Appendix D · Subdivision Regulations

ARTICLE 7. MISCELLANEOUS

4 sections

Section 7-1. Validity

7-101. Should any section, clause or provision of these Subdivision Regulations be declared invalid or unconstitutional by any court of record, the same shall not affect the validity of these regulations as a whole, or any part thereof, other than the part so declared to be invalid or unconstitutional.

Section 7-2. Repeal of Existing Regulations and Accrued Rights and Liabilities

7-201. The adoption of these Subdivision Regulations repeals the existing subdivision regulations of the City of Abilene in their entirety.

7-202. Despite the repeal of regulations existing at the time of adoption of these regulations, nothing contained in these Subdivision Regulations shall affect any rights accrued or liabilities incurred under said previously existing regulations.

Section 7-3. Effective Date

7-301. These regulations, being designated as the “Subdivision Regulations of the City of Abilene, Kansas”, shall be in full force and effect from and after their passage and publication.

Section 7-4. Amendments

7-401. Amendment Procedure: These regulations may be amended at any time, in accordance with K S.A 12-749(c) and amendments thereto, after the Planning Commission has held a public hearing on the proposed amendment. A notice of such public hearing shall be published for two consecutive weeks, the second of which shall be at least 20 days prior to the public hearing. Such notice shall fix the time and place for such hearing and shall describe such proposal in general terms.

7-402. Public Hearing: The hearing shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the Planning Commission may from time to time prescribe by rule. Any interested person or party may appear and be heard at the hearing.

7-403. Action by the Planning Commission: Upon the conclusion of the public hearing, the Planning Commission shall prepare and adopt its recommendations and by an affirmative vote of a majority of the entire membership adopt the same in the form of proposed subdivision regulations. The Planning Commission shall submit the same together with a record of the hearing to the Governing Body.

7-404. Action by the County Board: When the Planning Commission submits a recommendation of approval or disapproval of such amendment, the Governing Body may either:

(1)Approve such recommendation by ordinance;

(2)override the Planning Commission recommendation by a 2/3 majority vote; or

(3)may return the same to the Planning Commission for further consideration, together with a statement specifying the basis for the Governing Body's failure to approve or disapprove. If the Governing Body returns the Planning Commission recommendations, the Planning Commission, after considering the same, may resubmit its original recommendations giving the reasons therefor or submit new and amended recommendations. Upon the receipt of such recommendations, the Governing Body, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendations by ordinance, or it need take no further action thereon. If the Planning Commission fails to deliver its recommendations to the Governing Body following the Planning Commission's next regular meeting after receipt of the Governing Body's report, the Governing Body 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 regulations and any amendments thereto shall become effective upon publication of the adopting ordinance.