§ 27-23. Approval of construction of public facility or utility.  


Latest version.
  • (a)

    Except as provided in subsection (b) of this section, whenever the planning commission has adopted and certified the comprehensive plan for one or more major sections or functional subdivisions thereof, no public improvement, public facility or public utility of a type embraced within the recommendations of the comprehensive plan or portion thereof shall be construed without first being submitted to and approved by the planning commission as being in conformity with the plan. If the planning commission does not make a report within 60 days, the project shall be deemed to have been approved by the planning commission. If the planning commission finds that any such proposed public improvement, facility or utility does not conform to the plan, the commission shall submit in writing to the unified government board of commissioners, the manner in which such proposed improvement, facility or utility does not conform. The unified government board of commissioners may override the plan and the report of the planning commission, and the plan for the area concerned shall be deemed to have been amended.

    (b)

    Whenever the planning commission has reviewed a capital improvement program and found that a specific public improvement, public facility or public utility of a type embraced within the recommendations of the comprehensive plan or portion thereof is in conformity with such plan, no further approval by the planning commission is necessary under this section.

(Code 1988, § 27-30; Ord. No. 64690, § 1(27-1.5), 8-30-1984; Ord. No. 65690, § 4, 1-2-1992)

State law reference

Similar provisions, K.S.A. 12-747.

Cross reference

Sewers and sewage disposal, ch. 30; streets and sidewalks, ch.32.