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10  AN ACT concerning cities and counties; relating to planning and
11    zoning; amending K.S.A. 12-749 and 19-2958 and repealing the
12    existing sections.
13  
14  Be it enacted by the Legislature of the State of Kansas:
15    Section 1.  K.S.A. 19-2958 is hereby amended to read as follows: 19-
16  2958. (a) The planning commission, with the approval of the board of
17  county commissioners, may make or cause to be made a comprehensive
18  plan for coordinated development of the county in the manner, and for
19  the purposes, provided by this act. In the preparation of such plan, the
20  planning commission shall make or cause to be made comprehensive
21  surveys and studies of past and present conditions and trends relating to
22  land use, population and building intensity, public facilities, transporta-
23  tion and transportation facilities, economic conditions, natural resources,
24  and may include any other element deemed necessary to the compre-
25  hensive plan. Such proposed plan, which in addition to a written pres-
26  entation, may include maps, plats, charts and other descriptive matter,
27  shall show the commission's recommendations for the development or
28  redevelopment of the county and may include: (1) The general location,
29  extent and relationship of the use of land for agriculture, residence, busi-
30  ness, industry, recreation, education, public buildings and other com-
31  munity facilities, major utility facilities both public and private and any
32  other use deemed necessary; (2) population and building intensity stan-
33  dards and restrictions and the application of the same; (3) public facilities
34  including transportation facilities of all types, whether publicly or pri-
35  vately owned, which relate to the transportation of persons or goods; (4)
36  public improvement programming based upon a determination of relative
37  urgency; (5) the major sources and expenditure of public revenue includ-
38  ing long range financial plans for the financing of public facilities and
39  capital improvements, based upon a projection of the economic and fiscal
40  activity of the county, both public and private; (6) utilization and conser-
41  vation of natural resources; and (7) any other element deemed necessary
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 1  for the proper development or redevelopment of the area.
 2    (b)  The planning commission, by an affirmative vote of a majority of
 3  all its members, may approve for recommendation the comprehensive
 4  plan as a whole by a single resolution, or may by successive resolutions
 5  approve parts of the plan, such parts corresponding with the major geo-
 6  graphical sections of the county or with functional subdivisions of the
 7  plan. Such resolution shall specifically identify any maps, plats, charts or
 8  other materials made a part of such plan. Before the approval for rec-
 9  ommendation of any such plan or part thereof, the planning commission
10  shall hold a public hearing thereon, notice of which shall be published
11  once in the official county newspaper at least 20 days prior to the date
12  fixed for hearing. Such hearing may be adjourned from time to time.
13  Upon the approval for recommendation of any such plan or part thereof,
14  a certified copy of the same shall be submitted to the board of county
15  commissioners for its consideration and final approval. Certified copies
16  shall be submitted to other legislative and administrative agencies affected
17  thereby for review and comment, however, failure to receive such certi-
18  fied copies shall not invalidate any subsequent action taken. The legisla-
19  tive and administrative agencies so notified shall consider such proposed
20  plan or part thereof, within 60 days after the receipt thereof, and may
21  submit a statement containing its recommendation regarding the same to
22  the board of county commissioners. Upon request, copies of the proposed
23  plan or part thereof, together with notice of the time and place when the
24  board of county commissioners will consider adoption of the plan or part
25  thereof, shall be provided to other interested legislative or administrative
26  agencies for review and comment. Failure to receive such copies or other
27  notice shall not invalidate any subsequent action taken on the plan or part
28  thereof.
29    (c)  The board of county commissioners shall consider such proposed
30  comprehensive plan or part thereof as recommended by the planning
31  commission, not less than 60 days nor more than 90 days after receipt
32  thereof and,. If the board of county commissioners approves such rec-
33  ommendation, it may adopt, by resolution, such proposed plan or part
34  thereof. If the board of county commissioners disapproves, in whole or
35  in part, the planning commission's recommendation, the board of county
36  commissioners shall return such recommendation or part thereof to the
37  planning commission for further consideration along with a written state-
38  ment of reasons for disapproving the same or with suggested modifica-
39  tions. If the board of county commissioners returns the plan or part
40  thereof as originally recommended to the planning commission for fur-
41  ther consideration as disapproved or with suggested modifications, the
42  planning commission shall reconsider such plan or part thereof as re-
43  turned and, within 30 days of receipt thereof or such lesser or greater
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 1  time period as determined by the board of county commissioners, either
 2  submit a new recommendation to the board of county commissioners or
 3  resubmit its original recommendation to the board of county commis-
 4  sioners. No additional public hearing shall be required unless the board
 5  of county commissioners directs that one be held. If the planning com-
 6  mission fails to deliver its recommendation to the board of county com-
 7  missioners within such time period, the board of county commissioners
 8  shall consider such course of inaction on the part of the planning com-
 9  mission as a resubmission of its original recommendation. The board of
10  county commissioners, after receipt of the new or original recommen-
11  dation of the planning commission on the returned plan or part thereof,
12  shall reconsider such matter and thereafter, by resolution, may adopt, in
13  whole or in part, or may revise or amend and adopt such proposed plan
14  or part thereof as the official plan of the county, or may take no further
15  action thereon, as it deems appropriate.
