Article 5. Contents of Plans and Plats
19.5.1. Form of plans and plats.
Plats shall be prepared with the following accuracy:
Sketch plans shall be to scale. They may be submitted in free hand form.
Preliminary plats shall be drawn to scale with such accuracy as to determine the location of a lot, block, property and boundary lines, utility and other facilities, to the nearest foot.
Final plats shall be prepared with the accuracy required for traverse data. The following sheets or drawings shall be submitted with the final plat:
Traverse data, for the plat, including the coordinates of the boundary of the subdivision with the error of closure. The error of closure for a perimeter distances less than ten thousand (10,000) feet in length, the error of closure shall be less than one (1) in ten thousand (10,000).
The computation of all distances, angles and courses that are shown on the final plat.
All stakes, monuments or other evidence found on the ground in use to determine the boundaries of the plat.
19.5.2. Contents of sketch plan.
The sketch plan shall show the location of the proposed subdivision (vicinity map), the proposed layout of streets, lots and other features of the subdivision in relation to existing conditions, proposed use of land, proposed parks, playground and other public areas. The subdivider shall submit with the sketch plan:
A statement describing the proposed or adopted covenants, anticipated and available community features, and utilities on and adjacent to the property to be subdivided;
A statement of the approximate number of lots the subdivision will contain, together with the typical proposed lot width and depth.
19.5.3. Contents of preliminary plat.
The preliminary plat shall be drawn at a scale of not less than one inch equals 100 feet; however, areas over 100 acres may be at a scale of one inch equals 200 feet. The appropriate fee shall be paid upon filing and 20 copies of the preliminary plat shall accompany the application. In addition information must be submitted on electronic media compatible with the City’s systems.
General Information. The following general information shall be shown on the preliminary plat:
Proposed name of the subdivision not duplicating or resembling the name of any plat heretofore recorded within the area of jurisdiction of these regulations. The use of the word "Addition" should be used for a plat which has just been or is in the process of being annexed and not for the subdivision of land already in the City.
Date of preparation, north point and scale of drawing.
An identification clearly stating that the drawing is a preliminary plat.
Location of the subdivision by quarter-section, section, township and range and by measured distances to a section corner to further define the location and boundary of the tract.
Names of adjacent subdivisions or, in the case of unplatted land, the name of the owner or owners of adjacent property.
The name and address of the landowner, the subdivider and the name and seal of the land planner who prepared the plat and surveyor who did the topographic survey.
Existing Conditions. The following existing conditions shall be shown on the preliminary plat:
The location, right-of-way, width and names of all existing public or private streets within or adjacent to the tract, together with easements, railroad rights-of-way and other important features such as section lines and corners, city and township boundary lines and monuments.
The horizontal location within the subdivision and the adjoining streets and property of existing sanitary and storm water sewers including flow lines, water mains, culverts, catch basins, manholes, fire hydrants, underground wiring, pipe lines and gas lines proposed to serve the subdivision.
Contour lines or spot elevations based on Mean Sea Level (MSL) or other datum approved by the Planning Commission having the following intervals:
Two-foot contour intervals for ground slopes less than 10%.
Five-foot contour intervals for ground slopes exceeding 10%.
Spot elevations where the ground is too flat for contours.
The date of the topographic survey shall be shown including the location, elevation and description of the bench mark controlling the vertical survey.
Locations of existing monuments or survey markers used in preparation of the survey.
The location and direction of all watercourses and areas subject to flooding as determined by these Regulations and the FIRM.
Significant natural features including, but not limited to rock out croppings, wetlands, ponds and wooded areas.
Existing use of the property including the location of all existing structures showing those that will be removed and those that will remain on the property after the final plat is recorded.
Boundary line of proposed subdivision clearly indicated and total acreage therein.
Zoning district classifications on and adjacent to the tract, if any.
Proposed Subdivision Plat. The following information with respect to the manner in which the tract is to be subdivided and developed shall be included on the preliminary plat:
Streets and sidewalks, showing the location, right-of-way, width, names and approximate grades thereof. The preliminary plat shall show the relationship of all streets and sidewalks to any projected streets and sidewalks shown or to any related Comprehensive Plan proposal or, if none proposed, then as determined by the Planning Commission.
Street names which do not duplicate any heretofore used in the City or its environs, unless the street is an extension of or in line with an already named street, in which event that name shall be used. Appropriate prefixes and suffixes which provide relative direction and type of street should accompany such names. Street names shall be subject to the approval of the Planning Commission and follow the applicable City's or County's Street Naming and Property Numbering Policy, if adopted. Property numbers are assigned by the City or County depending upon the agreed upon jurisdictional policy.
