(a) The purpose of these subdivision and development regulations is to assure that the subdivision of land, which is an initial step in urbanization, will be in the public interest and for the general welfare. Since the allocation and arrangement of parcels of land for both private uses (agricultural, residential, commercial, industrial) and public uses (utilities, schools, parks, streets, and others) help to influence the health, safety, economy, livability and amenities of an area, these regulations are intended to:
(b) Provide for the harmonious and orderly development of the City of Eudora by making provisions for adequate open space, traffic, recreation, drainage, utilities, light and air, and other public needs;
(c) Contribute to conditions conducive to health, safety, aesthetics, convenience, prosperity and efficiency; and
(d) Provide for the conservation and protection of human and natural resources.
(e) These regulations are designed, intended, and should be administered in a manner:
(1) To ensure that the development of the city shall conform substantially with the comprehensive plans of the city, the zoning laws enacted in accordance with those plans and any adopted major streets and road plans.
(2) To provide for the conservation of existing neighborhoods, to encourage the concept of neighborhood planning in new developments and to prevent the development of slums and blighted areas.
(3) To coordinate the development of each parcel of land with the existing community, and to facilitate the proper development of adjoining land.
(4) To encourage the best possible use of each parcel of land through the application of urban design principles.
(5) To provide adequate and accurate records of all land subdivision.
(6) To provide that the cost of improvements which benefit primarily the tract of land being developed be borne primarily by the owners or developers of the tract, and that the cost of improvements which benefit primarily the whole community be shared by the developer and the community.
(7) To ensure that each subdivision lot provides a building site safe from damage by the 100-year flood where the 100-year flood line has been designated.
These subdivision and development regulations and minimum standards for land development are adopted by the Eudora Planning Commission and approved by the city council under powers conferred by Article 12, Section 5 of the Kansas Constitution and K.S.A. 12-705 and 12-749 et sec. after notice and hearing as provided by law.
(a) These regulations shall apply to all land within the City of Eudora, Kansas.
(b) These regulations shall apply to all land within the following unincorporated territory of Douglas County, Kansas:
The City of Eudora and Douglas County will undertake the following process to create a joint subdivision committee:
(1) Immediately upon the effective date of Ordinance No. - the governing body shall certify to the Douglas County Board of County Commissioners that the city wishes to adopt subdivision regulations covering all or part of the unincorporated area of Douglas County described in this section.
(2) Within 60 days after the date of the certification by the governing body, there shall be established by joint resolution of the governing body and the Douglas County board of county commissioners a joint committee for subdivision regulation for the unincorporated area previously designated in the certified resolution.
(3) Such committee shall be composed of seven members as follows: three members of the Lawrence/Douglas County Planning Commission appointed by the board of county commissioners of Douglas County, Kansas; three members of the Eudora Planning Commission appointed by the mayor of the City of Eudora with the consent of the Eudora city council; and one member selected by the other members of the joint committee.
(4) Subdivision regulations promulgated by Douglas County shall be in effect in the unincorporated area previously designated in the certified resolution for the lesser time period of the following:
A. Twelve months from and after the date of the certified resolution; or
B. Until new regulations have been adopted by the committee consistent with K.S.A. 12-749(c).
After the effective date of these regulations any owner (or owners) subdividing land or establishing any alley, street, or other property intended for public use or for the use of purchasers or owners of lots, tracts or parcels of land fronting on or adjacent thereto, shall cause a subdivision plat to be made in accordance with these regulations unless exempted under Section 17-105. The register of deeds of Douglas County shall not record any plat of any subdivision until such plat bears the endorsement of the Planning Commission and the land dedicated for public purposes has been accepted by the council.
Notwithstanding the requirements of Section 17-104 these regulations shall not apply to the following:
(a) Any transfer by testamentary disposition.
(b) The subdividing of any land used exclusively for cemetery purposes and accessory uses associated therewith.
(c) The vacation of land impressed with a public use.
The subdivider shall pay fees as set by resolution of the governing body from time to time.