The administration of these regulations is vested in the Codes Administrator, the City Engineer, the Planning Commission and the Governing Body:
(a) The Codes Administrator shall:
(1) Maintain permanent and current records with respect to these regulations, including amendments thereto;
(2) Receive and file, on behalf of the Planning Commission, all pre- application plans, preliminary plats, and final plats together with other necessary information;
(3) Distribute copies of preliminary plats to other appropriate governmental agencies and departments for their review and recommendations;
(4) File approved final plats with the Register of Deeds of Douglas County, Kansas;
(5) Administer the review of all applications for Site Plans, Preliminary and Final Plats, Development Plans, Uses Permitted Upon Review, Zoning and Subdivision Text amendments and related regulatory matters, in consultation with relevant City elected and appointed officials, the City Engineer, and relevant consulting advisory staff; and notify applicants of acceptability for review.
(6) Administer the procedures for Sketch Plats per Section 17-402 (a).
(7) Review and approve, approve conditionally or disapprove Lot Splits, Lot Line Adjustments, and Lot Consolidations per Sections 17-403 (e) (f) and (g).
(8) Issue building and occupancy permits in compliance with these regulations and the conditions of plat approval.
(b) Duties of the City Engineer Pertaining to this Ordinance
(1) Determine the need for a detailed Drainage Study or storm water improvements based upon the submittal of the Sketch Plat per Section 17-402 (a).
(2) Review all applications for Preliminary and Final Plats in coordination with the Codes administrator.
(3) Review and approve, approve conditionally, or disapprove Drainage Studies as may be required by the City from time to time.
(4) Review and approve, approve conditionally, or disapprove Construction Documents.
(5) Review or inspect all required improvements and as-built drawings and recommend acceptance, acceptance conditionally or rejection.
(c) The Planning Commission shall:
(1) Review all pre-application plans and data, preliminary plats and small area subdivisions for compliance with these regulations;
(2) Review final plats for compliance with the approved preliminary plat and with the final plat provisions of these regulations;
(3) Review and approve, conditionally approve, or disapprove preliminary plats;
(4) Review and approve, conditionally approve, or disapprove final plats and, unless disapproved, transmit the same to the city council for acceptance of dedication of streets, alleys and other public ways and sites;
(5) Make such other determinations and decisions as may be referred to the commission from time to time as required by these regulations, or by applicable sections of the Kansas Statutes Annotated.
(d) The Governing Body shall:
(1) Consider Planning Commission recommendations on Final Plats and accept or reject dedications of public rights-of-way, alleys, easements, and other public ways and sites.
(2) Accept or reject financial guarantees from subdividers in lieu of immediate completion or installation of improvements required by the regulation.
(3) Accept, accept conditionally or reject dedication of required improvements following completion and inspection.
(4) Take other action as required from time to time including the consideration of amendments to these regulations.
A plat submitted for preliminary or final approval shall be placed on the agenda of the Planning Commission only if the Planning Commission certifies the application for plat approval is complete (if applicable) and affixes the date of acceptance on the preliminary plat.
Before amending any subdivision regulations, the Planning Commission shall call and hold a hearing on such amendments. Notice of such hearing shall be published at least once in the official city newspaper. 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. 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 regulations and shall submit the same, together with the written summary of the hearing thereon, to the city council. The city council either may:
(a) Approve such recommendations by ordinance;
(b) Override the Planning Commission’s recommendation by a 2/3 majority vote; or
(c) May return the same to the Planning Commission for further consideration, together with a statement specifying the basis for the city council’s failure to approve or disapprove. If the city council returns the Planning Commission’s recommendations the Planning Commission, after considering the same, may resubmit its original recommendations giving the reasons therefore or submit new and amended recommendations. Upon the receipt of such recommendations, the city council, 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 Commissions next regular meeting after receipt of the city council report, the city council shall consider such course of inaction on the part of the Planning Commission as a resubmission of the original recommendations and proceed accordingly. The proposed subdivision amendments shall become effective upon publication of the adopting ordinance.
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and shall be punished by a fine not to exceed $500, or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each transfer, or offer for sale of a lot or parcel of land in violation of these regulations, shall be considered a separate offense.
(a) The provisions of these regulations are cumulative and are additional limitations upon other laws and ordinances heretofore passed or which may be passed hereafter governing any subject matter in the provisions of these regulations.