SUBDIVISION REGULATIONS OF THE CITY OF DERBY, KANSAS ARTICLE 1. TITLE, PURPOSE, AUTHORITY, JURISDICTION, APPLICABILITY AND EXEMPTIONS 100 TITLE. These regulations shall be known and may be cited as the "Subdivision Regulations of the City of Derby, Kansas" and shall hereinafter be referred to as "these regulations." 101 PURPOSE. Responsible land subdivision is the beginning step in the process of orderly community development. Once land has been divided into streets, lots and blocks and publicly recorded, the correction of defects is difficult and costly. These regulations are designed and intended to serve the following purposes: A. To provide for the harmonious development of the City of Derby and for a portion of the surrounding unincorporated area of Sedgwick County; B. To provide for the proper location and width of streets, desirable lot layouts, open spaces, drainage, safety and recreational facilities; C. To specify the extent to which or the manner in which streets and roadways shall be graded and improved and water, sewer and other utility connections or other physical improvements installed; D. To provide for and secure to the proper governing body the actual construction of such physical improvements; E. To avoid water and air pollution, flooding conditions and the congestion of population and traffic; F. To facilitate fire and police protection; G. To conserve energy, water and soil resources; 1-1
H. To coordinate the subdividing of land with applicable zoning regulations, various construction codes and other City and County regulations which also affect the development of the land; I. To establish administrative procedures to assure a fair and uniform basis for a working relationship with subdividers, utility companies and other governmental agencies, and J. To realize the goals, policies and proposals as contained in the adopted Comprehensive Development Plan for the Derby Area. 102 AUTHORITY. These regulations set forth herein adopted under authority established by K.S.A., as amended, 12-741 et. seq., as amended, 12-749, 12-752, 12-760 and 12-761, 12-764, 12-766, 12-3009 through 12-3012, 12-3301 and 12-3002. 103 JURISDICTION. These regulations shall apply to all subdivisions to land within the corporate limits of the City of Derby as presently exists or are hereinafter established, and within the following land descriptions which are located outside of the City of Derby and located all in Sedgwick County, Kansas east of the Sixth Principal Meridian: The following sections in Township 28 South, Range 1 East: 25, 26, 27 lying east of the Arkansas River, 34 lying north and east of the Arkansas River, 35 lying north and east of the Arkansas River, 36; EXCEPT those areas within the corporate limits of the City of Wichita, Kansas; The following sections in Township 28 South, Range 2 East: SW 1/4 27, 28, 29, 30, 31, 32, 33, W 1/2 34, SE 1/4 34; The following sections in Township 29 South, Range 1 East: 1, 2, lying north and east of the Arkansas River, E 1/2, 10, 11, 12, 13, 14, E 1/2 15, E 1/2 22, 23, 24 lying north and east of the Arkansas River; and 1-2
The following sections in Township 29 South, Range 2 East: 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18. All such land is included in the Planning Area for the Comprehensive Development Plan which has been adopted by the Planning Commission. 104 APPLICABILITY. These Regulations apply to the owner(s) of any land within the jurisdiction of these Regulations desiring to: A. Vacate street rights-of-way, easements, other public reservations or recorded plats, or B. Divide or further divide land, or C. Otherwise alter the boundaries of an existing platted lot(s) in order to create a second building site, or D. Establish land for use as streets or alleys or other property intended for public use or for the use of a purchaser or owner(s) of lots or parcels. Property owners desiring to accomplish any of the above shall cause a plat, lot split or vacation case, whichever is applicable, to be made or filed in accordance with the provisions of these Regulations, unless exempt under Section 105. 105 EXEMPTIONS. Notwithstanding the requirements of Sections 103 and 104, these Regulations shall not apply in the following instances or transactions: A. Whenever any lot, parcel or tract of land located within the area governed by these Regulations has been legally subdivided, resubdivided, replatted or established, on the records of the Register of Deeds, by a metes and bounds description prior to July 1, 1968. B. A transaction between owners of adjoining land which involves only a change in the boundary between the land owned by such persons and which does not create an additional building site or which does not result in the creation of a substandard building site by either owner according to any applicable zoning regulations or sanitary code. 1-3
