Article 4. Procedure For Approval of Preliminary and Final Plats

19.4.1.     Application process.

Any person desiring or required to subdivide land that is subject to the provisions of these regulations shall file with the Zoning/Zoning Administrator an application that states the name and address of the person making the application, identifies the location of land to be subdivided, and describes the proposed subdivision in general terms, including the approximate number of proposed lots and typical lot widths and depths. A proposed sketch plan of the subdivision shall be attached to the application.

19.4.2.     One-step expedited platting process.

For any plat required by these regulations meeting the following requirements, an expedited review process may be permitted upon Zoning Administrator approval:

The proposed plat of subdivision shall include not more than ten acres if a residential plat, nor more than five acres for any other type of plat.

The proposed plat of subdivision shall create not more than five lots, tracts or parcels of land.

No public street or easement of access, e.g., a utility or drainage easement, is sought to be dedicated or is contemplated or projected through (as opposed to adjacent to) the lot, tract or parcel proposed to be subdivided or re-subdivided.

The proposed plat of subdivision shall be in the form required by Article 5 of these Regulations and shall contain all the data, information, and certificates required on final plats as well as the supplemental information, including topographic information.

Submission of the fees as required.

A one-step expedited plat shall allow:

Waiver of the sketch plan requirements, provided the preliminary plat is submitted at the time of application;

Ability to submit a combined preliminary plat and final plat, along with all additional documentations, concurrently;

Ability to request simultaneous approval of the preliminary plat and final plat by the Planning Commission, provided that all interested parties have been given the required 15 day response period to review plats.

Contents of plans and plats shall include the same information required for non-expedited plats. All other requirements and processes shall remain the same as set out in these regulations.

19.4.3.     Sketch plan.

Upon receiving an application for approval of a subdivision, the Zoning Administrator shall consider the application and shall be available to confer with the subdivider to develop a sketch plan of the subdivision appropriate to be the basis for development of a preliminary plat for submission to the Planning Commission. The sketch plan shall contain the data and information required by these regulations.

The Zoning Administrator shall approve the sketch plan when it contains enough data and information to develop a preliminary plan appropriate for presentation to the Planning Commission. Approval of a sketch plan does not guarantee that the Planning Commission will approve a preliminary or final plat, but it is intended to assist the subdivider with providing a preliminary plat to the Planning Commission that conforms to the terms of these regulations. When a subdivider has received written approval of a sketch plan from the Zoning Administrator, then the subdivider may proceed with the preparation of the preliminary plat.

19.4.4.     Filing of a preliminary plat.

20 copies of the preliminary plat shall be filed with the office of the Zoning Administrator, or their designee, within six months of the date that the Zoning Administrator has approved the Sketch Plan.

19.4.5.     Contents of a preliminary plat.

The preliminary plat shall contain information and data set out in Article 5 of these regulations.

19.4.6.     Distribution and review of preliminary plat.

Upon receipt of the preliminary plat and supporting data required in this section, the Zoning Administrator shall perform the following tasks:

Certify the application as complete and affix the date of application acceptance on the preliminary plat.

Place the preliminary plat on the agenda for consideration at the next regularly scheduled meeting of the planning commission if the plat has been received 20 days prior to a regularly scheduled Planning Commission meeting.

Distribute a copy of the preliminary plat to appropriate public officials, City Engineer and any affected utility companies for review and comment.

Distribute one or more copies of the preliminary plat to affected and interested governmental and public and private organizations as may be deemed appropriate for the particular proposed subdivision. Organizations receiving copies shall have 15 days to review the preliminary plat and to make their comments and recommendations to the Planning Commission. A lack of response in 15 days shall, at the discretion of the Planning Commission, signify approval, unless during this period a written request for an extension of time not to exceed 10 days is submitted to the Planning Commission. The zoning administrator shall forward all such comments received along with a staff report to the Planning Commission recommending approval, conditional approval or denial of the preliminary plat.

Cause a notice of public hearing to be published in the City’s officially designated newspaper giving the name of the subdivision, the appropriate acreage of land and location, and all other pertinent information. The notice shall be published at least 20 days prior to the regularly scheduled Planning Commission meeting at which approval of the plat is sought.

