APPENDIX D - SUBDIVISION REGULATIONS\Article 1 GENERAL REGULATIONS

SECTION 1-1 TITLE

These regulations shall hereinafter be known and may be cited as the Subdivision Regulations for Kearny County and the cities of Deerfield and Lakin, Kansas, and shall hereinafter be referred to as “these regulations.”

SECTION 1-2 PURPOSE

1-201. 

a.     Subdivision Regulations are the process through which raw land is converted into buildable lots for residential, commercial and industrial uses.  The physical arrangement of these lots along with provisions for streets, alleys, utilities, schools, parks and other community facilities will in a large part determine the quality of life in the community and, therefore, is of public interest. These regulations establish standards that insure that growth will reflect sound planning and will not be detrimental to the community.

b.    These regulations are designed, intended and adopted for the following purposes:

1.    To protect and provide for the public health, safety and general welfare of the residents and landowners of Kearny County.

2.    To implement applicable future land use plans.

3.    To provide for adequate light, air and privacy, to secure safety from fire, flood and other danger, and to prevent overcrowding of the land.

4.    To protect and conserve the value and desirability of land and neighborhoods throughout the community.

5.    To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation and other public requirements and facilities necessary to protect and promote public health, safety and general welfare.

6.    To establish reasonable standards of design and procedures for subdivisions and re-subdivisions.

7.    To insure proper legal descriptions, monumenting of land, and adequate and accurate platting and records of land subdivision.

8.    To harmoniously relate the development of the various tracts of land to the existing community and facilitate the future development of adjoining tracts.

9.    To insure that public facilities are available and will have a sufficient capacity to serve the proposed development.

10.  To provide for and secure to the proper governmental agencies the actual construction of all such necessary on-site and off-site public improvements including the reservation or dedication of land for park and recreational purposes.

11.  To reserve or dedicate land for open space to preserve natural areas for watercourses, drainage ways, woodland, rugged topography, wildlife habitat, and for water quality and quantity, and to protect land from soil erosion.

12.  To coordinate the subdividing of land with applicable zoning regulations, and other local government regulations which affect the development of the land.

SECTION 1-3 AUTHORITY

1-301.  These Subdivision Regulations and minimum standards for land development are adopted by the Area Planning Commission and approved by ordinances and resolution adopted by the Governing Bodies of Kearny County and the Cities of Lakin and Deerfield under powers conferred by K.S.A. 12-749, K.S.A. 19-101a, and Article 12, Section 5 of the Constitution of the State of Kansas.

SECTION 1-4 POLICY

1-401. 

a.    Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace nor unnecessarily subjecting existing development to such danger or peril.  It is further intended that land shall not be subdivided until proper provision has been made for drainage, water and sewage and other necessary infrastructure.

b.    The existing and proposed public improvements shall conform to and be properly related to the features of any adopted comprehensive plan, and all other adopted land use and development plans, and adopted capital programs and budgets.

SECTION 1-5 JURISDICTION

1-501.  These Subdivision Regulations are intended to apply uniformly across the jurisdictional areas of the three entities adopting these Regulations, except where the text expressly provides otherwise.  Use of the phrase, “City or County…as appropriate,” and similar phrases, informs the reader that the subject regulation may apply to either incorporated and unincorporated land and the “appropriate” unit of government depends upon whether the land lies within: (1) the corporate city limits of either Deerfield or Lakin, plus any unincorporated area lawfully subject to a City’s extraterritorial subdivision regulation, whether pursuant to state statute or by Interlocal Agreement with Kearny County; or (2) in the unincorporated area subject to subdivision regulation by the Kearny County Board of County Commissioners.

SECTION 1-6 APPLICABILITY

1-601. 

a.    The regulations contained herein shall apply to the subdivision of a tract or parcel of land into two or more lots, tracts or other divisions of land for the purpose of sale or of building development, whether immediate or future, including the resubdivision or replatting of land or lots.  Division of land for agricultural purposes, or single-family residential purposes, in parcels or tracts of land of five (5) acres or more, and not involving right-of-way for streets or easements and not involving the construction of other than agriculture buildings, shall be exempt from the requirements of these regulations, provided, however that an appropriate setback and easements be provided to protect long-term development of roadways.

b.    The owner(s) of any land subject to these regulations subdividing that land shall prepare a subdivision plat in accordance with the provisions of these regulations.  No building or zoning permit shall hereafter be issued for construction on any land that has not been subdivided in compliance with these regulations and all other applicable state laws and local laws in effect at the time of the subdivision of that land.

