recording the Final Plat at the Register of Deeds office may be submitted after approval;

 

(3)        The Final Plat shall be in the format and contain the information required by Section 20-809(l), except that the Subdivider, at the Subdivider’s discretion, may delay submission of the final recording and electronic copies of the Final Plat until final action on the Final Plat by the Planning Director and, if applicable, by the Governing Body; and

 

(4)        For Final Plats which represent only a phase of an approved Preliminary Plat and include minor revisions from the approved Preliminary Plat, as reflected in 20-809(m)(2)(i), a revised Preliminary Plat that includes the proposed revisions shall be submitted with the Final Plat application for record keeping purposes.

 

(l)         Final Plat Contents

 

(1)        Format

The Final Plat shall be prepared by a licensed Land Surveyor with black ink on permanent reproducible material meeting the current standards provided by the Register of Deeds. All drawings and signatures of certification shall be in waterproof ink. The overall sheet size shall be 24 inches by 36 inches.

 

(2)        Material to be Included

The Final Plat shall show:

 

(i)         Descriptive information, which shall:

 

a.         State the name of the proposed Subdivision;

 

b.         Show date of preparation, north arrow and graphic scale;

 

c.         Give a legal description of the proposed Subdivision complete with section, township, range, principal meridian, county, and acreage. Show the location of the nearest section and/or quarter-section corner on the Plat, with a description tying it to the point of beginning for the Subdivision.

 

d.         A Replat shall not be required to be referenced to a section and/or quarter-section corner, provided the original Plat for the subject Replat is tied to at least one of these corner monuments;

 

e.         Show names of adjoining Subdivisions or, in the case of unplatted land, the names of the Owner or Owners of adjoining property;

 

f.          Easements, showing width and general purpose;

 

g.         Sites proposed for Dedication as drainageway, park, school, or other public purposes;

 

(ii)        In addition, the following information is required which is similarly required on the Preliminary Plat:

 

a.            Location of any area within a Floodplain Overlay District zoning district;

 

b.            Boundaries of significant Stands of Mature Trees, Jurisdictional Wetlands, historic sites and archaeological sites on the property proposed for Subdivision; protected environmentally sensitive lands as shown on the Preliminary Plat.

 

c.         For properties within the City, the environmentally sensitive lands shall be located within a Tract or Easement and the Plat shall contain information regarding Ownership and maintenance of the Tract or Easement as well as the protection measures for the environmentally sensitive lands.

 

d.         For properties within the unincorporated portions of the County, the Plat shall include a Building Envelope which excludes the environmentally sensitive lands and one of the following: a note that a Temporary Set Aside Agreement or permanent Conservation Easement which contains use restrictions and maintenance and protection measures has been recorded for the environmentally sensitive lands and the Book and Page Number for the recorded Temporary Set Aside Agreement or permanent Conservation Easement; or the protected environmentally sensitive lands shall be placed within Easements or Tracts and the Plat shall note the Ownership, maintenance responsibility and protection measures of the protected lands.

 

e.         Proposed Streets (including location and proposed names), and their relation to Platted Streets or to proposed Streets as shown on any adopted general development plan of adjacent property; and,

 

f.          Block and Lot numbers and dimensions of Blocks and Lots.

 

(iii)       Accurate dimensions for all lines, angles, and curves used to describe boundaries, Streets, Easements and areas to be reserved for public use. Data for all curves shall include radius, arc length, chord length, and central angle;

 

(iv)       For land located in a Floodplain, as defined and regulated under Chapter 20, Article 12 of the City Code and Section 12-328 of the Zoning Regulations for the Unincorporated Area of Douglas County, the following:

 

a.         The total area of each Lot located in the designated Floodplain;

 

b.         The Minimum Building Elevation and Minimum Elevation of Building Opening, as determined from Chapter 20, Article 12 of the City Code or Section 12-328 of the Zoning Regulations for the Unincorporated Area of Douglas County.

 

(v)        On Lots adjacent to all drainage Easements and on drainageways that are designated by the Director of Public Works the Municipal Services and Operations or his or her designee, the Final Plat shall indicate:

 

a.         The required minimum habitable floor elevations for structures on Lots; or,

 

b.         The minimum elevation for a foundation opening(s) which shall be certified by a licensed Land Surveyor or Engineer.

 

c.         A note that states: If a basement is built on a Lot where a minimum elevation has been established, the building design is encouraged to incorporate a sump pump.

 

(vi)       For any Lot including or adjacent to a Lot including environmentally sensitive lands as defined in Section 20-810(k) [County Code Section 11-110(k)] designation of a Building Envelope within which a building may be built after compliance with all applicable setback, Floodplain and sensitive land standards;

 

(vii)      The dated signature and seal of the licensed Land Surveyor responsible for the survey and a note stating: “This survey conforms to the Kansas Minimum Standards for Boundary Surveys”;

(viii)     Acknowledged certifications on the face of the Final Plat as listed below (may be combined where appropriate):

 

a.         A certificate signed by all parties having any record, title or interest of record in the land Subdivided, showing their consent to the preparation and recording of the Plat;

 

b.         A certificate, signed by the Owner or Owners, dedicating all Parcels of land which are intended for public use;

 

(ix)       The endorsement of the Planning Commission as evidenced by the signature of its Chairperson;

 

(x)        Acceptance of Dedication by the appropriate Governing Body, as indicated by the signature of the Chairperson of the Board of County Commissioners, the Mayor or another Person authorized to sign on behalf of either;

 

(xi)       As a separate document, a certificate that all taxes and special assessments due and payable have been paid.

 

a.         In the case of unpaid special assessments, a proposed redistribution of such unpaid special assessments which meets the county or city’s requirements and is acceptable to the County or City Clerk and County or City’s Public Works Director or City’s Municipal Services and Operations Director.

 

(xii)      A note shall be placed on the Final Plat indicating that additional information concerning drainage and structural elevations are placed on the Preliminary Plat, if such requirement has been placed on the Preliminary Plat.

 

(xiii)     A line shall be provided on the Plat for the review date and signature of the County Surveyor beneath a note stating: “Reviewed in compliance with K.S.A. 58-2005”.

 

(xiv)     A reference line shall be provided on the Plat indicating the book and page where the Master Street Tree Plan is recorded at the Register of Deeds.

 

(xv)      A note shall be placed on the Final Plat designating any Lots Abutting a Half-Street and that take sole Access from that Public Right-of-Way as non-buildable in accordance with Section 20-810(e)(9)(ii).

 

(xvi)     Evidence shall be submitted with the Final Plat providing one or more of the means of ensuring completion of required Public Improvements identified in Section 20-811(h).

 

(m)      Final Plat – Review and Action by Planning Director

 

(1)        After approval or approval with conditions of a Preliminary Plat by the Planning Commission and prior to final approval of Public Improvement Plans, the Subdivider shall have prepared for recording a Final Plat, which is consistent with the action of the Planning Commission and with the formatting and content requirements of Section 20-809(l).

 

(2)        If the Planning Director finds that the submitted Final Plat conforms with the content requirements of Section 20-809(l) and in substantial compliance with the Preliminary Plat approved by the Planning Commission, including satisfying any conditions incorporated in that approval, the Planning Director shall approve the Final Plat and attach to it a formal certification that the submitted Final Plat:

 

(i)         Is in substantial compliance with the Preliminary Plat approved by the Planning Commission. The Final Plat shall be deemed to be in substantial compliance with the previously approved Preliminary Plat if one or more of the following criteria are met, as applicable:

 

a.         No change.

 

b.         Increase or reduction, less than or equal to ten percent, of the number of approved Lots, Parcels or Tracts shown within the approved phase of the Preliminary Plat.

 

c.         Minor adjustments to Rights-of-Way lines, Easement lines and/or property lines to account for technical changes related to the proposed Public Improvement Plans.

 

d.         Modifications to Easements and Rights-of-Way when the general form of the approved Preliminary Plat with regard to overall layout, public and/or private vehicular and pedestrian connection, area set aside for public space and/or open space, and required utility corridors is maintained.

