Ch. 72             1997 Session Laws of Kansas             281

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 19-2958 is hereby amended to read as follows:
19-2958. (a) The planning commission, with the approval of the board of
county commissioners, may make or cause to be made a comprehensive
plan for coordinated development of the county in the manner, and for
the purposes, provided by this act. In the preparation of such plan, the
planning commission shall make or cause to be made comprehensive
surveys and studies of past and present conditions and trends relating to
land use, population and building intensity, public facilities, transporta-
tion and transportation facilities, economic conditions, natural resources,
and may include any other element deemed necessary to the compre-
hensive plan. Such proposed plan, which in addition to a written pres-
entation, may include maps, plats, charts and other descriptive matter,
shall show the commission's recommendations for the development or
redevelopment of the county and may include: (1) The general location,
extent and relationship of the use of land for agriculture, residence, busi-
ness, industry, recreation, education, public buildings and other com-
munity facilities, major utility facilities both public and private and any
other use deemed necessary; (2) population and building intensity stan-
dards and restrictions and the application of the same; (3) public facilities

282             1997 Session Laws of Kansas             Ch. 72

including transportation facilities of all types, whether publicly or pri-
vately owned, which relate to the transportation of persons or goods; (4)
public improvement programming based upon a determination of relative
urgency; (5) the major sources and expenditure of public revenue includ-
ing long range financial plans for the financing of public facilities and
capital improvements, based upon a projection of the economic and fiscal
activity of the county, both public and private; (6) utilization and conser-
vation of natural resources; and (7) any other element deemed necessary
for the proper development or redevelopment of the area.

(b) The planning commission, by an affirmative vote of a majority of
all its members, may approve for recommendation the comprehensive
plan as a whole by a single resolution, or may by successive resolutions
approve parts of the plan, such parts corresponding with the major geo-
graphical sections of the county or with functional subdivisions of the
plan. Such resolution shall specifically identify any maps, plats, charts or
other materials made a part of such plan. Before the approval for rec-
ommendation of any such plan or part thereof, the planning commission
shall hold a public hearing thereon, notice of which shall be published
once in the official county newspaper at least 20 days prior to the date
fixed for hearing. Such hearing may be adjourned from time to time.
Upon the approval for recommendation of any such plan or part thereof,
a certified copy of the same shall be submitted to the board of county
commissioners for its consideration and final approval. Certified copies
shall be submitted to other legislative and administrative agencies affected
thereby for review and comment, however, failure to receive such certi-
fied copies shall not invalidate any subsequent action taken. The legisla-
tive and administrative agencies so notified shall consider such proposed
plan or part thereof, within 60 days after the receipt thereof, and may
submit a statement containing its recommendation regarding the same to
the board of county commissioners. Upon request, copies of the proposed
plan or part thereof, together with notice of the time and place when the
board of county commissioners will consider adoption of the plan or part
thereof, shall be provided to other interested legislative or administrative
agencies for review and comment. Failure to receive such copies or other
notice shall not invalidate any subsequent action taken on the plan or part
thereof.

(c) The board of county commissioners shall consider such proposed
comprehensive plan or part thereof as recommended by the planning
commission, not less than 60 days nor more than 90 days after receipt
thereof and,. If the board of county commissioners approves such rec-
ommendation, it may adopt, by resolution, such proposed plan or part
thereof. If the board of county commissioners disapproves, in whole or
in part, the planning commission's recommendation, the board of county
commissioners shall return such recommendation or part thereof to the
planning commission for further consideration along with a written state-

Ch. 72             1997 Session Laws of Kansas             283

ment of reasons for disapproving the same or with suggested modifica-
tions. If the board of county commissioners returns the plan or part
thereof as originally recommended to the planning commission for fur-
ther consideration as disapproved or with suggested modifications, the
planning commission shall reconsider such plan or part thereof as re-
turned and, within 30 days of receipt thereof or such lesser or greater
time period as determined by the board of county commissioners, either
submit a new recommendation to the board of county commissioners or
resubmit its original recommendation to the board of county commis-
sioners. No additional public hearing shall be required unless the board
of county commissioners directs that one be held. If the planning com-
mission fails to deliver its recommendation to the board of county com-
missioners within such time period, the board of county commissioners
shall consider such course of inaction on the part of the planning com-
mission as a resubmission of its original recommendation. The board of
county commissioners, after receipt of the new or original recommen-
dation of the planning commission on the returned plan or part thereof,
shall reconsider such matter and thereafter, by resolution, may adopt, in
whole or in part, or may revise or amend and adopt such proposed plan
or part thereof as the official plan of the county, or may take no further
action thereon, as it deems appropriate.