Easements showing width and purpose such as for utilities, drainage, screening, open space, pedestrian ways and alleys.
Location and type of utilities to be installed.
Lots showing approximate dimensions, minimum lot sizes and proposed lot numbers and block letters or numbers.
Sites, if any, to be allocated for development with other than single-family dwellings or to be dedicated or reserved for park, recreation area, open space or other public or private purposes.
Proposed building setback lines, if any, but not less than applicable zoning regulations. The setback should be measured from the existing or proposed street right-of-way, whichever is a greater distance.
Additional Data and Information to be Submitted with the Preliminary Plat. The following information shall be submitted in separate statements and/or drawings accompanying the preliminary plat, or, if practical, such information may be shown on the preliminary plat:
A vicinity map showing existing subdivisions, streets and unsubdivided tracts adjacent to the proposed subdivision and showing the manner in which the proposed streets may be extended to connect with existing streets. Such vicinity map shall also include a location map that identifies the area of the municipality in which the tract to be subdivided is to be located.
A statement as to the general nature and type of improvements proposed for the subdivision, and in what manner the subdivider intends to finance and provide for their installation, e.g., petition, actual construction, fiscal guarantee, etc. If other than by petition, the approximate time that such improvements will be completed should be indicated. If the latter, the statement shall contain sufficient detail with respect to the proposed improvements to permit a determination to be made with respect to whether such improvements will comply with this regulation and other applicable statutes, ordinances and regulations. If the nature of the improvement is such that it is not practical to prepare and submit all necessary details prior to the approval of the preliminary plat, then the Planning Commission may waive the submission of such details provided that the additional data is submitted at least 30 days prior to the date that approval of the final plat is requested.
A drainage concept showing the means by which storm waters shall be accepted from adjacent properties, handled internally and drained from the tract, to include an analysis of adjacent properties, all to be based on standards and policies of the City.
Off site improvements may be required for some developments; studies and data submittals may be required by the City Engineer to make that determination.
19.5.4. Conformance with preliminary plat.
No final plat shall be considered for approval unless all provisions of these subdivision Regulations have been met, including compliance with conditions set forth by the Planning Commission on the preliminary plat, and no final plat shall be considered if it differs materially from the preliminary plat as previously approved by the planning commissioners.
19.5.5. Preliminary PUD plat
Required for all C-2 Commercial Districts, M-1 Manufacturing and Industrial Districts or any combination thereof.
Sheet Size: The site plan should be no larger than 11” x 17” and no smaller than 8 ½” x 11”. Site plans for larger projects (greater than 6 acres), may be larger, with the approval of City Staff. All information must be submitted on electronic media compatible with the City’s systems.
Title: A brief description of the PUD.
Applicant Name: Name of the applicant and the agent who prepared the drawing, if applicable.
North Arrow: Indicate the north direction with respect to the project, Lot, or structure.
Scale: The scale should be adequate to portray the project, Lot, or structure on the sheet size required. For example, a Lot that is 70 feet by 100 feet can adequately by portrayed at a scale of 1” – 20’ (in inch equals 20 feet) on an 11” x 17” sheet of paper. The scale should not be smaller than 1” = 20’ and 1” = 50’ for larger properties; projects involving 100 acres will use 1”=100’ and in excess of 100 acres use 1”=200’ for the overall plan, but will utilize ballooned detail pages to expanded information as necessary.
Dimensions: In addition to adequate scale representation, all key features (lot, buildings, driveways, etc.) on the site plan shall have dimensions in feet noted for all sides.
Legal Description: Legal description of Lot(s) or parcels included in the PUD. This description can be in the form of Lots and Blocks.
Existing Conditions: Indicate all structures and features as they exist on the property. These should be drawn to scale, as described above, and shall include, but not be limited to:
All structures and buildings
Parking Spaces
Fences
Significant trees or stands of trees
Other landscaping
Floodplains
Water area or features
Significant topographical features
Utilities, above and below ground
Drainage patterns
All required zoning setbacks and easements: Using a dashed line, indicate all required zoning setbacks and utility, drainage, or other easements relative to the project, Lot(s), or structure.
All roads/streets adjacent to the property and access points off of those roads: Indicate all roads/streets, including the rights-of-way that surround or intersect the property, including alleys. Indicate all points of access (driveways) from the streets to the project, Lot (s), or structure. Indicate how each road/street is developed, e.g. paved, dirt, undeveloped.
Surrounding structures and uses if appropriate: Indicate surrounding uses and zoning as they apply to the request.