 

(ii)        Satisfies any conditions of approval imposed by the Planning Commission;

 

(iii)       Includes the same proposed Dedications subject to minor technical adjustments as described in Section 20-809(m)(2)(i)(a) through (d), above;

 

(iv)       Represents a Plat for which all required Public Improvements have been completed, or for which adequate Guarantee of Improvements has been provided as identified in Section 20-811(h); and

 

(v)        Is otherwise consistent with the requirements of this Article for a Final Plat.

 

(3)        If the Planning Director finds that the submitted Final Plat is deficient as to format or content or otherwise technically deficient, the Planning Director shall notify the Subdivider of the deficiency(ies) within 5 working days.

 

(4)        If the Planning Director finds that the submitted Final Plat does not substantially comply with the approved Preliminary Plat, including any conditions incorporated in such approval, and with the proposed Dedications shown on the Preliminary Plat, subject to Section 20-809(m)(2)(i)(a) through (d), the Planning Director shall place the Final Plat on the agenda of the next Planning Commission meeting following the notice provisions of Section 20-802(d), for further consideration in accordance with the Preliminary Plat review and action provisions of Section 20-809(g).

 

(5)        The Planning Commission approval of the Preliminary Plat combined with the Planning Director’s approval as to form and substantial compliance with the approved Preliminary Plat shall constitute Planning Commission approval of the Final Plat. No further action by the Planning Commission shall be necessary or required.

 

(n)        Final Plat – Review and Action by Governing Body

 

(1)        A Final Plat that has been approved by the Planning Director shall be submitted to the Governing Body, as applicable, for its consideration of acceptance of the Dedication of Street/Roads and other public Rights-of-Ways, service, and utility Easements and any land dedicated for public purposes.

 

(2)        The Governing Body shall accept or refuse the Dedication of land for public purposes within 30 days after the first meeting of the Governing Body following the date of the Final Plat’s submission to the Clerk of the appropriate Governing Body. The Governing Body may defer action for an additional 30 days for the purpose of allowing for modifications to comply with the requirements established by the Governing Body. No additional review and recording fees shall be assessed during that period.

 

(3)        If the Governing Body defers or refuses these Dedications, it shall advise the Planning Director of the reasons thereof.

 

(4)        Failure of the Governing Body of the city or of the county to accept affirmatively a Dedication shown on the Final Plat shall be deemed to be a refusal of the proposed Dedication.

 

(5)        The respective Governing Bodies maintain full legislative discretion to reject any proposed Dedication, regardless of the approval of the Final Plat. If the Governing Body rejects part or all of a proposed Dedication, the Subdivider may amend the Final Plat and resubmit it for consideration by the Planning Director without the rejected Dedication; if the Subdivider takes no action within 60 days of the rejection of any proposed Dedication, it shall constitute failure of a material condition of the approval of the Final Plat and the Final Plat shall be deemed to have been rejected.

 

(o)        Signatures on Final Plat

If the Planning Director has approved and certified the Final Plat in accordance with Section 20-809(m), the Planning Director within 5 working days of receipt of the recordable copies of the Final Plat, shall submit the Final Plat to the Chair of the Planning Commission and to the Mayor or Chairperson of the Board of County Commissioners, as applicable, for signatures. Each of these persons shall, if he or she accepts the certification of the Planning Director, sign the Final Plat, including the “Acceptance of Dedications” certificate; if any of these persons refuse to sign the Final Plat, he or she shall refer the Final Plat to the Planning Commission for consideration at its next meeting in accordance with the requirements of Section 20-809(g), together with a memorandum explaining the reasons why such person refused to sign it.

 

(p)        Processing after Approval of Final Plat

 

(1)        After all signatures have been obtained and all other requirements of this Article have been completed, the Planning Director shall forward the recordable copy of the Final Plat to the Register of Deeds for recording. The recorded version of the Plat shall bear the endorsements provided in Section 20-809(l) including the endorsement by the Governing Body accepting the Dedications.

 

(2)        Upon approval and acceptance of all Final Plats that create new Street/Roads or other Public Improvements, detailed Street/Road and/or utility plans shall be submitted to and approved by either the County Engineer or City Engineer, as applicable, prior to recording of the Final Plat, and these plans shall include the following:

 

(i)         Plan, profile, ditch grades, and cross-sections of all Street/Roads, Alleys and other public ways; and,

 

(ii)        Drainage areas and size and length of cross-Road drainage structures.

 

(3)        Prior to the Final Plat being recorded with the Register of Deeds, a digital            version of the Plat shall be submitted to the Planning Director in a format approved by the Planning Director. The digital file shall be registered to the State Plane Coordinate Grid System used by the city and county.

 

(4)        Errors found in closure or internal dimensions shall be corrected prior to recording the Final Plat at the Register of Deeds.

 

(q)        Final Plat Expiration

 

(1)        Approval of a Final Plat by the Planning Director and acceptance of Dedications by the appropriate Governing Body shall be effective for no more than 24 months from the date of acceptance unless all conditions of approval have been completed, unless an extension has been granted by the Planning Director for good cause.

 

(2)        Such request for extension must be submitted to the Planning Director prior to the expiration of the original 24 month approval period.

 

SECTION 2. Chapter 20, Article 8, Section 20-810, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

 

20-810             SUBDIVISION DESIGN STANDARDS       

 

(a)        General

 

(1)          Applicability

All Subdivisions shall comply with the Design Standards of this Section and the Public Improvement Standards of Section 20-811.

 

(2)        Design of Lots

 

(i)         Lots shall be laid-out and designed to comply with all applicable zoning district regulations. The size, width, depth, shape, and orientation of each Lot in a Subdivision shall also take into consideration Topography (steepness of slope and gradient), physical features, type of use contemplated and effect on adjacent Lots.

 

(ii)        Lots for commercial and industrial use shall be of size and arrangement to allow for off-Street/Road parking and loading facilities.

 

(iii)       Double-Frontage and Reverse-Frontage Lots shall be avoided except where they are necessary to provide for the separation of residential development from Collector and Arterial Street/Roads or to overcome challenges of steep Topography and orientation.

 

(iv)       A planting screen Easement of a minimum 20 feet, with or without a berm, shall be provided along the portion of the Lots Abutting such an Arterial Street/Road if required by the Planning Commission.

 

(v)        Corner Lots shall be a minimum of 20% wider than the minimum Lot Width required in the applicable zoning district to allow for appropriate building setbacks and sufficient yard space.

 

(3)        Plans for Resubdivision

 

(i)         Whenever an area is divided into residential Lots with a Lot area of one acre or greater, and there is a possibility that such Lots may eventually be re-subdivided into smaller Lots, consideration shall be given to the Street, and Lot arrangement of the original Subdivision so that additional Streets can be opened later to permit a logical arrangement of smaller Lots.

 

(ii)        Provision of Easements or Right-of-Way for the future opening and extension of such Streets and for gravity sewers and stormwater drainage shall be made a condition of Preliminary Plat approval.

 

(b)        Frontage

All Lots shall have Frontage on a Public Street unless Lot Frontage is approved on a Private Street as part of a Planned Development.

 

(c)        Access

 

(1)          City of Lawrence

For Lots located within the City, Access shall be provided directly from a Street or as follows:

 

(i)         An Alley may provide the primary vehicular Access to one or more Lots in a Subdivision, provided that each such Lot shall have Street Frontage on a Public Street unless designed as part of a Planned Development.

 

(ii)        Alley Access is particularly appropriate where the Street Frontage for the Lot is on a Collector or Arterial Street.

 

(iii)       Residential shared Driveways are permitted when a recorded Access Easement is provided.

 

(iv)       Joint-Use Driveways in Lawrence with a minimum paved width of 24 feet may be approved as part of the Subdivision approval process for non-residential developments (e.g., shopping centers, industrial/business parks), if there is a city approved Easement of record ensuring perpetual Access to the Joint-Use Driveway by all Lots with Frontage and providing for the perpetual Ownership, continuance and maintenance of the Joint-Use Driveway.

 

(v)        Joint-Use Driveways shall not be considered as parking or loading space or as an aisle for Access to individual parking spaces in computing conformance with the parking requirements of the Development Code.