16    (d)  All reports and documents forming the comprehensive plan or
17  parts thereof as adopted shall bear the signature, or facsimile thereof, of
18  the chairperson of the board of county commissioners and an attested
19  copy of the same shall be filed in such public office as may be designated
20  by the board of county commissioners and shall be a public record. In
21  addition, copies shall be provided to legislative and administrative agen-
22  cies affected by the plan. Failure to receive such copy shall not invalidate
23  any subsequent action taken. Such plan or part thereof shall constitute
24  the basis or guide for public action to insure a coordinated and harmo-
25  nious development or redevelopment which will best promote the health,
26  safety, morals, order, convenience, prosperity and general welfare, as well
27  as a wise and efficient expenditure of public funds.
28    (e)  After adoption of a comprehensive plan or part thereof by the
29  board of county commissioners, the planning commission annually shall
30  review the plan for the purpose of determining if any portion of the plan
31  has become obsolete and shall make a report to the board of county
32  commissioners regarding the same on or before June 1 of each year. In
33  addition, the planning commission or the board of county commissioners,
34  at any time after the adoption of the plan or part thereof, may review or
35  reconsider such plan or part thereof so adopted and may propose, by
36  resolution, any amendments, extensions or additions to the same.
37    (f)  When an amendment, extension or addition to the plan or part
38  thereof has been proposed, whether as a result of the annual review or
39  by resolution of the board of county commissioners or the planning com-
40  mission, such proposed amendment, extension or addition shall first be
41  submitted to the planning commission for recommendation. A public
42  hearing shall be held thereon and an accurate written summary made of
43  the proceedings. Notice of such public hearing shall be published in like
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 1  manner as that required for the original recommendation on the plan,
 2  shall fix the time and place for such hearing and shall contain a statement
 3  describing, in general terms, the proposed amendment, extension or ad-
 4  dition to the plan.
 5    (g)  A quorum of the planning commission is more than 1/2 of all its
 6  members. For action on amendments, a vote either for or against an
 7  amendment by a majority of the members of the commission present
 8  constitutes a recommendation of approval or disapproval of the commis-
 9  sion, whereas a vote either for or against an amendment by less than a
10  majority of the members of the commission present constitutes a ``failure
11  to recommend.''
12    (h)  The board of county commissioners shall consider such amend-
13  ment, extension or addition as recommended by the planning commission
14  and, regardless of whether the recommendation is for approval or dis-
15  approval, if the board of county commissioners approves such recom-
16  mendation, it may adopt such recommendation, in whole or in part, by
17  resolution, or may take no further action thereon, as it deems appropriate.
18  In the event the planning commission submits a ``failure to recommend''
19  to the board of county commissioners, the board of county commissioners
20  may take such action it deems appropriate. Upon a recommendation of
21  the planning commission which the board of county commissioners, in
22  whole or in part, disapproves, the board of county commissioners shall
23  return such recommendation or part thereof to the planning commission
24  for further consideration along with a written statement of reasons for
25  disapproving the same or with suggested modifications. If the board of
26  county commissioners returns the proposed amendment, extension or
27  addition or part thereof to the planning commission for further consid-
28  eration as disapproved or with suggested modifications, the planning com-
29  mission shall reconsider such amendment, extension or addition or part
30  thereof as returned and, within 30 days of receipt thereof or such lesser
31  or greater time period as determined by the board of county commis-
32  sioners, either submit a new recommendation to the board of county
33  commissioners or resubmit its original recommendation to the board of
34  county commissioners. No additional public hearing shall be required
35  unless the board of county commissioners directs that one be held. If the
36  planning commission fails to deliver its recommendation to the board of
37  county commissioners within such time period the board of county com-
38  missioners shall consider such course of inaction on the part of the plan-
39  ning commission as a resubmission of its original recommendation. The
40  board of county commissioners, after receipt of the new or original rec-
41  ommendation of the planning commission on the returned amendment,
42  extension or addition or part thereof, shall reconsider such matter and
43  thereafter, by resolution, may adopt, in whole or in part, or may revise or
SB 133--Am. by H
                                     

 1  amend and adopt such amendment, extension or addition, or may take
 2  no further action thereon, as it deems appropriate. If the board of county
 3  commissioners initiated such proposed amendment, extension or addi-
 4  tion, the board of county commissioners need not return the same to the
 5  planning commission if it disapproves of the planning commission's rec-
 6  ommendation but may take such action as it deems appropriate after
 7  receiving the planning commission's recommendation on the amend-
 8  ment, extension or addition.
