ARTICLE 1 - GENERAL PROVISIONS

Jurisdiction

Purpose and Intent

Applicability

Exemptions

Approvals Necessary for Acceptance of Subdivision Plat

 

 

  1. Jurisdiction: These regulations shall apply to all land located in the incorporated area of the City of El Dorado, Kansas; and the unincorporated area adjacent to the City of El Dorado Corporate Limits as shown on the "Subdivision Regulation Map" in the office of the City Engineer.
  2. Purpose and Intent: The purpose and intent of these regulations is to provide for the harmonious development of the community and the surrounding area to provide for the proper location and width of streets, building lines, open spaces, safety and recreation facilities, utilities, drainage, and for the avoidance of congestion of population through requirements of minimum lot width, depth and area and the compatibility of design; to require and fix the extent to which and the manner in which streets shall be graded and improved, and water, sewer, drainage, and other utility mains and piping or connections or other physical improvements shall be installed; and to provide for and secure the actual construction of such physical improvements.
  3. Applicability: The owner or owners of any land located within the jurisdiction of these regulations subdividing said land into two or more lots and blocks or tracts or parcels, for the purpose of laying out any subdivisions, suburban lots, building lots, tracts or parcels or any owner of any land establishing any street, alley, park or other property intended for public use or for the use of purchasers or owners of lots, tracts or parcels of land fronting thereon or adjacent thereto, shall cause a plat to be made in accordance with these regulations, unless exempted under Section 1.4.
  4. Exemptions: These regulations shall not apply in the following instances:
    1. The division of any parcel or tract of land greater than 40 acres into not more than two lots, tracts or parcels, and not involving any new streets or easements of access and not affecting major streets.
    2. A change in the boundary between adjoining land which does not create an additional or substandard lot.
    3. Land used for street or railroad right-of-way, a drainage easement or other public utilities subject to local, state or federal regulations, where no new street or easement of access is involved.
    4. Whenever any lot, parcel, or tract of land located within the area governed by these regulations has been subdivided, resubdivided or replatted prior to adoption of these regulations. However, any further resubdivision of lots, parcels or tracts must be done in accordance with these regulations.
    5. Any transfer by operation of law.
    6. Lots which have been previously platted and zoned for industrial purposes may be divided into two or more tracts without replatting or resubdividing such lots in conformance with these subdivision regulations
    7. Land used for agricultural purposes.
  1. Approvals Necessary for Acceptance of Subdivision Plats: All plans, plats, or replats 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 the lots fronting thereon or adjacent thereto shall be submitted to the El Dorado City planning commission for their consideration.

The planning commission shall determine if the plat conforms to the provisions of these Regulations and shall approve or disapprove the plat within 60 days after the first meeting of the planning commission following the date of the submission of the plat to the secretary. The governing body of jurisdiction--either the City Commission or the Board of County Commissioners--shall accept or refuse the dedication of land for public purpose within 30 days after the first meeting of the governing body of jurisdiction following the date of the submission of the plat to the City Clerk.

The register of deeds shall not record any plat until such plat is approved by the planning commission and governing body and is signed by the Chairman and Secretary of the planning commission and by the Mayor and City Clerk of the City of El Dorado, Kansas. See Article 7, "Submission of Plats", for a detailed list of submittals needed for platting land and for all procedural requirements.

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