APPENDIX D – SUBDIVISION REGULATIONSAPPENDIX D – SUBDIVISION REGULATIONS\Chapter 1 Title, Purpose, Authority, Jurisdiction, Applicability and Exemptions

The regulations herein shall be known and may be cited as the “Subdivision Regulations of the City of Augusta, Kansas” and shall hereinafter be referred to as “these regulations.”

Responsible land subdivision is the beginning step in the process of orderly community development. These regulations are designed and intended to serve the following purposes:

1.    To realize the goals and policies contained in the Comprehensive Development Plan;

2.    To provide for the harmonious development of the City and the “Planning Area” in Butler County;

3.    To provide for the proper location and width of streets, lot layouts, drainage, safety, population and open spaces for public parks;

4.    To minimize water and air pollution, flooding, impact on the city infrastructure and traffic congestion;

5.    To facilitate fire and police protection;

6.    To establish administrative procedures to assure a fair and uniform basis for a working relationship with sub-dividers, utility companies, and other governmental agencies.

These regulations are adopted under authority established by K.S.A. 12-741 et seq. as amended, 12-742, 12-749, 12-751 and 12-752, 12-760 and 12-761, 12-764, 12-766, 12-3009 through 12-3012, and 12-3301 and 12-3302.

These regulations shall apply to all subdivisions of land within the corporate limits of the City as presently exists or hereafter established, and within the “Planning Area” located outside the City limits as described in the Zoning Regulations, Article 16 “Planning Area Regulations” as it existed prior to Ordinance No. 1933 (approved September 18, 2006) shall be repealed.

The owner(s) of any land within the jurisdiction of these regulations desiring to:

1.    Divide or further divide land into two or more lots or parcels, or

2.    Otherwise alter the boundaries of lots or parcels of land, or

3.    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, or

4.    To obtain a building permit on a parcel of land so created after the effective date of these subdivision regulations (January 18, 1984) shall cause a plat to be made in accordance with the provisions of these regulations.

1.    These regulations shall not apply whenever any lot, parcel or tract of land located within the jurisdiction governed by these regulations had been created prior to the effective date of these regulations.

2.    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 lot or which does not result in the creation of a substandard lot by either owner according to the zoning regulations or sanitary code. The City strongly suggests contacting City Staff to identify easement locations, potential code violations, and other issues.

3.    Land used for highway or other public purposes relating to the dedication of a parcel of land for a public use or instruments relating to the vacation of land impressed with a public use.

4.    A conveyance made to correct a description in a prior conveyance and clearly labeled as a “Correction Conveyance”.

5.    Any land transfer by operation of law.

6.    Parcels of land in the unincorporated area which contain 10 acres or more.

7.    Any request made in writing for a determination as to qualifications as to being exempt from these regulations shall be answered by the Administrator within 30 days of filing said request.