APPENDIX D – SUBDIVISION REGULATIONSAPPENDIX D – SUBDIVISION REGULATIONS\Chapter 3 Administration, Enforcement, and Filing Fees

The administration of these regulations is vested in the following governmental bodies of the City:

1.    Administrator

2.    Planning Commission

3.    Governing Body

The administrator shall administer the provisions of these regulations and in furtherance of such authority, shall:

1.    Maintain an up-to-date copy of these regulations, including amendments thereto.

2.    Assist the Planning Commission in informing applicants of required procedures and of decisions on plats.

3.    Provide application forms to applicants and process the filing fee.

4.    Receive and transmit Sketch Plat, Preliminary and Final Plat to the Planning Commission and governmental, public and private organizations as appropriate.

5.    Receive and process lot splits.

6.    Maintain a filing system for all applications, correspondence, plats, and related materials.

7.    Administrative Exception. If, in the opinion of the Administrator, the strict application of one or more provisions of the subdivision regulations will create a manifest injustice to a property owner and variance or exception relief is not otherwise herein provided, the Administrator may issue an administrative exception from said provisions. The administrative exception shall be in writing, dated and signed by Administrator and filed with the case decisions. The Administrator may establish conditions for the administrative exception to remain in force. An administrative exception is solely an equitable remedy, within the complete and absolute discretion of the Administrator, and therefore is not subject to administrative, legislative or judicial review. The fee to request an administrative exception is the same fee amount as the application fee.

The Planning Commission shall:

1.    Review and approve, approve conditionally, or disapprove the Sketch Plat.

2.    Review and approve, approve conditionally, or disapprove the Preliminary Plat.

3.    Review and approve or disapprove the Final Plat and transmit the same to the Governing Body.

4.    Make such other determinations and decisions as may be required of the Planning Commission acting as the Board of Zoning Appeals in granting variances to these regulations, and as required by these regulations, or the applicable sections of the Kansas Statutes Annotated.

The Governing Body shall review and approve or disapprove all final plats and, in cases of approval and where appropriate, accept dedications of streets, alleys, and other public ways and sites shown on such plats. In cases of disapproval, the sub-divider shall be informed in writing of the reasons for disapproval.

The City Council shall be responsible for all required improvements required by these regulations within the corporate limits of the City. The Board of County Commissioners of Butler County shall be responsible for all required improvements required by these regulations within the “Planning Area.”

No plat shall be approved which does not comply with the provisions of these regulations, or be entitled to record at the office of the County Register of Deeds, or have any validity until it shall have been approved in the manner prescribed by these regulations.

1.    No building permit or occupancy permit shall be issued by the City of Augusta Community Development Department until there has been compliance with all of the provisions of these regulations and conditions of plat approval.

2.    No building permit or occupancy permit shall be issued by the Butler County Community Development Department until there has been a Planning Area zoning certificate issued by the City of Augusta Community Development Department.

Filing fees for all planning and zoning actions shall be assessed in accordance with the adopted fee schedule resolution that may be amended from time to time by the Augusta City Council. Filing fees shall be required at the time all required documents are submitted to the Community Development Office for consideration.

A written receipt shall be issued to the person(s) making such payment. No fee shall be required when such proposed plat or lot-split is owned by any agency, political subdivision, board or commission of any township, City, the County, the State, or Federal Government. No fee shall be refunded in the event any Sketch Plat, Preliminary Plat, Final Plat, or lot-split is disapproved. (Ordinance No. 1813)

The developer shall pay the engineering plan review fee to the City before the Planning Commission will approve the Master Drainage Plan. (Ordinance No. 1872)