C. A conveyance of a portion of a lot or tract or interest therein for use as a street or railroad right-of-way, a drainage easement or easement to a public utility subject to local, state or federal regulation, provided a new street or easement of access is not created. D. Land used for county, state or federal highways or related public purposes concerning the dedication of a portion of a lot or tract for such a public use or instruments relating to the vacation of land impressed with such a public use. E. Any lot split divided in accordance with the provisions of Article 9 of these Regulations. F. A conveyance made to correct a description in a prior conveyance that is clearly labeled as a "Correction Conveyance." G. Any transfer by operation of law. H. For land in the unincorporated area, the division or further division of land into unplatted metes and bounds tracts, each of which contains 20 or more acres, and which: (1) Does not involve any new streets or easements of access, as determined by the Planning Commission, and is located adjacent to a public road which has been accepted by the County or a township or which is located adjacent to an existing private road whose right-of-way width conforms to the right-of-way standards of this Regulation. (2) In the case of an existing private road, there must be covenants filed of record which provide for the maintenance of the private road. The covenants must provide a mechanism which authorizes the County to maintain the private road, and charge incurred costs to the owners of the land being provided access, if the owners fail to maintain the private road. (3) Has land suitable for dwelling purposes which is not located in an area subject to flooding as determined by Section 606 of these Regulations. If any portion of unincorporated property lies in a flood hazard area as shown on the Flood Boundary and Floodway Maps published by the Federal Emergency Management Agency or if drainage channels and swales exist on the property which carry runoff from adjacent property or public roads, the flood hazard area or 1-4
drainage channel shall be protected by grant of easement, dedication or other similar device as may be required by the Director of the County Bureau of Public Services; (4) If the property is located adjacent to a public road right-ofway which does not conform to the right-of-way width requirements of these Regulations, additional right-of-way shall be granted by dedication or easement as may be required to conform to these Regulations. (5) Is to be used for agricultural or single family residential purposes only; and (6) Conforms with any applicable zoning regulations and sanitary code. I. Land in the unincorporated area which was divided into metes and bounds tracts or parcels of 10 or more acres in size prior to August 9, 1990 and which: (1) Does not involve any new streets or easements of access and is located adjacent to a public road which has been accepted by the County or a township or which is located adjacent to an existing private road whose right-of-way width conforms to the right-of-way standards of this Regulation. (2) In the case of an existing private road, there must be covenants filed of record which provide for the maintenance of the private road. The covenants must provide a mechanism which authorizes the County to maintain the private road, and charge incurred costs to the owners of the land being provided access, if the owners fail to maintain the private road. (3) Has land suitable for dwelling purposes which is not located in an area subject to flooding as determined by Section 606 of these Regulations. If any portion of unincorporated property lies in a flood hazard area as shown on the Flood Boundary and Floodway Maps published by the Federal Emergency Management Agency or if drainage channels and swales exist on the property which carry runoff from adjacent property or public roads, the flood hazard area or drainage channel shall be protected by grant of easement, dedication or other similar device as may be required by the Director of the County Bureau of Public Services; 1-5
(4) If the property is located adjacent to a public road right-ofway which does not conform to the right-of-way width requirements of these Regulations, additional right-of-way shall be granted by dedication or easement as may be required to conform to these Regulations. It shall be the responsibility of the property owner or their agent to provide to the Department of Community Development copies of recorded instruments which show the name of the current owner and a complete legal description of the property for which an exemption is requested, including documentation identifying that date upon which the legal description for the property was established. Any request made in writing for a determination as to qualifications for being exempt from these Regulations shall be answered by the Department of Community Development either in the affirmative or negative within 45 days after the filing of the request or the exemption shall be considered granted. 1-6