(d) All reports and documents forming the comprehensive plan or
parts thereof as adopted shall bear the signature, or facsimile thereof, of
the chairperson of the board of county commissioners and an attested
copy of the same shall be filed in such public office as may be designated
by the board of county commissioners and shall be a public record. In
addition, copies shall be provided to legislative and administrative agen-
cies affected by the plan. Failure to receive such copy shall not invalidate
any subsequent action taken. Such plan or part thereof shall constitute
the basis or guide for public action to insure a coordinated and harmo-
nious development or redevelopment which will best promote the health,
safety, morals, order, convenience, prosperity and general welfare, as well
as a wise and efficient expenditure of public funds.

(e) After adoption of a comprehensive plan or part thereof by the
board of county commissioners, the planning commission annually shall
review the plan for the purpose of determining if any portion of the plan
has become obsolete and shall make a report to the board of county
commissioners regarding the same on or before June 1 of each year. In
addition, the planning commission or the board of county commissioners,
at any time after the adoption of the plan or part thereof, may review or
reconsider such plan or part thereof so adopted and may propose, by
resolution, any amendments, extensions or additions to the same.

(f) When an amendment, extension or addition to the plan or part
thereof has been proposed, whether as a result of the annual review or
by resolution of the board of county commissioners or the planning com-

284             1997 Session Laws of Kansas             Ch. 72

mission, such proposed amendment, extension or addition shall first be
submitted to the planning commission for recommendation. A public
hearing shall be held thereon and an accurate written summary made of
the proceedings. Notice of such public hearing shall be published in like
manner as that required for the original recommendation on the plan,
shall fix the time and place for such hearing and shall contain a statement
describing, in general terms, the proposed amendment, extension or ad-
dition to the plan.

(g) A quorum of the planning commission is more than 1/2 of all its
members. For action on amendments, a vote either for or against an
amendment by a majority of the members of the commission present
constitutes a recommendation of approval or disapproval of the commis-
sion, whereas a vote either for or against an amendment by less than a
majority of the members of the commission present constitutes a ``failure
to recommend.''

(h) The board of county commissioners shall consider such amend-
ment, extension or addition as recommended by the planning commission
and, regardless of whether the recommendation is for approval or dis-
approval, if the board of county commissioners approves such recom-
mendation, it may adopt such recommendation, in whole or in part, by
resolution, or may take no further action thereon, as it deems appropriate.
In the event the planning commission submits a ``failure to recommend''
to the board of county commissioners, the board of county commissioners
may take such action it deems appropriate. Upon a recommendation of
the planning commission which the board of county commissioners, in
whole or in part, disapproves, the board of county commissioners shall
return such recommendation or part thereof to the planning commission
for further consideration along with a written statement of reasons for
disapproving the same or with suggested modifications. If the board of
county commissioners returns the proposed amendment, extension or
addition or part thereof to the planning commission for further consid-
eration as disapproved or with suggested modifications, the planning com-
mission shall reconsider such amendment, extension or addition or part
thereof as returned and, within 30 days of receipt thereof or such lesser
or greater time period as determined by the board of county commis-
sioners, either submit a new recommendation to the board of county
commissioners or resubmit its original recommendation to the board of
county commissioners. No additional public hearing shall be required
unless the board of county commissioners directs that one be held. If the
planning commission fails to deliver its recommendation to the board of
county commissioners within such time period the board of county com-
missioners shall consider such course of inaction on the part of the plan-
ning commission as a resubmission of its original recommendation. The
board of county commissioners, after receipt of the new or original rec-
ommendation of the planning commission on the returned amendment,

Ch. 72             1997 Session Laws of Kansas             285

extension or addition or part thereof, shall reconsider such matter and
thereafter, by resolution, may adopt, in whole or in part, or may revise or
amend and adopt such amendment, extension or addition, or may take
no further action thereon, as it deems appropriate. If the board of county
commissioners initiated such proposed amendment, extension or addi-
tion, the board of county commissioners need not return the same to the
planning commission if it disapproves of the planning commission's rec-
ommendation but may take such action as it deems appropriate after
receiving the planning commission's recommendation on the amend-
ment, extension or addition.