SECTION 1-7 EXEMPTIONS

1-701        The following transactions shall be exempt from these regulations.

a.    Boundary adjustments between one or more contiguous lots, tracts, or parcels of land, which will not create any additional lots, tracts or parcels, shall not be subject to the subdivision platting, or replatting requirements of these regulations.

b.    A conveyance of land, or interest therein, for use as right-of-way by railroad or other public utilities subject to state or federal regulations where no new street or easement of access is created.

c.    A conveyance made to correct a bearing or distance description in a previously recorded conveyance.

d.    Any transfer by operation of law.

e.    Any lot, parcel or tract of land located within the area governed by these Subdivision Regulations which has been legally subdivided, resubdivided, platted or replatted prior to the effective date of these regulations.  For purposes of these regulations, “legally subdivided, resubdivided, platted or replatted” shall include any certificate of survey submitted and recorded, as provided by these requirements, prior to the effective date of these regulations.

f.     The division or further division of land into lots or tracts each of which contain five (5) acres or more for single-family residential or agricultural use and when such division does not involve or result in the creation of new streets, easements of access, or other dedication.

g.    The division of a lot, tract or parcel of land that existed prior to the effective date of these regulations and was not previously exempted under any previous subdivision regulations, where no more than one (1) additional lot, tract or parcel is created, provided, however, that the creation of that additional lot, tract or parcel shall comply with the provisions for lot splits set forth in Article 11 of these regulations.  Any further division of the lot, tract or parcel, including any remainder parcel or tract, shall be platted in conformance with the requirements of these regulations.

h.    The division of a platted lot zoned and used for industrial purposes only, as required by state law, provided each resulting lot has frontage on a public street.   

SECTION 1-8 INTERPRETATIONS-CONFLICT

1-801. 

a.    Where a requirement of these regulations imposes restrictions that differ from those requirements imposed by any other provision of these regulations or any other statute, regulation, or other provision of law; the provision which imposes the higher or more restrictive standard shall apply. 

b.    The provisions of these regulations are not intended to abrogate any easement, covenant, or other private agreement.

c.    A subdivision of land which was not lawfully existing at the time of the adoption of these regulations shall not become or be made lawful solely by reason of the adoption of these regulations.

d.    The provision of these regulations are additional limitations upon all other laws heretofore passed or which may be passed hereafter governing any subject matter set forth in the provisions of these regulations.

SECTION 1-9 VESTING OF DEVELOPMENT RIGHTS

1-901.  In conformance with the provisions of K.S.A. 12-764, and any subsequent amendments thereto, including 2009 House Sub. for SB 91, the following rules regarding the vesting of development rights shall apply:

a.    The rights of landowners of properties platted or subdivided for residential development shall be protected for use of said land for the intended residential purposes for a period of 10 years from the date upon which the plat for such property was first recorded with the Kearny County Register of Deeds.  Provided, the division of land was legally done in conformance with the subdivision regulations in effect at the time of such recording.  If construction is not commenced on such land within 10 years of recording a plat the development rights in such shall expire.

b.    For all purposes other than residential developments, the right to use land for a particular purpose shall vest upon the issuance of all permits required for such use by the City or County having jurisdiction and construction has begun and substantial amounts of work have been completed.  If substantial amounts of the work have not been completed within 10 years of the issuance of such permits, the development rights shall expire.

SECTION 1-10           APPROVALS NECESSARY FOR ACCEPTANCE OF SUBDIVISION PLATS

1-1001.  All subdivision plats or re-plats of land laid out in building lots, and the streets, alleys or other portions of the same intended to be dedicated for public use, or for the use of purchasers or owners of lots fronting thereon, shall be submitted to the Planning Commission for its consideration and approval.  The approved plat shall be submitted to the applicable Governing Body for final plat approval and acceptance of dedications of streets, alleys, easements, and other public ways or sites.

SECTION 1-11           ACCRUED RIGHTS AND LIABILITIES SAVED

1-1101.  These regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, corporation, or as waiving any right of the applicable City or County under any section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm, or corporation by lawful action of the applicable City or County except as shall be expressly provided for in these regulations.

SECTION 1-12           SEVERABILITY

1-1201.  If any section, subsection or provision of these regulations shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of these regulations as a whole or any part or provision thereof, other than the part so declared to be invalid or unconstitutional.  All regulations or parts of regulations in conflict herewith are hereby repealed.

SECTION 1-13           EFFECTIVE DATE

1-1301.  These regulations shall be in force and effect from and after passage and publication in accordance with State law.