PUD content that would require the Planning Commission to review and recommend an outcome to the City Council- such as a new plat map or replat, zoning change, or vacation: Include all drawings and information for plats as if requesting each element separate, but within the PUD.
Gross acreage of plat acres
Total number of lots
Predominant minimum lot width and area
Access control
If the aforementioned modifications or additions are extensive relating to zoning changes, vacations, or other special use, a second site drawing might be necessary to clarify the changes. These modifications or new features may include, but are not limited to:
Buildings
Structures
Parking areas
Vehicular drives
Pedestrian walks
Location and height of light fixtures
Location of trash receptacles and loading areas
Landscaped areas
Screening
An application shall be accompanied by a current (less than 45 days old) abstractor’s certificate containing a legal description of the area in the application as well as the name and address of the owner, and shall include the names and mailing addresses (with zip codes) of all property owners within the prescribed distance measured from the perimeter of the application area.
A Preliminary PUD must contain design and material quality as well as contain harmony and be compatible with the architectural style and principles of the overall character of the neighborhood.
19.5.5. Contents of final plat.
The final plat shall be prepared by a licensed land surveyor and drawn in waterproof black ink on Mylar or its equivalent. Alternatively, a final plat may be prepared with a photographic process provided it is submitted on .004 inch polyester photographic film such as Mylar or its equivalent. The permitted page sizes shall be 24 inches by 36 inches or smaller. Larger sizes will not be accepted. The scale shall be not less than 100 feet to one inch except that a variation in scale may be allowed where the Planning Commission determines it is necessary for a proper exhibit of the subdivision. When more than one sheet is used for any plat, each such sheet shall be numbered consecutively and each such sheet shall contain a notation showing the whole number of sheets in the plat and its relation to other sheets (e.g., Sheet 1 of 3). Linear dimensions shall be given in feet and decimals of a foot. The final plat shall show on the face thereof:
The name of the subdivision followed by a reference to its location by quarter-section, section, township and range.
The date of preparation, scale, north point, legend and controlling physical features, such as highways, railroads, watercourses and areas subject to flooding as determined by the City’s FIRM, and all other applicable regulations and information.
Legal description of the tract boundaries.
Reference ties to existing and previous surveys and plats, as follows:
Government corners and/or adjoining corners of all adjoining subdivisions, or corners of existing plats, when a replat.
Section, township and range.
When the city or county has established the centerline of the street adjacent or within the proposed subdivision, the location of such centerline and monuments found or reset shall be shown.
All other monuments required to be installed by the provisions of this regulation.
Location and elevation of permanent bench mark.
Tract boundary, block boundary, street and other right-of-way lines with distances and angles (and/or bearings). Where these lines follow a curve (all curves must be circular), the central angle, the radius, points of curvature, length of curve and length of intermediate tangents shall be shown. Error of closure of the perimeter survey shall not exceed one foot for each 10,000 feet.
Lot lines with dimensions. Side lot lines shall be at right angles or radial to street lines unless otherwise shown. Rear lot lines shall be parallel to block or tract lines unless otherwise indicated. Points of deflection of rear lot lines shall be indicated by angles and distances.
Lot numbers beginning with number one and numbered consecutively in each block. The numbers shall be solid and of sufficient size and thickness to stand out, and so placed as not to obliterate any figure.
Block letters or numbers continuing consecutively without omission or duplication throughout the subdivision. Such identification shall be solid, of sufficient size and thickness to stand out, and so placed as not to obliterate any figure.
All easements shall be denoted by fine dashed lines, clearly identified and, if already on record, the recorded reference of such easements. If an easement is not definitely located of record, a statement of such easement shall be included. The width of the easement with sufficient ties to locate it definitely with respect to the subdivision must be shown and its purpose such as for utilities, drainage, screening, open space, pedestrian ways or alleys. If the easement is being dedicated through the plat, it shall be properly referenced in the owner's certificate and dedication.
The width of street rights-of-way and any portion thereof being dedicated by the plat as well as the width of any existing right-of-way and the centerline of any adjacent perimeter streets.
If street rights-of-way, building setbacks, access controls, minimum building pad elevations, public easement or other public reservations are being vacated by the plat, proper reference to K.S.A. 12-512b, amended, shall be made in the plattor’s text.
The name of each street shown on the subdivision plat including appropriate prefixes and suffixes.
Minimum building setback lines, if any, but not less than applicable zoning regulations. The setback should be measured from the existing or proposed street right-of- way, whichever is a greater distance.