Sec. 2. K.S.A. 12-749 is hereby amended to read as follows: 12-749.
(a) Following adoption of a comprehensive plan, a city planning commis-
sion may adopt and amend regulations governing the subdivision of land.
A city planning commission shall apply subdivision regulations to all land
located within the city and may apply such regulations to land outside of
but within three miles of the nearest point of the city limits provided such
land is within the same county in which the city is located and does not
extend more than 1/2 the distance between such city and another city
which has adopted regulations under this section. A county planning com-
mission may establish subdivision regulations for all or for parts of the
unincorporated areas of the county.

(b) Subdivision regulations may include, but not be limited to, pro-
visions for the: (1) Efficient and orderly location of streets; (2) reduction
of vehicular congestion; (3) reservation or dedication of land for open
spaces; (4) off-site and on-site public improvements; (5) recreational fa-
cilities which may include, but are not limited to, the dedication of land
area for park purposes; (6) flood protection; (7) building lines; (8) com-
patibility of design; and (9) stormwater runoff, including consideration of
historic and anticipated 100-year rain and snowfall precipitation records
and patterns; and (10) any other services, facilities and improvements
deemed appropriate.

(b) (c) Subdivision regulations may provide for administrative
changes to land elevations designated on a plat. Such regulations may
provide for plat approval conditional upon conformance with the com-
prehensive plan. Such regulations may provide for the payment of a fee
in lieu of dedication of land. Such regulations may provide that in lieu of
the completion of any work or improvements prior to the final approval
of the plat, the governing body may accept a corporate surety bond, cash-
ier's check, escrow account, letter of credit or other like security in an
amount to be fixed by the governing body and conditioned upon the
actual completion of such work or improvements within a specified pe-
riod, in accordance with such regulations, and the governing body may
enforce such bond by all equitable remedies.

(c) (d) Before adopting or amending any subdivision regulations, the

286             1997 Session Laws of Kansas             Ch. 72

planning commission shall call and hold a hearing on such regulations or
amendments thereto. Notice of such hearing shall be published at least
once in the official city newspaper in the case of a city or in the official
county newspaper in the case of a county. Such notice shall be published
at least 20 days prior to the hearing. Such notice shall fix the time and
place for such hearing and shall describe such proposal in general terms.
In the case of a joint committee on subdivision regulations, such notice
shall be published in the official city and official county newspapers. The
hearing may be adjourned from time to time and at the conclusion of the
same, the planning commission shall prepare its recommendations and
by an affirmative vote of a majority of the entire membership of the
commission adopt the same in the form of proposed subdivision regula-
tions and shall submit the same, together with the written summary of
the hearing thereon, to the governing body. The governing body either
may: (1) Approve such recommendations by ordinance in a city or reso-
lution in a county; (2) override the planning commission's recommen-
dations by a 2/3 majority vote; or (3) may return the same to the planning
commission for further consideration, together with a statement speci-
fying the basis for the governing body's failure to approve or disapprove.
If the governing body returns the planning commission's recommenda-
tions, the planning commission, after considering the same, may resubmit
its original recommendations giving the reasons therefor or submit new
and amended recommendations. Upon the receipt of such recommen-
dations, the governing body, by a simple majority thereof, may adopt or
may revise or amend and adopt such recommendations by the respective
ordinance or resolution, or it need take no further action thereon. If the
planning commission fails to deliver its recommendations to the govern-
ing body following the planning commission's next regular meeting after
receipt of the governing body's report, the governing body shall consider
such course of inaction on the part of the planning commission as a re-
submission of the original recommendations and proceed accordingly.
The proposed subdivision regulations and any amendments thereto shall
become effective upon publication of the respective adopting ordinance
or resolution.

(d) The provisions of this section shall become effective on and after
January 1, 1992.

Sec. 3. K.S.A. 12-749 and 19-2958 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 7, 1997.