 

(vi)       Joint use Access points may be approved within Lawrence when located wholly within the dedicated Public Street Right-of-Way.

 

(2)          Unincorporated Area of the County

For Lots located within the Unincorporated Areas of the County, Access shall be directly from a Road or as follows:

 

(i)         Joint-Use Driveways are not permitted in the Unincorporated Area of the County.

 

(ii)        Shared Driveway Approaches serving residential uses may only be approved with the filing of an instrument for joint maintenance of the Driveway Approach area and only when individual Driveways are separately maintained beyond the Road Easement or Right-of-Way line.

 

(iii)       Joint use Access points may be approved when located wholly within the dedicated or public Road Easement.

 

(d)        Blocks

 

(1)        General

The lengths, widths, and shapes of Blocks shall be determined with due regard to:

 

(i)         Limitations and opportunities of Topography and other physical features such as utilities, Floodplains, Jurisdictional Wetlands and natural storm drainage patterns;

 

(ii)        Provision of building sites adequate for the uses contemplated;

 

(iii)       Zoning requirements as to Lot sizes and dimensions; and

 

(iv)       Need for convenient Access, circulation, and control of Street traffic for safety.

 

(2)        Length

 

(i)         City of Lawrence

Block length for Local Streets within the City of Lawrence shall not exceed 800 feet in length (centerline to centerline of Streets) unless the Subdivider demonstrates to the satisfaction of the Planning Commission that:

 

a.         There are Pedestrian Ways at intervals of 700 feet or less, replacing the connection that would exist as a Sidewalk along the Street; and

 

b.         The proposed Block must be greater than 800 feet in length because physical conditions preclude a Block length of less than 800 feet. Such conditions may include, but are not be limited to, Topography or the existence of natural resource areas such as Jurisdictional Wetlands, Floodplains, wildlife habitat areas, steep slopes or Woodlands.

 

(ii)        Unincorporated Area of the County [Reserved]

 

(3)        Width

A residential Block shall have sufficient width to allow for two tiers of Lots of appropriate depth unless it adjoins a limited-Access, Collector, or Arterial Street, railroad or other nonresidential use, in which case it may have a single tier of Lots that exceed the minimum Lot area required in the zoning district.

 

(4)        Shape

Blocks may be irregular in shape, provided their design meets the requirements of Lot standards, traffic flow and control considerations and any adopted watershed/ sub-basin plans, Sector or Neighborhood Plan.

 

(e)        Streets

 

(1)        General

 

(i)         Local Streets within the City of Lawrence should be less than 1,320 feet in length.

 

a.         Local Streets exceeding 800 feet in length shall include Traffic Calming Devices, shown in an adopted City of Lawrence Traffic Calming Policy document as maintained by the Public Works Municipal Services and Operations Director.

 

(ii)        All Streets within Subdivisions shall be laid-out, arranged and designed in accordance with any adopted watershed/sub-basin plans, Sector or Neighborhood Plan or, in the absence of such a plan, with all applicable standards of this Article.

 

(iii)       Arterial and Collector Streets shall be laid-out, arranged and designed in accordance with any adopted Major Thoroughfares Map or corridor plan.

 

(iv)       Subdivisions shall provide a logical Street layout in relation to topographical conditions, public convenience, safety and the proposed use of the land to be served by such Streets.

 

(v)        At time of Preliminary Plat approval, the full Right-of-Way for all boundary line and Full Maintenance Roads under the applicant’s Ownership control shall be annexed to the City.

 

(2)        Connections

 

(i)         Street connections shall provide Access to adjoining lands, existing and proposed Streets.

 

(ii)        Every Subdivision shall provide for at least one Street connection to each adjacent Subdivision or future adjacent Subdivision.

 

a.         Any existing or Platted Street that terminates at the boundary line of a proposed Subdivision shall be continued into the proposed Subdivision in such a manner as to provide Street connections to adjoining lands and Streets within the proposed Subdivision or,

 

b.         Local Streets may terminate in a Cul-de-sac if an existing environmental feature dictates the design.

 

(iii)       Streets shall provide connections to adjacent undeveloped land in accordance with the adopted Major Thoroughfares Map.

 

(iv)       Proposed Subdivisions that have Access to the public Road system via a Single Outlet must comply with the currently adopted International Fire Code. IFC requirements may limit the total number of Lots or residential Dwelling units permitted; total amount of square feet constructed; or the type of construction allowed.

 

(v)        Residential Collector Streets shall provide connections to nonresidential uses within the neighborhood and shall not typically intersect with Arterial Streets.

 

a.         Bicycle & pedestrian facilities are strongly recommended for Residential Collectors.

 

b.         Various traffic-calming treatments may be used to reduce travel speeds.

 

c.         Residential Collector Streets with adjacent residential land uses should, in most cases, be limited to two lanes.

 

d.         Residential Collector Streets that connect neighborhoods to shopping areas shall be designed to have indirect connections to Arterial Streets.

 

(vi)       Streets longer than one Lot that terminate at the property boundaries of undeveloped land shall provide an improved temporary Turnaround.

 

(3)        Intersecting Streets

 

(i)         Local Streets generally should not intersect Arterial Streets. The Planning Commission, with the City Engineer’s recommendation, may approve a new connection of a Local Street to an Arterial Street:

 

a.         Where it finds that such connection is part of the best traffic solution for the new Subdivision; and

 

b.         Where the Subdivider will add turn lanes or other Improvements recommended by the City Engineer to the Arterial Street to minimize the impact of the connection on the functioning of the Arterial Street.

 

(ii)        Local Streets intersecting opposite sides of another Local or Collector Street when offset shall be offset 300 feet or more.

 

(iii)       Streets shall intersect as nearly as possible at right angles.

 

(iv)       Not more than two Streets shall intersect at any one point.

 

(4)        Requirements When Access Barriers Exist

Wherever a proposed Subdivision contains or is adjacent to a Marginal Access Street or Road; an Arterial Street or a railroad Right-of-Way; the Planning Commission, as part of the Preliminary Plat approval, shall require the following for the protection for the integrity and subsequent safety, efficiency and economy of the Marginal Access, Arterial, or railroad Right-of-Way:

 

(i)         Dedication of a Local Street or Road to provide ingress and egress to and from such Blocks or Lots;

 

(ii)        A Street or Road approximately parallel to and on each side (where applicable) of such Marginal Access Street or Road, Arterial Street or railroad Right-of-Way at a distance suitable for the appropriate use of the land between such Streets or Roads;

 

(iii)       Reverse Frontage Lots with Access Control provisions along the rear property line; or

 

(iv)       Adequate distance between such parallel Streets or Roads and the Arterial, Marginal Access Street or Road, or railroad so as to provide for proper approach grades and future grade separation.

 

(5)        Cross-Sections

 

(i)         City of Lawrence

All Platted Subdivisions lying within the City of Lawrence shall comply with the following cross-section standards:

Street Type

 

 

 

 

 Right-of-Way

Min. Width (feet)

Principal Arterial

150

Minor Arterial (3 lane)

100

Collector

80

Residential Collector

60

Local

60

Limited Local

50

Cul-de-sac

60

Marginal Access (Frontage Road)

60

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

a.            Pavement width constructed according to City standards.

 

b.         Additional r-o-w may be necessary at Intersections.

 

c.         Paved bulb with 50’ radius is required/60’ minimum r-o-w radii required.

 

(ii)        Unincorporated Area of the County

All residential developments and nonresidential Subdivisions within the Unincorporated Area shall comply with the following minimum cross section standards:

 

 

 

 

Street Type

 

 

 Right-of-Way

Min. Width (feet)

Principal Arterial (w/ median)

150

Principal Arterial (w/o median)

120

Minor Arterial

100

Major Collector

80

Minor Collector

70

Local

70

 

a.         Right-of-Way shall be sufficient to include top of ditch back slopes; may be variable

 

b.         Road design shall meet design standards contained in KDOT’s “Project development Manual for Non-National Highway System Local Government Road and Street Projects” and/or AASHTO Green Book standards.

