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. 11 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.
 3    (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.