19.4.7.     Action by the planning commission on the preliminary plat.

The Planning Commission shall review the preliminary plat and consider the report and recommendation of the agencies, departments and persons to whom the preliminary plat has been submitted for review. The Planning Commission shall conduct a public hearing, at which time interested persons may attend and offer evidence in support of or against such preliminary plat. Rules for public hearing procedures may be set forth within the By-laws of the Planning Commission.

After the Public Hearing is closed, the Planning Commission shall determine on the basis of all evidence before it, whether the preliminary plat generally meets the design standards and requirements of these regulations, the development plan of the City and the zoning regulations of the City, other applicable provisions of the ordinances of the City, or the applicable zoning regulations of the unincorporated area.

If the foregoing considerations are satisfied, the Planning Commission shall approve the preliminary plat.

If the Planning Commission determines that the preliminary plat does not satisfy the requirements of these and other applicable Regulations it may suggest modifications so as to satisfy such violations, and if suggested modifications are made;

The subdivider may amend the preliminary plat so as to incorporate such modifications and re-submit the preliminary plat to the Planning Commission, which shall then grant its approval if such amendments satisfactorily incorporate the suggested modifications; or

The subdivider may reject the suggested modification or within the time allowed by the Planning Commission for such action, may refrain from taking any action thereon. In either event the preliminary plat shall be deemed to have been disapproved and the Planning Commission shall thereupon furnish the subdivider a written statement setting forth the reasons for disapproval of the preliminary plat.

If the Planning Commission determines that the preliminary plat does not satisfy the foregoing conditions, it shall disapprove the preliminary plat and immediately notify the subdivider of its action by furnishing the subdivider a written statement setting forth the reasons for disapproval of the preliminary plat.

The foregoing provisions to the contrary notwithstanding, the Planning Commission shall approve or disapprove the preliminary plat within 60 days from the date of filing of the preliminary plat or from the date the subdivider has submitted the last item of the required data, whichever date is later, unless such time is extended by mutual consent. If the preliminary plat is disapproved within 60 days thereafter, the Planning Commission shall furnish the subdivider a statement in writing setting forth the reasons for disapproval and specifying with particularity the aspects in which the proposed preliminary plat fails to conform to the requirements of these regulations.

The subdivider may appeal the disapproval of his preliminary plat to the Board of Zoning Appeals. Such appeal shall be made in writing and filed with the City Clerk within 60 days after the date the Planning Commission issues its statement setting forth its reasons for disapproval of the preliminary plat.

If the Planning Commission fails to approve or disapprove the preliminary plat within 60 days after the date such plat is filed or from the date the subdivider has filed the last item of required data, whichever date is later, then such preliminary plat shall be deemed to have been approved, unless the subdivider shall have consented in writing to extend or waive such time limitation.

19.4.8.     Action following approval of a preliminary plat.

Approval of the preliminary plat shall signify the general acceptability of the proposed subdivision and shall be considered permission to prepare the final plat and such other items as are needed or required for submission with the final plat.

Such approval be effective for no more than 12 months from the date approval was granted, unless, upon application from the subdivider, the Planning Commission grants an extension of time beyond such period. If a final plat for the entire subdivision or a unit thereof has not been filed with the City Manager within such period, or any extensions granted thereto, the preliminary plat must be resubmitted to the Commission as if such plat had never been approved, except that no additional fee shall be charged for such resubmittal if there are no substantive changes from the previous preliminary plat approval.

19.4.9.     Filing of final plat.

The final plat, together with 30 copies thereof, shall be filed with the Zoning Administrator at least 20 days prior to the regular meeting at which it is to be reviewed by the Planning Commission, and within 12 months after the date that the preliminary plat has been approved.

19.4.10.     Staff review and actions.

Upon receipt of the final plat and supporting data required in this section, the Zoning Administrator shall perform the following tasks:

Certify the application as complete and affix the date of application acceptance on the final plat.

Place the final plat on the agenda for consideration at the next regularly scheduled meeting of the Planning Commission if the plat has been received 20 days prior to a regularly scheduled Planning Commission meeting.

