SENATE BILL No. 13
By Special Committee of Assessment and Taxation
8 AN ACT relating to the filing of plats; amending K.S.A. 1998 Supp. 12-
9 752 and repealing the existing section.
11 Be it enacted by the Legislature of the State of Kansas:
12 Section 1. K.S.A. 1998 Supp. 12-752 is hereby amended to read as
13 follows: 12-752. (a) The owner or owners of any land located within an
14 area governed by regulations subdividing the same into lots and blocks
15 or tracts or parcels, for the purpose of laying out any subdivisions, sub-
16 urban lots, building lots, tracts or parcels or any owner of any land estab-
17 lishing any street, alley, park or other property intended for public use or
18 for the use of purchasers or owners of lots, tracts or parcels of land front-
19 ing thereon or adjacent thereto, shall have a plat drawn as may be re-
20 quired by the subdivision regulations. Such plat shall accurately describe
21 the subdivision, lots, tracts or parcels of land giving the location and di-
22 mensions thereof and the location and dimensions of all streets, alleys,
23 parks or other properties intended to be dedicated to public use or for
24 the use of purchasers or owners of lots, tracts or parcels of land fronting
25 thereon or adjacent thereto. All plats shall be verified by the owner or
26 owners thereof. All such plats shall be submitted to the planning com-
27 mission or to the joint committee for subdivision regulation.
28 (b) The planning commission or the joint committee shall determine
29 if the plat conforms to the provisions of the subdivision regulations. If
30 such determination is not made within 60 days after the first meeting of
31 such commission or committee following the date of the submission of
32 the plat to the secretary thereof, such plat shall be deemed to have been
33 approved and a certificate shall be issued by the secretary of the planning
34 commission or joint committee upon demand. If the planning commission
35 or joint committee finds that the plat does not conform to the require-
36 ments of the subdivision regulations, the planning commission or joint
37 committee shall notify the owner or owners of such fact. If the plat con-
38 forms to the requirements of such regulations, there shall be endorsed
39 thereon the fact that the plat has been submitted to and approved by the
40 planning commission or joint committee.
41 (c) The governing body shall accept or refuse the dedication of land
42 for public purposes within 30 days after the first meeting of the governing
SB 13 2
1 body following the date of the submission of the plat to the clerk thereof.
2 The governing body may defer action for an additional 30 days for the
3 purpose of allowing for modifications to comply with the requirements
4 established by the governing body. No additional filing fees shall be as-
5 sessed during that period. If the governing body defers or refuses such
6 dedication, it shall advise the planning commission or joint committee of
7 the reasons therefor.
8 (d) The governing body may establish a scale of reasonable fees to
9 be paid to the secretary of the planning commission or joint committee
10 by the applicant for approval for each plat filed with the planning com-
11 mission or joint committee.
12 (e) No building or zoning permit shall be issued for the use or con-
13 struction of any structure upon any lot, tract or parcel of land located
14 within the area governed by the subdivision regulations that has been
15 subdivided, resubdivided or replatted after the date of the adoption of
16 such regulations by the governing body or governing bodies but which
17 has not been approved in the manner provided by this act.
18 (f) Any regulations adopted by a governing body with reference to
19 subdividing lots shall provide for the issuance of building permits on plat-
20 ted lots divided into not more than two tracts without having to replat
21 such lots. Such regulations also may authorize and establish conditions
22 for the issuance of building permits on lots divided into three or more
23 tracts without having to replat such lots. Such regulations shall provide
24 that lots zoned for industrial purposes may be divided into two or more
25 tracts without replatting such lot. Such regulations shall contain a pro-
26 cedure for issuance of building or zoning permits on divided lots which
27 shall take into account the need for adequate street rights-of-way, ease-
28 ments, improvement of public facilities, and zoning regulations if in
30 (g) The regulations shall provide for a procedure which specifies a
31 time limit within which action shall be taken, and shall further provide,
32 where applicable, for the final decision on the issuance of such building
33 permit to be made by the governing body, except as may be provided by
35 (h) The register of deeds shall not file any plat until such plat shall
36 bear the endorsement hereinbefore provided and the land dedicated for
37 public purposes has been accepted by the governing body. Any such plat
38 may be filed in a digital format.
39 Sec. 2. K.S.A. 1998 Supp. 12-752 is hereby repealed.
40 Sec. 3. This act shall take effect and be in force from and after its
41 publication in the statute book.