Land parcels to be dedicated or reserved for any purpose, public or private, to be distinguished from lots or tracts intended for sale. If the plat proposes the creation of reserves, the text shall state the purposes of the reserve, as well as, who will own and be responsible for the maintenance of reserves. Future ownership and maintenance responsibilities for a reserve may also be documented by a restrictive covenant filed with the register of deeds that provides that a homeowners association, or similar entity, will hold title to the reserve and therefore be responsible for the reserve’s maintenance.
When deemed necessary, the minimum pad elevation of each lot or parcel of land so that each pad is elevated at least one foot above the 100-year flood elevation.
When part of a subdivision lies within or abuts a Floodplain area as shown on the Federal Insurance Administrations “Flood Hazard Boundary Map” for Bel Aire, Kansas. The Floodplain shall be shown within a contour lines and clearly labeled on the plat with the words “Floodplain Area”.
Other improvements to be installed by the subdivider on the land to be used for public streets, highways, ways and easements, as are necessary for the general use of the lot, owners’ in the subdivision, and local neighborhood traffic and drainage needs.
A copy of covenants, if applicable.
Language of the PUD agreement placed on the face of the plat if the plat is part of a Planned Unit Development.
The name of the owners of the development and the registered land surveyor. The following certificates, which may be combined where appropriate: (Certificates requiring a seal should be located near the edge of the plat to facilitate affixing the seal. All names on the plat must also be typed or clearly printed under the signature.)
Marginal lines encircling the sheet. All information shall be within this margin.
LAND SURVEYOR'S CERTIFICATE AND DESCRIPTION
A certificate signed by a licensed land surveyor responsible for the survey and final plat. The surveyor shall not sign the plat until all monuments, irons or bench marks have been set as required by these regulations. Such signature shall be accompanied by the legal description of the land surveyed, the total acreage, the month and year such survey was made and the surveyor's seal. This certificate may be in the following form:
I, the undersigned, licensed land surveyor of the State of Kansas, do hereby certify that the following described tract of land was surveyed on, 20 and the accompanying final plat prepared and that all the monuments shown herein actually exist and their positions are correctly shown to the best of my knowledge and belief:
Legal description, date of survey and acreage. if applicable, reference may be made to indicate that existing public easements and dedications are being vacated according to provisions of K.S.A. 12-512b.
Signature: _____________________________
(Land surveyor's name and license number)
DATE: ____________ _____, 2022.
(SEAL)
OWNER'S CERTIFICATE AND DEDICATION
Certificates signed and acknowledged by all parties having any record or possessory right, title or interest in the land subdivided including mortgagees consenting to the preparation and recording of the subdivision plat; and dedicating all tracts of land shown on the final plat which are intended for public use as highways, streets, alleys, easements and public sites. These certificates may be in the following form:
| State of Kansas |
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| Sedgwick County |
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This is to certify that the undersigned owner(s) of the land described in the Land Surveyor's Certificate have caused the same to be surveyed and subdivided on the accompanying plat into lots, blocks, streets and other public ways under the name of(an Addition to) (located in) the City of Bel Aire, Sedgwick County, Kansas; that all highways, streets, alleys, easements and public sites as denoted on the plat are hereby dedicated to and for the use of the public for the purpose of constructing, operating, maintaining and repairing public improvements; and further that the land contained herein is held and shall be conveyed subject to any applicable restrictions, reservations and covenants now on file or hereafter filed in the Office of the Register of Deeds of Sedgwick County, Kansas.
Owner: _____________________________
Typed Name of Authorized Signature
Date Signed: ________________________
MORTGAGE HOLDER
The consent of the mortgage holder in the following form for an individual capacity or modified if a representative capacity:
We, (Name of institution and location), by (Name and title of officer), holders of a mortgage on the above described property do hereby consent to the plat of (Name of plat), City of Bel Aire, Sedgwick County, Kansas.
(Name of institution and location) (Name and title)
NOTARY CERTIFICATE
The acknowledgment of a notary in the following form for an individual capacity or modified if a representative capacity:
| State of Kansas |
) |
| |
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| Sedgwick County |
) |
This instrument was acknowledged before me on (date) by name(s) of person(s).
Seal or stamp(Signature of Notarial Officer), Notary Public
My commission expires:_____
| State of Kansas |
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| |
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| Sedgwick County |
) |
This instrument was acknowledged before me on (date) by name(s) of person(s) as (type of authority, e.g., officer, trustee, president, etc.) of (name of party on behalf of whom instrument was executed) on behalf of (company, partnership, trust, etc.)