 

(6)        Grades

The finished grade for all Streets and Roads shall be at or above the base flood elevation. The grades of Streets and Roads shall comply with the following standards:

 

Street Type

Maximum

Grade (%)

Minimum

Grade (%)

Arterials (Principal and Minor):

City or Urban Growth Area

5

1.0

Rural Area

5

1.0

Collector (Major or Minor)

8

1.0

Marginal Access

10

1.0

Local

10

1.0

 

(i)         The City or County Engineer, as applicable, shall be authorized to approve minor deviations for short distances from these grade standards when it is determined that compliance with these standards is impracticable.

 

(ii)        Within the City of Lawrence, maximum grade of Streets serving industrial areas shall be 5% regardless of Street classification.

 

(7)        Radii of Curvature

The minimum radius of curvature of the centerline of Arterial and Collector Street shall meet design standards contained in KDOT’s “Project development Manual for Non-National Highway System Local Government Road and Street Projects” and/or AASHTO Green Book standards.

 

(8)        Cul-de-sacs

 

(i)         Cul-de-sac lengths shall not exceed 10 times the required minimum Lot Width of the base zoning district or 1,000 feet (1,320 feet in Unincorporated Area), whichever is less.

 

a.         A Cul-de-sac’s length shall be measured from the center point of the Cul-de-sac bulb or Turn-around to the centerline of the Right-of-Way of the nearest intersecting through Street.

 

(ii)        Maximum Cul-de-sac length may be increased by up to 25% above the maximum allowed by Section 20-810(e)(8)(i) during the Preliminary Plat approval process if the Planning Commission determines that the proposal meets all of the following criteria:

 

a.         It is impracticable to connect the Street to another Street or to provide a looped Street or other means of Access that would avoid the Cul-de-sac or allow the Cul-de-sac to meet the length limit because:

 

1.         The area is separated from other parts of the Subdivision or a possible Street connection by Floodplains, Jurisdictional Wetlands, or steep slopes greater than 10% or other natural resource areas; and

 

2.         Other properties adjoining the area have already been Subdivided or developed in a manner that precludes connecting the Cul-de-sac to an existing or proposed Street.

 

b.         Use of Cluster Housing provisions of this Development Code would not reasonably allow compliance with the Cul-de-sac length limit of Section 20-810(e)(8) and realization of at least 75% of the maximum Lot density allowed by the site’s base zoning; and

 

c.         The degree of increase in allowable Cul-de-sac length is the minimum necessary to allow the above findings.

 

d.         The Subdivider bears the burden of demonstrating that all criteria have been met.

 

(iii)       In Subdivisions with Cul-de-sacs, Easements may be required to ensure that the water supply system is looped.

 

(iv)       If a Cul-de-sac is longer than 600 feet, the Subdivision shall include Pedestrian Easements at the terminus of the Cul-de-sac to provide pedestrian connections to and from the Cul-de-sac, in accordance with 20-810(h)(4)(iii).

 

(9)        Half-Streets

 

(i)         Whenever Right-of-Way for one-half of a Street has been dedicated to bring that Street to then-current standards, regardless of whether that half of the Street has been improved, and a Subdivision of land adjoining the other half of the Street is proposed, the remainder of the Right-of-Way shall be dedicated and improved by the Subdivider.

 

(ii)        No building permits shall be issued for Lots with Access only to a Half Street until the entire remainder of the Street Right-of-Way between the two nearest intersecting Streets and passing in front of the subject Lot(s) is dedicated and improved.

 

(10)      Private Streets and Roads

 

(i)         Unincorporated Area of the County

 

a.         Private Roads are prohibited in the Unincorporated Area of Douglas County, except for those that were approved prior to December 15, 1998.

 

b.         Before Douglas County will consider a request to assume maintenance of any existing Private Road, by Dedication or otherwise, the Road must be brought into compliance with all applicable Road and Right-of-Way standards.

 

(ii)        City of Lawrence

 

a.         New Private Streets in the City are permitted only in Planned Developments approved by the Planning Commission and City Commission.

 

b.         Private Streets shall be built to City Street construction standards and maintained by the Landowner.

 

(11)      Alleys

 

(i)         Alleys shall be provided in commercial and industrial districts, except that the Planning Director may waive this requirement where other definite or assured provisions are made for service Access, off-Street loading and unloading and parking spaces consistent with and adequate for the uses proposed.

 

(ii)        Alleys shall have a minimum unobstructed Right-of-Way width of 20 feet.

 

(iii)       Alleys shall comply with the construction standards of the city and/or county, as determined by the City or County Engineer.

 

(iv)       Intersecting Alleys shall be prohibited except when no feasible alternative exists. When Alley Intersections are unavoidable, a turning radius shall be provided to permit safe vehicular movement.

 

(v)        Alleys that serve dock areas shall be designed with adequate Turnaround facilities.

 

(f)        Street and Road Names and Lot and Block Numbering

 

(1)        City of Lawrence

 

(i)         Street names shall be proposed by the Subdivider, reviewed by the Public Works Municipal Services and Operations Director, and approved by the City Commission. The approval of Street names shall be within the legislative discretion of City Commission, subject to the following standards:

 

a.         Compass directions shall not be used as part of Street names;

 

b.         The identifiers “Court and “Circle” shall be used as follows:

 

1.         A Court identifies a Dead-End or Cul-de-sac; and

 

2.         A Circle identifies a Street where both ends terminate at the same Roadway.

 

c.         Streets that run in an east – west direction shall be named as numbered Streets;

 

(ii)        Existing Street names shall be used where the Street to be named is, or would be, a logical extension of an existing Street even though separated by undeveloped land, natural physical barriers or man-made obstructions; and

 

(iii)       Where a proposed Street is shown on an adopted Major Thoroughfares Map and such map indicates a name for that Street, that name shall be used.

 

(2)        Unincorporated Area of the County

Road names in the unincorporated County shall be named in accordance with the E911 Emergency Management System.

 

(g)        Lot and Block Numbering

Lot numbers shall be assigned by starting in the northeast corner of each Block and proceeding in a counterclockwise direction. When a Street or Road separates a group of Lots, a new Block shall be identified, and the Lots within the new Block shall be numbered as herein specified.

 

(h)        Easements

 

(1)        Permanent Utility Easements

Permanent utility Easements shall be provided where necessary to accommodate utilities that will serve the Subdivision. Permanent utility Easements shall be provided where necessary to allow for utility service in and through the proposed Subdivision. Where such an Easement is necessary, it shall be centered on rear or side Lot Lines, as applicable, and shall be at least 30 feet and 15 feet wide respectively, except that Easements for Street lighting purposes only need not exceed 10 feet in width.

 

(2)        Temporary Utility Easements

Temporary utility Easements shall be provided where necessary to accommodate the installation of utilities that will serve the Subdivision. Temporary utility Easements shall be centered on rear or side Lot Lines and shall be at least 30 feet and 25 feet wide respectively. The temporary utility Easement shall expire after the initial installation of the required utilities. After the expiration of a temporary utility Easement, the permanent utility Easement will govern.

 

(3)        Drainage Easements

Drainage Easements for water courses, drainage Swales or streams which traverse a Subdivision may be required. Drainage Easements shall be exclusively for that use and separate from the Dedication of other utility Easements. Upon the request of the Planning Director, the City or County Engineer, as applicable, shall make recommendation to the Planning Commission regarding the desired width of the Drainage Easement. Such study and report shall be based on the 100-year flood depth (if known), or the regulatory flood elevation when provided by the Federal Insurance Administration.

 

(4)        Pedestrian Easements

 

(i)         Pedestrian Easements shall be required when Block lengths for Local Streets exceed 800 feet in length. Such Easements shall extend entirely across the width of the Block at approximately the midpoint of the Block.

 

(ii)        Additional Pedestrian Easements should be required within the City and Urban Growth Area to provide pedestrian connections from a Subdivision to schools, parks, shopping, employment or other nearby uses and to link pedestrian routes in adjacent Subdivisions or neighborhoods, including a pedestrian connection at the terminus of each Cul-de-sac.

 

(iii)       Easements for Pedestrian Ways shall have a minimum width of 12 feet.