Distribute a copy of the final plat to appropriate public officials, City Engineer and any affected utility companies for review and comment.

Coordinate a general staff review, and forward all comments received along with a staff report to the Planning Commission recommending approval, conditional approval or denial of the final plat.

19.4.11.     Planning commission action on the final plat.

The Planning Commission shall, within 60 days after the first meeting of the Commission following the date that the final plat with all required data is filed with the Zoning Administrator, review and approve the final plat by a majority vote of the members present and voting if:

It is substantially the same as the approved preliminary plat;

There has been compliance with all conditions which may have been attached to the approval of the preliminary plat; and

It complies with all of the provisions contained in these regulations and with all other applicable regulations or laws.

If the Planning Commission fails to approve or disapprove the final plat within the 60 days designated by state law for its consideration, it shall be deemed to have been approved and a certificate shall be issued by the Secretary upon demand, unless the subdivider shall have consented in writing to extend or waive such time limitation. (See K.S.A. 12-752[b].)

19.4.12.     Submittal to governing body of final plat.

Before a final plat is recorded, it shall be submitted to the City Clerk for inclusion on the agenda of the Governing Body for approval and acceptance of streets and other public ways, service and utility easements, land dedicated for public use, and Developer’s Agreement for construction and payment of streets and utilities.

19.4.13.     Governing body action on final plat.

The Governing Body shall approve, conditionally approve (stating conditions), or disapprove the dedication of any land for public purposes and the associated Developer’s Agreement by a majority vote within 30 days after the first meeting of the Governing Body following the date of the submission of the plat to the Clerk. The Governing Body may defer action for an additional 30 days for the purpose of allowing for modifications of the plat or Developer’s Agreement to comply with the requirements established by the Governing Body. If the Governing Body defers action on the plat or declines to accept the dedications thereto, it shall advise the Planning Commission and the subdivider in writing of the reasons therefore. Acceptance of the dedications on the plat shall be shown over the signature of the Mayor and attested to by the Clerk.

19.4.14.     Acceptance of dedications by county.

All final plats of real property located outside the City shall also be submitted by the subdivider to the appropriate County official for presentation to the Board of County Commissioners for their acceptance of dedications for street rights-of-way and other public ways, drainage and utility easements, and any land dedicated for public use and accompanied by guarantees for the installation of required improvements according to K.S.A. 12-752.

19.4.15.     Recording of final plat.

The final plat with all required signatures and in the exact form as accepted by the Governing Body shall be recorded by the subdivider with the County Register of Deeds. The subdivider shall pay the recording fee and any outstanding real estate taxes and special assessments.

If the final plat has not been approved and recorded as required by the provisions of this regulation that six month period immediately following the approval of the final plat, or any extensions granted thereto by the Governing Body, the preliminary plat must be re-submitted to the Planning Commission as if no such plat had ever been approved, except that no additional fee shall be charged for such re-submission. This period of time to file the final plat shall be tolled droning the pendency of litigation if a legal action is filed by a third party following approval of the final plat by the Governing Body claiming an action of the City was in violation of these Regulations.

The subdivider shall submit to the City Manager such number of copies of the recorded plat as is necessary for record keeping purposes of the City and other affected governmental agencies.

19.4.16.     Unit developments.

The foregoing provisions of these regulations to the contrary notwithstanding, an approved preliminary plat may be submitted for final approval in separate geographic units rather than as a whole, provided the following conditions are met:

Each unit of a plat of subdivision shall contain an area of sufficient size based on physical conditions and ability to install improvements and infrastructure economically.

The approval of the Planning Commission as to the feasibility of such development, in separate units, including the feasibility of the proposed sequence of development, shall be secured at the time of approval of the preliminary plat.

A final plat of at least one unit shall be filed within 12 months from the date of approval of the preliminary plat, and final plats of all such units shall be filed within five years from the date that the preliminary plat was approved. The Planning Commission on application of the subdivider, may, from time to time, grant extensions of time within which to submit such final plats, provided that each such extension(s) shall total no more than one year.

All steps required for the approval of final plats, including the recording thereof, shall be adhered to with respect to each unit so submitted.

A replat of all or a portion of a recorded final plat may be submitted at any time.