Seal or stamp (Signature of Notarial Officer), Notary Public
My commission expires:_____
PLANNING COMMISSION CERTIFICATE
The certificate of the Planning Commission in the following form:
| State of Kansas |
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| Sedgwick County |
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This plat of _____ has been submitted to and approved by the Bel Aire Planning Commission, Bel Aire, Kansas, and is hereby transmitted to the City Council of the City of Bel Aire, Kansas, with the recommendation that such plat be approved as proposed.
Dated this __ day of _______, _____
_____________________________, Chairperson
(Print Name of Authorized Signature)
Date Signed:
ATTEST:
_____________________________, Secretary
(Print Name of Authorized Signature)
CITY ATTORNEY'S CERTIFICATE
If the plat is an addition to the City, i.e., an annexation, a certificate signed by the City Attorney indicating that all conditions of K.S.A. 12-401 have been met:
| State of Kansas |
) |
| |
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| Sedgwick County |
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The title evidence of the land included in this plat has been reviewed by me and this plat is approved pursuant to the provisions of K.S.A. 12-401.
Date Signed:
_____________________________, City Attorney
(Print Name of Authorized Signature)
GOVERNING BODY CERTIFICATE
The acceptance of dedications by the Governing Body in the following form:
| State of Kansas |
) |
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| Sedgwick County |
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The dedications shown on this plat, if any, are hereby accepted by the Governing Body of the City of Bel Aire, Kansas on _____ 20__.
_____________________________, Mayor
(Print Name of Authorized Signature)
Date Signed:
ATTEST:
_____________________________, City Clerk
(Print Name of Authorized Signature)
COUNTY COMMISSIONERS' CERTIFICATE
The acceptance of dedications by the Board of County Commissioners for plats outside the City only in the following form:
| State of Kansas |
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| |
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| Sedgwick County |
) |
The dedications shown on this plat, if any, are hereby accepted by the Board of County Commissioners, Sedgwick County, Kansas, on __________ 20__.
_____________________________, Chairman
(Print Name of Authorized Signature)
Date Signed:
(SEAL)
ATTEST:
_____________________________, County Clerk
(Print Name of Authorized Signature)
TRANSFER RECORD
A place to note the transfer record date of the County Clerk and the recording certificate of the County Register of Deeds. Plats are not entitled to record unless all current real estate taxes and special assessments are paid in full on the land being platted. Whenever the subdivider's agreement and any restrictive covenants are recorded prior to or concurrently with the final plat, the book and page numbers where they are recorded shall be noted on the plat for reference purposes.
Entered on transfer record this _______ day of __ 20__.
_____________________________, County Clerk
(Print Name of Authorized Signature)
REGISTER OF DEED'S CERTIFICATE
| State of Kansas |
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| |
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| Sedgwick County |
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This is to certify that this instrument was filed for record in the Register of Deeds Office at ___ (a.m.) (p.m.) on the __ day of _________ 20__ and is duly recorded.
_____________________________, Register of Deeds
(Print Name of Authorized Signature)
Date Signed:
(SEAL)
_____________________________, Deputy
(Print Name of Authorized Signature)
Subdivisions which lie outside the city limits for which requests have been made for the extension of one or more City utility services shall agree to a waiver of protest of potential future annexation by a statement reading "Owners of lands within this subdivision do hereby bind themselves to waive any protest to annexation by the City of Bel Aire, Kansas," which shall be shown on the final plat and included in restrictive covenants of the subdivision. When such an agreement is contained in such restrictive covenants and filed by the City with the County Register of Deeds within 30 days after being executed by all parties, it shall be deemed to be sufficient consent to annexation under K.S.A. 12-520, as amended, to bind the owner(s) of the land to be subdivided and any successors in interest.
Provision for all other certifications, approvals and acceptances which are now, or which may hereafter be, required by any statute, ordinance or regulation. The form of these certifications may be modified as necessary by the City's legal counsel to meet statutory or other requirements.
The following additional information shall be submitted with the final plat:
A title report by an abstract or a title insurance company, or an attorney's opinion of title, showing the owner of the land and all other persons who have an interest therein and describing any encumbrances on the plat, including such items as rights-of-way, easements, pipelines, leases, mineral rights, mortgages, real estate taxes, special assessments and other encumbrances affecting the ownership.
If deemed necessary by the Zoning Administrator, a final drainage plan based on the standards and policies set by the applicable jurisdiction including a four-corner grading plan for each lot plus minimum pad elevations if located in a flood prone area.
A copy, if any, of restrictive covenants applicable to the subdivision. As a service to the subdivider, such restrictions may be reviewed by the Planning Commission and other officials to determine if any potential conflicts exist with the City's laws. If the condition exists for provision of utility service by the City to a subdivision located outside the City, then restrictive covenants must be submitted for review of the annexation waiver provisions.