 

(iv)       The Planning Commission may waive this requirement where, due to Topography or physical barriers, the Pedestrian Easement would not form a logical part of the larger pedestrian circulation system through the approval of the Preliminary Plat.

 

(i)         Parks, Open Space Schools and Other Public Facilities

The Planning Commission shall encourage the donation, reservation, or Dedication of sites for parks, open space, schools and other public facilities in accordance with the Lawrence Parks and Recreation Comprehensive Master Plan.

 

(j)         Land In Floodplain Overlay Districts

Land within a Floodplain Overlay District shall be subject to the Flood Protection Standards of Article 12, Chapter 20, City Code and to the Flood Protection Standards of Section 12-328 of the Zoning Regulations for the Unincorporated Area of Douglas County.

 

(k)        Protection of Environmentally Sensitive Lands

 

(1)        Definition of Environmentally Sensitive Lands Certificates of Survey land divisions and Platted Subdivisions shall be designed to protect environmentally sensitive lands which contain natural resources and environmentally sensitive areas. Environmentally sensitive lands are listed below in a priority order for protection:

 

(i)         Regulatory floodway, designated on the FEMA Flood Insurance Rate Map for Douglas County and identified on the GIS Baseline Environmentally Sensitive Lands Map;

 

(ii)        Regulatory floodway fringe, designated on the FEMA Flood Insurance Rate Map for Douglas County based on the 100 year storm and identified on the GIS Baseline Environmentally Sensitive Lands Map;

 

(iii)       Jurisdictional Wetlands, as determined by the Army Corps of Engineers;

 

(iv)       Stream Corridors as defined in these regulations and identified on the GIS Baseline Environmentally Sensitive Lands Map;

 

(v)        Stands of Mature Trees, as defined in these Regulations and identified on the GIS Baseline Environmentally Sensitive Lands Map; and

 

(vi)       Archaeological or historic sites listed on local, state, or federal registers and identified on the GIS Baseline Environmentally Sensitive Lands Map.


(2)        Determination of environmentally sensitive lands.

The presence of environmentally sensitive lands shall be determined from an examination of the site and the following resources:

 

(i)         FEMA Flood Insurance Rate Map for Douglas County, most current adopted map;

 

(ii)        US Fish and Wildlife Service National Wetland Inventory Maps;

 

(iii)       GIS Baseline Environmentally Sensitive Lands Map;

 

(iv)       Kansas State Historical Society Archeological and Historic Resources Inventory; and

 

(v)        Other resources which may be appropriate.

 

(3)        Protection Standards for Environmentally Sensitive Lands – City of Lawrence

 

(i)         Section 20-1101(d)(2)(i) of the Land Development Code limits the required protection of environmentally sensitive lands to a maximum protection area of 20% of the total land area of residentially zoned property.

 

(ii)        Section 20-1101(d)(2(ii)(b) requires that when Platting, environmentally sensitive lands to be protected shall be placed within Tracts or Easements and information regarding Ownership and maintenance responsibility of the Tract or Easement, as well as protection measures, shall be included on the Preliminary and Final Plat.

 

(iii)       Section 20-1101(e) contains information on density bonuses which may be possible when environmentally sensitive lands are protected in greater amounts than required.

 

(iv)       Section 20-1101(d)(2)(ii)(a) requires that a Sensitive Areas Site Plan be submitted prior to, or concurrent with, all Subdivision applications for properties containing environmentally sensitive lands. The requirements of a Sensitive Areas Site Plan are found in Section 20-1101(f).

 

(4)        Protection Standards for Environmentally Sensitive Lands – Unincorporated Area of the County

 

(i)         Per Sections 20-804(c)(3) [County Code Sections 11-104(c)(3)], Certificates of Survey land divisions within the UGA shall protect environmentally sensitive lands through the filing of a Temporary Set Aside Agreement or a permanent Conservation Easement with the Register of Deeds.

 

(ii)        Per Section 20-806(d)(2)(vii) [County Code Section 11-106(d)(2)(vii)] Certificates of Survey outside the UGA for properties which contain environmentally sensitive lands shall designate Building Envelopes which exclude the protected environmentally sensitive lands.

 

(iii)       All Plats which include environmentally sensitive lands shall protect them through one of the following methods:

 

(iv)       The filing of a Temporary Set Aside Agreement or permanent Conservation Easement with the Register of Deeds.

 

(v)        Placement of the environmentally sensitive lands within Tracts or Easements. Information regarding Ownership and maintenance responsibility of the Tract or Easement, as well as protection measures shall be included on the Preliminary and Final Plat.

 

(vi)       Protection of environmentally sensitive lands is encouraged to the maximum amount possible, but required protection is limited to 40% of the site included in the Certificate of Survey and 20% of the total site for Platted properties.

 

(l)         Soils and Soil Testing – City of Lawrence

Soils shall be identified based on the Soil Conservation Survey soils categories and characteristics. Soils test shall be obtained to verify sub-surface soil characteristics for rocky or unstable soil types, when requested by the City Engineer, for areas proposed to be dedicated for City of Lawrence public Rights-of-Way and public Easements.

 

(m)      Soils and Soil Testing – Unincorporated Area of the County

Soils shall be identified based on the Soil Conservation Survey soils categories and characteristics. Soils test holes shall be conducted in accordance with the Douglas County Sanitary Code.

 

SECTION 3. Chapter 20, Article 8, Section 20-811, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

 

20-811             PUBLIC IMPROVEMENT STANDARDS

 

(a)        General Public Improvement Construction Standards

 

(1)        Standards

All Public Improvements, including but not limited to water, sanitary sewer, Streets, curbs, gutters, storm sewers and storm drainage, roundabouts, pedestrian facilities, Traffic Calming Devices or traffic control devices shall comply with the construction standards established by the City Engineer or County Engineer, as applicable. Such standards are incorporated herein by reference.

 

(2)        Administration and Fees

 

(i)         Compliance with the items listed in Section 20-811(a)(1) and use of appropriate construction methods shall be determined by the County or City Engineer, as applicable.

 

(ii)        A permit shall be issued by the County or City Engineer, as applicable for the construction of a future Public Improvement prior to commencement of any work activity associated with the improvement.

 

(iii)       A fee in an amount determined by resolution of the Governing Body shall be charged for the permit.

 

(3)          Pre-Pinning in the Unincorporated Area of the County

In the Unincorporated Area of Douglas County, at or before the time of construction of Public Improvements, sufficient grade and alignment stakes shall be set by a licensed Land Surveyor, engaged by the Subdivider to assure compliance with plan, profile and drainage of Streets and such other Public Improvements as are proposed and submitted with the Final Plat and approved by the County Engineer.

 

(i)         Compliance with the items listed above and use of appropriate construction methods shall be determined by the County Engineer.

 

(ii)        A permit shall be issued by the County Engineer for the construction of a future Public Improvement prior to commencement of any work activity associated with the improvement.    

 

(iii)       A fee in an amount set by Resolution of the County Commission shall be charged for the permit.

 

(iv)       This sub-section shall apply only to Subdivisions in which the complete Lot pinning required by Section 20-811(k) has not been completed at the time that the first Public Improvements are installed.

 

(b)        Streets or Roads

 

(1)        City of Lawrence

Subdivision Streets located within the incorporated city limits shall be constructed to comply with standards adopted by the City of Lawrence.

 

(2)        Urban Growth Areas

Subdivision Streets and Roads located within the Urban Growth Areas shall be constructed to the Street and Road standards of the City that established the Urban Growth Area.

 

(3)        Rural Area

Subdivision Roads located within the Rural Area shall be constructed to the higher of the following standards:

 

(i)         Road standards adopted by the Township(s) in which the Road is located;

 

(ii)        Standards for the Road classification specified on Exhibit 9-506 of the County’s Access Management Regulations, Chapter IX of the County Code.

 

(iii)       Other adopted County standards applicable to a Road of the classification and/or location of the proposed Road; or

 

(iv)       At a minimum, adopted Douglas County Rock Roadway Standard.

