Sub. HB 2204--
Session of 1997
Substitute for HOUSE BILL No. 2204
By Committee on Environment
9 AN ACT concerning stormwater runoff; relating to subdivision regula-
10 tions; amending K.S.A. 12-749 and repealing the existing section.
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. K.S.A. 12-749 is hereby amended to read as follows: 12-
14 749. (a) Following adoption of a comprehensive plan, a city planning
15 commission may adopt and amend regulations governing the subdivision
16 of land. A city planning commission shall apply subdivision regulations to
17 all land located within the city and may apply such regulations to land
18 outside of but within three miles of the nearest point of the city limits
19 provided such land is within the same county in which the city is located
20 and does not extend more than 1/2 the distance between such city and
21 another city which has adopted regulations under this section. A county
22 planning commission may establish subdivision regulations for all or for
23 parts of the unincorporated areas of the county.
24 (b) Subdivision regulations may include, but not be limited to, pro-
25 visions for
the: (1) Efficient and orderly location of streets; (2) reduction
26 of vehicular congestion; (3) reservation or dedication of land for open
27 spaces; (4) off-site and on-site public improvements; (5) recreational fa-
28 cilities which may include, but are not limited to, the dedication of land
29 area for park purposes; (6) flood protection; (7) building lines; (8) com-
30 patibility of design; and (9) stormwater runoff, including consideration of
31 historic and anticipated 100-year rain and snowfall precipitation records
32 and patterns; and (10) any other services, facilities and improvements
33 deemed appropriate.
34 (b) (c) Subdivision regulations may provide for administrative
35 changes to land elevations designated on a plat. Such regulations may
36 provide for plat approval conditional upon conformance with the com-
37 prehensive plan. Such regulations may provide for the payment of a fee
38 in lieu of dedication of land. Such regulations may provide that in lieu of
39 the completion of any work or improvements prior to the final approval
40 of the plat, the governing body may accept a corporate surety bond, cash-
41 ier's check, escrow account, letter of credit or other like security in an
42 amount to be fixed by the governing body and conditioned upon the
43 actual completion of such work or improvements within a specified pe-
Sub. HB 2204
1 riod, in accordance with such regulations, and the governing body may
2 enforce such bond by all equitable remedies.
(c) (d) Before adopting or amending any subdivision regulations, the
4 planning commission shall call and hold a hearing on such regulations or
5 amendments thereto. Notice of such hearing shall be published at least
6 once in the official city newspaper in the case of a city or in the official
7 county newspaper in the case of a county. Such notice shall be published
8 at least 20 days prior to the hearing. Such notice shall fix the time and
9 place for such hearing and shall describe such proposal in general terms.
10 In the case of a joint committee on subdivision regulations, such notice
11 shall be published in the official city and official county newspapers. The
12 hearing may be adjourned from time to time and at the conclusion of the
13 same, the planning commission shall prepare its recommendations and
14 by an affirmative vote of a majority of the entire membership of the
15 commission adopt the same in the form of proposed subdivision regula-
16 tions and shall submit the same, together with the written summary of
17 the hearing thereon, to the governing body. The governing body either
18 may: (1) Approve such recommendations by ordinance in a city or reso-
19 lution in a county; (2) override the planning commission's recommen-
20 dations by a 2/3 majority vote; or (3) may return the same to the planning
21 commission for further consideration, together with a statement speci-
22 fying the basis for the governing body's failure to approve or disapprove.
23 If the governing body returns the planning commission's recommenda-
24 tions, the planning commission, after considering the same, may resubmit
25 its original recommendations giving the reasons therefor or submit new
26 and amended recommendations. Upon the receipt of such recommen-
27 dations, the governing body, by a simple majority thereof, may adopt or
28 may revise or amend and adopt such recommendations by the respective
29 ordinance or resolution, or it need take no further action thereon. If the
30 planning commission fails to deliver its recommendations to the govern-
31 ing body following the planning commission's next regular meeting after
32 receipt of the governing body's report, the governing body shall consider
33 such course of inaction on the part of the planning commission as a re-
34 submission of the original recommendations and proceed accordingly.
35 The proposed subdivision regulations and any amendments thereto shall
36 become effective upon publication of the respective adopting ordinance
37 or resolution.
38 (d) The provisions of this section shall become effective on and after
39 January 1, 1992.
40 Sec. 2. K.S.A. 12-749 is hereby repealed.
41 Sec. 3. This act shall take effect and be in force from and after its
42 publication in the statute book.