 9    Sec. 2.  K.S.A. 12-749 is hereby amended to read as follows: 12-
10  749. (a) Following adoption of a comprehensive plan, a city plan-
11  ning commission may adopt and amend regulations governing the
12  subdivision of land. A city planning commission shall apply sub-
13  division regulations to all land located within the city and may
14  apply such regulations to land outside of but within three miles of
15  the nearest point of the city limits provided such land is within the
16  same county in which the city is located and does not extend more
17  than 1/2 the distance between such city and another city which has
18  adopted regulations under this section. A county planning com-
19  mission may establish subdivision regulations for all or for parts of
20  the unincorporated areas of the county.
21    (b)  Subdivision regulations may include, but not be limited to,
22  provisions for the: (1) Efficient and orderly location of streets; (2)
23  reduction of vehicular congestion; (3) reservation or dedication of
24  land for open spaces; (4) off-site and on-site public improvements;
25    (5) recreational facilities which may include, but are not limited
26  to, the dedication of land area for park purposes; (6) flood protec-
27  tion; (7) building lines; (8) compatibility of design; and (9) storm-
28  water runoff, including consideration of historic and anticipated 100-year
29  rain and snowfall precipitation records and patterns; and (10) any other
30  services, facilities and improvements deemed appropriate.
31    (b) (c)  Subdivision regulations may provide for administrative
32  changes to land elevations designated on a plat. Such regulations
33  may provide for plat approval conditional upon conformance with
34  the comprehensive plan. Such regulations may provide for the pay-
35  ment of a fee in lieu of dedication of land.  Such regulations may
36  provide that in lieu of the completion of any work or improvements
37  prior to the final approval of the plat, the governing body may
38  accept a corporate surety bond, cashier's check, escrow account,
39  letter of credit or other like security in an amount to be fixed by
40  the governing body and conditioned upon the actual completion
41  of such work or improvements within a specified period, in accor-
42  dance with such regulations, and the governing body may enforce
43  such bond by all equitable remedies.
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 1    (c) (d)  Before adopting or amending any subdivision regula-
 2  tions, the planning commission shall call and hold a hearing on
 3  such regulations or amendments thereto. Notice of such hearing
 4  shall be published at least once in the official city newspaper in
 5  the case of a city or in the official county newspaper in the case of
 6  a county. Such notice shall be published at least 20 days prior to
 7  the hearing. Such notice shall fix the time and place for such hear-
 8  ing and shall describe such proposal in general terms. In the case
 9  of a joint committee on subdivision regulations, such notice shall
10  be published in the official city and official county newspapers.
11  The hearing may be adjourned from time to time and at the con-
12  clusion of the same, the planning commission shall prepare its rec-
13  ommendations and by an affirmative vote of a majority of the en-
14  tire membership of the commission adopt the same in the form of
15  proposed subdivision regulations and shall submit the same, to-
16  gether with the written summary of the hearing thereon, to the
17  governing body. The governing body either may: (1) Approve such
18  recommendations by ordinance in a city or resolution in a county;
19    (2) override the planning commission's recommendations by a 2/3
20  majority vote; or (3) may return the same to the planning commis-
21  sion for further consideration, together with a statement specify-
22  ing the basis for the governing body's failure to approve or dis-
23  approve. If the governing body returns the planning commission's
24  recommendations, the planning commission, after considering the
25  same, may resubmit its original recommendations giving the rea-
26  sons therefor or submit new and amended recommendations.
27  Upon the receipt of such recommendations, the governing body,
28  by a simple majority thereof, may adopt or may revise or amend
29  and adopt such recommendations by the respective ordinance or
30  resolution, or it need take no further action thereon. If the plan-
31  ning commission fails to deliver its recommendations to the gov-
32  erning body following the planning commission's next regular
33  meeting after receipt of the governing body's report, the govern-
34  ing body shall consider such course of inaction on the part of the
35  planning commission as a resubmission of the original recommen-
36  dations and proceed accordingly. The proposed subdivision reg-
37  ulations and any amendments thereto shall become effective upon
38  publication of the respective adopting ordinance or resolution.
39    (d)  The provisions of this section shall become effective on and after
40  January 1, 1992.
41    Sec. 2. 3.  K.S.A. 19-2958 is 12-749 and 19-2958 are hereby re-
42  pealed.
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 1    Sec. 3. 4.  This act shall take effect and be in force from and after its
 2  publication in the statute book.