 

(c)        Sidewalks and Pedestrian Ways

 

(1)        City of Lawrence and Urban Growth Areas

Sidewalks and Pedestrian Ways shall be provided in the City of Lawrence in accordance with the standards of this sub-section:

 

(i)         Public Sidewalks shall be installed on both sides of all Streets, as follows:

 

Street Type

Minimum Sidewalk Width (feet)

Local

5; Minimum width of 4 feet allowed in the Original Townsite Area

Collector

5

Arterial

6; A designated 10’ Bicycle/Recreation Path on one side of the Street and a 6’ Sidewalk on the other side

 

(ii)        Sidewalks shall be constructed in accordance with standards and specifications adopted by the applicable Governing Body.

 

(iii)       Variances

 

a.         The applicant for a Subdivision may request a Variance for the requirement to construct part of or all of the Sidewalks in the Subdivision as part of the Preliminary Plat review in accordance with the Variance procedures outlined in Section 20-813(g).

 

b.         If the Planning Commission takes no specific action on a proposed Variance for part or all of a Sidewalk requirement, the Variance shall be deemed to be denied. In reviewing Variance requests from the standard Sidewalk width, special consideration shall be given to walks adjacent to Collector or Arterial Streets located in historic districts and areas with severe site Topography which would make it impractical or difficult to build a Sidewalk in accordance with the above standards.

 

(iv)       Sidewalks required to be constructed within the same Right-of-Way as the Street being paved shall be constructed concurrently with the paving of the adjacent Roadway or with the first phase of development of a multiple-lot Subdivision, adjacent to any improved Street.

 

(v)        Pedestrian Ways

 

a.         Where an approved Preliminary Plat shows a Pedestrian Way other than a Sidewalk, an improved Pedestrian Way not less than five feet wide in the Easement space dedicated for that purpose shall be provided by the Subdivider.

 

b.            Pedestrian Way Easements shall be improved in accordance with adopted City construction standards for Sidewalks and shall conform to all accessibility requirements of the Americans with Disabilities Act.

 

c.             Completion of such Improvements shall be guaranteed in accordance with Section 20-811(h)(2) or subject to site plan review or non-residential development standards.

 

d.            The responsibility for paving the Pedestrian Way shall be the Developer’s, and these Pedestrian Ways shall be constructed concurrent with the paving of the most adjacent Roadway, unless otherwise provided by the Planning Director in acting on the Final Plat.

 

e.         The responsibility for maintenance of the Pedestrian Way shall be that of adjacent property Owners or the Home Owners Association for the Subdivision.

 

(vi)       Public Improvement Petitions shall include the construction of Sidewalks or Pedestrian Ways, except where the Planning Commission has specifically waived the installation as provided in Section 20-811(c)(1)(iii) above. The total cost of all Sidewalks or Pedestrian Way Improvements shall be borne by the property benefited in the improvement district.

 

(2)        Urban Growth Areas

An Agreement Not to Protest the Formation of a Future Benefit District for the construction of Sidewalks may be required as a condition of approval for Platted Subdivisions in the Urban Growth Areas in accordance with the standards of Section 20-811(c)(1) for the Lawrence UGA or the standards of the applicable city’s UGA.

 

(3)        Rural Area

The Planning Commission may recommend and the Board of County Commissioners shall be authorized to require Sidewalks in other Major Subdivisions when deemed necessary to provide for safe pedestrian connections to nearby schools, parks, shopping, employment or other uses or activities.

 

(d)        Wastewater Disposal Systems

 

(1)        City of Lawrence and Urban Growth Areas

 

(i)         The approval of any Subdivision requiring connection to the City of Lawrence wastewater system is contingent upon the availability and adequacy of the City to provide wastewater services to the area being Subdivided.

 

a.         It is the applicant’s responsibility to ensure their proposed development takes into consideration the City’s long-range plans, studies, reports, and similar documents for wastewater services, including submission of a Downstream Sanitary Sewer Study in accordance with Administrative Policy No. 76.

 

b.         Failure to conform to these provisions warrant denial of the Subdivision Plat.

 

(ii)        On-Site Sewage Management Systems are prohibited on any land which is Platted under these regulations and is located in the City of Lawrence or in Service Area 1 of the Urban Growth Area of Lawrence.

 

(2)        Urban Growth Area and Rural Area

 

(i)         On-Site Sewage Management Systems may be permitted in Subdivisions in Service Areas 2-4 of Lawrence’s Urban Growth Area, other City’s Urban Growth Areas, or in Subdivisions in the Rural Area, subject to the following minimum Lot area standards:

 

a.         For Lots that use well water as the primary Potable Water source, the minimum Lot area for an On-Site Sewage Management System is 5 acres. Any land located within the Floodplain shall not be counted in calculating Lot area for the purpose of meeting minimum Lot area requirements for OnSite Sewage Management System use;

 

b.         For all other Lots, the minimum Lot area requirement for an On-Site Sewage Management System is 3 acres. Any land located within the Floodplain shall not be counted in calculating Lot area for the purpose of meeting minimum Lot area requirements On-Site Sewage Management System;

 

c.         No portion of an On-Site Sewage Management System shall be located within the FEMA designated Floodplain; and,

 

d.         Calculation shall not include land dedicated for Rights-of-Way or exclusive Easements.

 

(ii)        Community Sewage collection and treatment facilities (including lagoons) may be provided for Subdivided or newly created Lots in the Urban Growth Areas or for any other newly created Lots not suitable for an On-Site Sewage Management System.

 

a.         Such systems shall be subject to approval by the Kansas Department of Health and Environment and shall be designed to allow for future connection to a public sewer system.

 

b.         Maintenance of such facilities shall be provided by a Home or Property Owners Association, benefit district (if then permitted under Kansas law), or other appropriate entity. Evidence shall be submitted at the time of Subdivision approval showing the establishment of such an entity to be responsible for maintenance and management of the system.

 

(iii)       In situations in which an On-Site Sewage Management System has been proposed, no Subdivision shall receive final approval until the Subdivider has presented evidence that the On-Site Sewage Management System, as a method of Sewage disposal for the Subdivision, has been approved by the Director of the Lawrence Douglas County Health Department.

 

(3)        On-Site Sewage Management Systems shall be constructed in accordance with the Douglas County Sanitary Code, Resolution 09-44, as amended.

 

(e)        Water Supply

 

(1)        City of Lawrence and Urban Growth Areas

 

(i)         The approval of any Subdivision requiring connection to the City of Lawrence municipal water system is contingent upon the availability and adequacy of the City to provide water services to the area being Subdivided.

 

a.         It is the applicant’s responsibility to ensure their proposed development takes into consideration the City’s long-range plans, studies, reports, and similar documents for water services in accordance with Administrative Policy No. 52.

 

b.         Failure to conform to these provisions warrant denial of the Subdivision Plat.

 

(ii)        Before approval of a Final Plat within Lawrence’s Urban Growth Area that will not be served by the City of Lawrence utilities, the Subdivider shall provide written documentation to the Lawrence-Douglas County Health Department Director and the Lawrence-Douglas County Metropolitan Planning Director that Publicly Treated Water, delivered through a water meter is available to and will be provided for all Lots.

 

(iii)       Before approval of a Final Plat for land located within the City of Lawrence or Lawrence’s Urban Growth Area, the Subdivider must sign an agreement to connect to a municipal water system when public water lines are within 1,000 feet of any planned development on the property and such connection is feasible.

 

(2)        Urban Growth Area and Rural Area

 

(i)         In the Unincorporated County, Subdividers are required to consult with the applicable Fire Department and Rural Water District to determine if the provision of fire hydrants as part of the Public Water Supply system is feasible.

 

(ii)        Where determined by the Fire Department and Rural Water District to be feasible, fire hydrants must be provided.

 

(iii)       Where existing water pressure is insufficient for fire hydrants as part of the Public Water Supply, or where there is no Publicly Treated Water supply, the Subdivider must install dry hydrants adjacent to a pond or other water storage device with sufficient capacity, and in an appropriate location, to support firefighting needs as determined by the applicable Fire Department.

