19-2961.   Same; regulations concerning subdivision of land inunincorporated area of county, procedure; reservation of land for openspace or recreation; notice; hearing; amendment of regulations; fees;platting of subdivision, approval; building permits; naming and numbering streets.(a) The board of county commissioners, after the adoption of acomprehensive plan, may provide for the adoption, or amendment, ofregulations governing the subdivision of land located within theunincorporated portion of the county in the manner, and for the purposes,provided by this act. Such regulations may provide for the harmoniousdevelopment of the county, including the proper location and width ofstreets, and for building lines, open spaces, safety and recreationalfacilities, flood protection and floodplain regulations and for theavoidance of congestion of population, including minimum width, depth andarea of lots and compatibility of design. Such regulations also may providefor the reservation or dedication of land for open space for either publicrecreational use or for the future use of the owners or occupants ofsubdivisions in order to insure a reasonable balance of use or design andto avoid the overcrowding of land. Such reservation or dedication shall bedetermined by the geometric design of the streets, lots, blocks or other natural features of the subdivision but such reservation or dedicationshall not exceed 10% of the tract being subdivided, exclusive of streets,alleys, easements or other public ways. No owner of a tract beingsubdivided shall be prevented from offering more than 10% of such tract forsuch reservation or dedication nor shall the board of county commissionersbe prevented from accepting such offering.

      The subdivision regulations, as a condition to the approval of any plat,also may require and fix the extent to which and the manner in whichstreets shall be improved and water, sewer, drainage and other utilitymains and piping or connections or other physical improvements shall beinstalled. Such regulations may provide that in lieu of the completion ofsuch work or improvements prior to the final approval of the plat, theboard of county commissioners may accept a completion bond, cashier'scheck, escrow account or other like security in an amount to be fixed bythe board of county commissioners and conditioned upon the actualcompletion of such work or improvements within a specified period, inaccordance with such regulations, and the board of county commissioners mayenforce such bond, check or other like security by all equitable and legalremedies. In addition, the board of county commissioners may require amaintenance bond, cashier's check, escrow account or other like security ina reasonable amount to be in force for a period of one year following finalcounty approval of such work or improvements.

      (b)   Before the board of county commissioners creates any regulationsgoverning the subdivision of land located in the unincorporated portion ofthe county, the board shall require the planning commission to recommend tothe board of county commissioners the regulations or restrictions.

      The notice, hearing and voting procedures for adoption of the subdivisionregulations shall be the same as that required for adoption of thecomprehensive plan as provided by K.S.A. 19-2958.

      After adoption of the subdivision resolution, the regulations,restrictions or requirements contained therein may from time to time besupplemented, changed or generally revised by amendment. A proposal forsuch amendment may be initiated by the board of county commissioners, theplanning commission, any zoning board or upon application of the owner ofproperty affected.

      The board of county commissioners may establish reasonable fees to bepaid in advance by the owner of any property at the time of makingapplication for any amendment.

      All such proposed amendments to the subdivision resolution shall first besubmitted to the planning commission for recommendation. All notice,hearing and voting procedures for consideration of proposed amendments tothe subdivision resolution shall be the same as that required foramendments, extensions or additions to the comprehensive plan as providedby K.S.A. 19-2958.

      (c)   Whenever any such regulations governing the subdivision of landunder the provisions of this act are adopted, the owner or owners of anyland located within the area governed by such regulations who: (1)subdivides the same into lots and blocks or tracts or parcels, for thepurpose of laying out any subdivisions, suburban lots, building lots,tracts or parcels or (2) establishes any street, alley, park or public wayintended to be dedicated for public use or for the use of purchasers orowners of lots, tracts or parcels of land fronting thereon or adjacentthereto, shall cause a plat to be made which shall accurately describe thesubdivision, lots, tracts or parcels of land giving the location anddimensions thereof, or the location and dimensions of all streets, alleys,parks or other properties intended to be dedicated to public use or for theuse of purchasers or owners of lots, tracts or parcels of land frontingthereon or adjacent thereto, and every such plat shall be duly acknowledgedby the owner or owners thereof.

      All such plats shall be submitted to the zoning board for that townshipin which such land is located for its consideration and, within 60 daysthereafter, unless the regulations provide otherwise, its recommendationshall be submitted to the board of county commissioners for its officialconsideration and action. No such plat or replat or dedication of street,alley, park or public way shall be effective until filed with the registerof deeds of such county as provided by law and no such plat, replat ordedication shall be filed with the register of deeds until such plat orreplat or dedication shall have endorsed thereon the fact that it has beensubmitted to the zoning board and approved by the board of countycommissioners, and that any land dedicated for public purposes has beenaccepted by the board of county commissioners.

      The board of county commissioners may establish a scale of reasonablefees to be paid in advance to the secretary of the zoning board by theapplicant for each plat filed with the zoning board.

      No building authorization shall be granted for the construction of anystructure upon any lot, tract or parcel of land located within the areagoverned by the subdivision regulations that has been subdivided,resubdivided or replatted after the date of the adoption of suchregulations by the board of county commissioners but which has not beenapproved in the manner provided by this act. Any regulations adopted by theboard of county commissioners with reference to subdividing lots shallprovide for the issuance of building permits on lots divided into not morethan two tracts without having to replat such lot, provided that theresulting tracts shall not again be divided without replatting, except asmay otherwise be provided. Such regulations shall contain procedures forissuance of building permits on such divided lots which take into accountzoning regulations, the need for adequate street rights-of-way, easementsand improvement of public facilities, shall provide for a procedure whichshall specify a time limit within which action shall be taken and also mayprovide for the final decision on the issuance of such building permit tobe made by the board of county commissioners, except as may be provided by law.

      Any regulations adopted by the board of county commissioners may provideadditional or alternative review methods if a proposed plat is located intwo or more townships.

      (d)   The board of county commissioners is hereby authorized to name orrename streets and to number and renumber business and residence addressesin the unincorporated portion of the county.

      History:   L. 1984, ch. 96, § 6; May 3.