 

(f)        Telephone, Cable Television Electrical Lines

 

(1)        Telephone, cable television and electrical lines must be located underground when located in the City of Lawrence or Subdivisions in Lawrence’s Urban Growth Area. This provision shall not apply to high voltage electrical lines.

 

(2)        The Developer is responsible for the cost of any relocation of existing utilities, if necessary to serve the proposed Subdivision.

 

(g)        Street Trees

All Subdivisions within the City of Lawrence or Lawrence’s Urban Growth Area shall be required to provide a Master Street Tree Plan that meets the standards of this sub-section.

 

(1)        Minimum Tree Requirements

Street trees shall consist of canopy shade and/or ornamental trees, as defined below and meeting the following minimum requirements:

 

(i)         Size

Medium or large trees, as defined by Section 18-103(e) of the Code of the City of Lawrence, Kansas, and amendments thereto, which can reach a mature height of 45 feet or greater are required except that ornamental trees planted pursuant to Section 20-811(g)(2)(iv) are not subject to the 45 feet height requirement. The minimum trunk Caliper of Street trees, at the time of planting, measured six inches above the ground in accordance with the American Nurseryman Standards shall be as follows:

 

Street Tree Type

Minimum Trunk Caliper (inches)

Mature Height (feet)

Canopy Shade

2 (ball and burlap or equivalent)

At least 45

Ornamental

2 (ball and burlap or equivalent)

No more than 20

 

(ii)        Number

One tree shall be provided for every 40 feet of Street Frontage. The Planning Director may approve a Master Street Tree Plan that varies from this requirement to allow for Driveways, utilities, and Intersection visibility requirements.

 

(iii)       Minimum Species Diversity

The following minimum requirements shall apply to all Master Street Tree Plans. To prevent uniform insect or disease susceptibility, a mix of species shall be provided. The City Parks and Recreation Director shall, upon request, provide a list of trees that are acceptable to satisfy the requirements for Master Street Tree Plans. To promote diversity in the Urban forest, the number of trees required to be planted shall be in accordance with the following requirements:

 

Number of Trees per Plat

Minimum Number of Species

1–10

1

11–20

2

21–30

3

31–40

4

41+

6

 (2)       Planting Location and Spacing

 

(i)         Location in RS and RM12D Zoning Districts

 

a.         Street trees shall be located in the front yard, building setback and/or adjacent to the Right-of-Way at a distance not greater than 10 feet from the boundary line of the Right-of-Way; where practical.

 

b.         Street trees shall be planted after planned utilities have been installed.

 

c.         Trees shall be planted no closer than 8 feet from existing underground utility lines, where practical and approved by the Planning Director.

 

d.         On corner Lots, no tree shall be planted nearer than 50 feet from the intersecting curb lines of the two Streets.

 

e.         No tree shall be planted between the curb and the Sidewalk if the clear space is less than 3 feet wide.

 

(ii)        Location in all Other Zoning Districts

 

a.         Street trees shall be located either within the Street Right-of-Way or within the required front yard building setback, PROVIDED,

 

b.         No tree is located farther than 30 feet from the back of the curb, with the exception of Lots on the radius of a Cul-de-sac which shall be located not greater than 45 feet from the back of the curb, where practical.

 

c.         Street trees shall be planted after planned utilities have been installed.

 

d.         Trees shall be planted no closer than 8 feet from existing utility            lines, where practical and approved by the Planning Director.         

 

e.            On corner Lots, no tree shall be planted nearer than 50 feet from the intersecting curb lines of the two Streets.

 

f.          No tree shall be planted between the curb and the Sidewalk if the clear space is less than 3 feet wide.

 

(iii)       Spacing

 

a.            Street trees shall be evenly spaced along the Street Frontage.

 

b.         As alternative, Street trees may be clustered, if based on Planning Director evaluation, conditions exist which dictate building location and Driveway placement which interrupts the even spacing of Street trees. Such conditions include:

 

1.            The Lot is on a corner;

 

2.         The presence of existing trees, which qualify for credit under Section 20-811(g)(5);and/or

 

3.         Topographic conditions (i.e. steep gradient, rock outcroppings).

 

(iv)       Overhead Lines and Fixtures

If the planting site will prevent the growth of canopy shade trees due to overhead utility lines, ornamental trees shall be permitted as a substitution for the canopy shade trees in accordance with the Location and Spacing requirements of this Section and shall be subject to the following requirements:

 

a.         The canopy of the ornamental tree(s) shall be no closer than 10 feet from the overhead lines and its mature height shall not exceed 20 feet; and

 

b.         The ornamental tree(s) shall be planted at least 15 feet away from any Street light.

 

(v)        Cul-de-sac Lots

Lots on Cul-de-sacs that have a Street Frontage of 45’ or less shall be required to provide only one Street tree per Lot.

 

(3)        Master Street Tree Plan

 

(i)         A proposed written and graphic Master Street Tree Plan shall be submitted at the time a Final Plat is submitted to the Planning Department for review.

 

(ii)        Prior to recording the Final Plat with the Register of Deeds, the applicant shall provide a Master Street Tree Plan that is signed and properly acknowledged by the property Owner(s). The Master Street Tree Plan shall be written to be binding on present and future property Owners. A reference line shall be provided on the Final Plat indicating the book and page where the Master Street Tree Plan is filed which shall be completed at the time the Final Plat is recorded at the Register of Deeds.

 

(iii)       The Master Street Tree Plan shall be prepared in a format established by the Planning Director and shall include the following information:

 

a.         A list of acceptable Street tree types;

 

b.         The number of trees to be provided for each Lot;

 

c.         The number, location and size of existing trees proposed to be saved and applied to the fulfillment of this requirement;

 

d.         The provisions to be taken pursuant to Section 18-107 of the Code of the City of Lawrence, Kansas during construction for the protection of existing trees to be saved (if any);

 

e.         If trees are proposed in Street medians, provisions for maintenance (including how water line extensions will be paid); and

 

f.          The identification of power line locations.

 

(4)        Provision of Right of Entry

 

(i)         Each Final Plat for detached or attached single Dwelling residential structures to be built on individual Platted Lots in a City residential Subdivision in RS and RM12D zoning districts shall contain the following note on the face of the Final Plat: “The City is hereby granted a temporary right of entry to plant the required Street trees pursuant to Section 20-811(g) of the City Subdivision Regulations.”

 

(ii)        For Final Plats filed before January 1, 2002, for detached or attached single Dwelling residential structures to be built on individual Platted Lots in a City residential Subdivision in RS and RM12D zoning districts, the property Owner of undeveloped Lots for which a city building permit has not been issued shall sign a consent form and submit it with the building permit application granting the City of Lawrence temporary right of entry to plant the required Street trees pursuant Section 20-811(g) of the City Subdivision Regulations.

 

(5)        Credits for Existing Trees

Existing trees may be applied toward the fulfillment of this Street tree requirement when:

 

(i)         All of the following conditions exist:

 

a.         The tree is healthy and of a species the Director of the Parks and Recreation Department or his/her designee determines to be desirable as a Street tree;

 

b.         The existing tree is within the Street Right-of-Way or within 30 feet of the back of the curb or proposed curb line;

 

c.         The tree(s) Caliper of a canopy shade tree is at least four inches measured six inches from the ground, or in the case of an ornamental tree, the tree Caliper is at least two inches, measured six inches from the ground, in accordance with the American Nurseryman Standards;

 

d.         The applicant has submitted a tree protection plan that conforms with the requirements of Section 18-107 of the Code of the City of Lawrence, Kansas, and amendments thereto, and

 

e.         The existing or proposed location of overhead utility lines along the Street Right(s)-of-Way will not prevent the full growth of the Street tree.

 

(6)        Timing of Landscape Placement

 

(i)         The timing of, and manner in which the Street trees shall be planted for detached or attached single Dwelling residential structures to be built on individual Platted Lots in city residential Subdivisions in RS and RM12D Zoning Districts shall be in accordance with City Administrative Policy No. 83.

 

(ii)        For all other required Street trees not covered by (i) above, and/or developments requiring a site plan or development plan:

 

a.         Trees shall be installed, after other Public Improvements, if water is available for their care and maintenance. The property Owner or his designee shall be required to guarantee planting of the tree at the time a building permit application is submitted.

 

b.         Street trees shall be planted prior to final building inspection or the issuance of an occupancy permit. Consideration shall be given to seasons of the year and adverse weather conditions in requiring completion of tree planting PROVIDED, the guarantee for planting is extended to the date of completion of tree planting.

 

c.         Guarantee shall be provided in the following form:

 

1.         A cash escrow deposit in a financial institution authorized to do business in Kansas in an amount set forth in the City of Lawrence Administrative Policy No. 83. This escrow deposit shall be invested and reinvested by such bank or savings and loan, the interest or discount from which shall be paid to the Subdivider upon final release of such escrow deposit as determined by Section 20-811(i). Money will be withdrawn to pay the Developer or a designated nursery after the installation of said trees and prior to the issuance of a final certificate of inspection; or

 

2.         The appropriate Governing Body, at its discretion, may accept an irrevocable letter of credit from a financial institution or a corporate surety performance bond in lieu of a cash escrow deposit to insure the planting of the required Street trees.

 

(7)        Continuing Maintenance

 

(i)         Continuing maintenance of trees planted by the City shall be in accordance with the maintenance provisions set forth in City of Lawrence Administrative Policy No. 83.

 

(ii)        For all other required Street trees not covered by Section 20-811(g) and/or developments requiring a site plan or development plan, the on-going maintenance of trees, once planted, shall be the responsibility of the property Owner adjacent to the public Right-of-Way or Private Street. If a Street tree dies or fails to be planted within one calendar year of issuance of an occupancy permit, the City shall notify the property Owner of the need to plant or replace the tree(s) as applicable. Should the property Owner fail to plant or replace the tree within 30 days of notification, the City shall reserve the right to cause the required trees to be installed and the cost of the tree(s), plus the cost of installation of the tree(s), shall be assessed to the property Owner.

 

(h)        Completion of Public Improvements

Before a Final Plat or Minor Subdivision/Replat may be recorded, the Subdivider shall:

 

(1)        Provide written certification from the City or County Engineer, as applicable, that all required Public Improvements in that portion of a Subdivision authorized for development have been completed in accordance with applicable Design and Public Improvement Standards of this Article; or

 

(2)        Provide for one or more of the following means of ensuring completion of required Public Improvements:

 

(i)         A Public Improvement Petition for construction and installation of all or a portion of the required Public Improvements.           

 

(ii)        A cash escrow deposit in an amount estimated by the appropriate Engineer to be sufficient to assure the appropriate Governing Body of the construction and installation of the uncompleted portion of the required Public Improvements in accordance with applicable improvement standards;

 

(iii)       An irrevocable letter of credit from a financial institution qualified to do business in Kansas, in a form satisfactory to the appropriate Governing Body, in an amount estimated by the appropriate Engineer to be sufficient to assure the appropriate Governing Body of the construction and installation of required Public Improvements in accordance with applicable improvement standards; or

 

(iv)       Approval subject to conditions:

 

a.         The Planning Director may approve the Final Plat subject to the condition that it not be recorded until the City Engineer or County Engineer, as applicable, has determined that all required Public Improvements have been completed in accordance with the standards of this Article and related design standards of the applicable local government.

 

b.         If the required Improvements are not timely completed, the City Engineer or County Engineer with the Planning Director may submit the Final Plat to the appropriate Governing Body for further consideration; after giving the Subdivider an opportunity to be heard, the appropriate Governing Body may:

 

c.         Authorize the Planning Director to rescind the approval of the Plat, require additional assurance for completion of the Public Improvements,

 

d.         Authorize the recording of the Final Plat without further Improvements, or

 

e.         Extend the timeline for completion of the Public Improvements.

 

(v)        The appropriate Governing Body may, at its discretion, determine which of such methods for ensuring completion of required Public Improvements shall be required.

 

(i)         Escrow Deposit

 

(1)        The amount of the cash escrow deposit determined in accordance with Section 20-811(h)(2)(ii) shall be deposited by the appropriate Governing Body in a special escrow account in the commercial bank in which the funds of such appropriate Governing Body are then deposited.

 

(2)        This escrow deposit shall be invested and reinvested by such bank in shortterm government securities, the interest or discount from which shall be paid to the Subdivider upon final release of such escrow deposit as hereinafter provided.

 

(3)        Upon written certification from the City or County Engineer, as applicable, that the required Improvements have been 30% completed, the appropriate Governing Body shall release 30% of such escrow deposit to the Subdivider.

 

(4)        Upon a like certification that the required Public Improvements have been 50% and thereafter, 75% completed, the appropriate Governing Body shall release 20% and 25% respectively, of the original escrow deposit to the Subdivider.

 

(5)        Upon written certification from the appropriate Engineer that the required Public Improvements have been completed in accordance with applicable improvement standards, the balance of such escrow deposit, together with all earnings accrued thereon, shall be released to the Subdivider.

 

(j)         Irrevocable Letter of Credit

 

(1)        The amount of an irrevocable letter of credit determined in accordance with Section 20-811(h)(2)(iii) shall be submitted by the Subdivider to the City or County Engineer, City or County Public Works Director or City Municipal Services and Operations Director, or other designated representative.

 

(2)        By the 10th of each month, the City or County Engineer or other designated representative shall certify to an Agent of the financial institution, estimates of the amount of work completed by the contractor.

 

(3)        The financial institution may submit a new letter of credit, which would reflect the balance of work remaining to be completed as determined by the City or County Engineer to replace the previous letter of credit.

 

(4)        Ten percent of the total project cost shall be retained until the City Engineer or County Engineer, whichever is appropriate, has accepted all of the Public Improvements in that phase of the Subdivision.

 

(k)        Lot Pinning

 

(1)        Pins for all corners of the Subdivision and for all Lot corners shall be set and the completion of the setting certified by the responsible Land Surveyor before a Final Plat or Replat is recorded.

 

(2)        As an alternative to Section 20-811(k)(1), before the recording of a Final Plat or Minor Subdivision/Replat with the Register of Deeds, the Developer or Owner shall provide certification to the Planning Director that the Subdivision’s boundaries are pinned and there is a contract with a licensed Land Surveyor to pin the Lots after completion of Street and Public Improvements.

 

(3)        A Major Subdivision can be pinned or staked in phases that are coincident with:

 

(i)         The Street construction and development phase;

 

(ii)        The placement of utilities within the designated utility Easements phase; and

 

(iii)       The pouring of building foundations for slabs for building construction (issuance of a building permit phase).

 

(4)        At the time the Public Improvement Plans are submitted to the Public Works Municipal Services and Operations Director for approval, the center lines of Right(s)-of-Way shall be identified by establishing the following control points:

 

(i)         Points of Intersection (PI);

 

(ii)        Points of Tangency (PT); and,

 

(iii)       Points of Curvature (PC).

 

(5)        Simultaneously with the construction of Public Improvements, staking or pinning of the Subdivision boundary corners and key points along the Easement(s) shall be completed to provide the following information:

 

(i)         The Intersection of four or more Lots;

 

(ii)        Points of curvature; and

 

(iii)       Points of Intersection with other Easements.

 

(6)        At the time of application for a building permit, the Developer or builder of the Lot shall present certification (letter stamped by a licensed Land Surveyor) to the Building Safety Manager to assure Lot corners are pinned and pins are found or set.

 

SECTION 4. Existing Chapter 20, Article 8, Sections 20-809, 20-810, and 20-811, of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, are hereby repealed in their entirety, it being the intent of the Governing Body that this ordinance supersede the repealed Code sections.

 

SECTION 5. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance. 

 

SECTION 6. After passage, approval, and publication, as provided by law, this ordinance shall be in full force and effect commencing January 1, 2019.

 

PASSED by the Governing Body of the City of Lawrence, Kansas, this _ day of ______, 2018.

 

APPROVED:

 

 

___________________________________

Stuart Boley, Mayor

ATTEST:

 

 

__________________________________

Sherri Riedemann, City Clerk

 

APPROVED AS TO FORM:                   

 

 

__________________________________

Toni R. Wheeler, City Attorney