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Bylaws
Article 1. Name
Article 2. Purpose and Authorization
Article 3. General Rules
Article 4. Officers, Elections, and Vacancies
Article 5. Finances, Expenditures, Bonding
Article 6. Compensation
Article 7, Employing Legal Counsel
Article 8. Employing Planners or other Persons
Article 9. Meetings
Article 10. Committees
Article 11. Agenda Mailings
Article 12. Parliamentary Procedure
Article 13. Comprehensive Plan, Zoning Ordinances,
Subdivision Regulations
Article 14. Minutes and Records
Article 15. Conflicts of Interest
Article 16. Orientation and Continuing Education
Article 17. Processing Fees
Article 18. Resubmission of Failed Zone Change Requests
Article 19. Administrative Policies
Article 20. Amendments
Record of Revisions
Article 1. Name
The name of this organization shall be the “Kenton County Planning
Commission” and referred to hereinafter as “Commission”.
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Article 2. Purpose and
Authorization
The Commission’s purpose shall be to guide the economic growth
and physical development of Kenton County in a manner that assures
the community’s long-term health, safety, and general welfare.
Top
These Bylaws are enacted in accordance with Chapter 100 of the Kentucky
Revised Statutes (KRS) and the 1966 agreement signed and adopted
by Kenton County and its municipalities that created this Commission.
Top
Article 3. General Rules
Membership, oath and terms of office, quorum, vacancies, removal
of members, and other statutory requirements related to the Commission’s
activities shall be as stated in KRS 100. Top
Article 4. Officers,
Elections, and Vacancies
The Commission shall elect a Chairperson, a Vice-Chairperson, and
a Treasurer from among its members. All officers shall be citizen
members as stated in KRS 100, and eligible for reelection at the
expiration of their terms. Top
(1) The Chairperson shall preside at all meetings of the Commission.
The Chairperson or presiding officer is empowered to have removed
from any meeting any person or persons who disturb the orderly
conduct of the meeting. The Chairperson shall have the authority
to appoint hearing examiners or committees as necessary to carry
out the functions and operations of the Commission.
(2) The Vice-Chairperson shall preside in the absence of the
Chairperson and shall have, during those absences, all authority
and responsibilities of the Chairperson.
(3) The Treasurer shall preside in the absence of the Chairperson
and Vice-Chairperson and shall have, during those absences, all
authority and responsibilities of the Chairperson. He or she shall
be responsible for the finances of the Commission.
(4) A Chairperson Pro Tem shall be selected by members present
to preside as Chairperson during any meeting at which the Chairperson,
Vice-Chairperson, and Treasurer are absent. During those meetings,
the Chairperson Pro Tem shall have all authority and responsibilities
of the Chairperson.
The Chairperson shall initiate the annual election process during
the November meeting by appointing three of the Commission’s
members to the Nominating Committee. The Chairperson shall also
designate one of the members to chair the committee.
The committee shall prepare a slate of officers for the ensuing
year and make its report at the December meeting. The election shall
be pursued during the January meeting; nominations may also be made
from the floor providing the member making the nomination can assure
that the nominee has expressed a willingness to serve if elected.
Officers shall be elected by a majority vote of those members present
unless there are two or more members nominated for any office, in
which case the member receiving the largest number of votes shall
be elected. Officers shall take office upon the completion of the
election.
If an office is vacated, the Commission shall elect another citizen
member to fill the office for the remainder of the term. Nominations
for vacated offices shall be made from the floor during a regular
meeting noticed as an election meeting at least ten days in advance.
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Article 5. Finances,
Expenditures, Bonding
All Commission funds shall be deposited in a commercial bank as
may from time-to-time be chosen by the Treasurer. All checks written
on the account shall be signed by at least two of the following:
Chairperson; Vice-Chairperson; and Treasurer. Each of these officers
shall be bonded by and at the Commission’s expense to a level
of at least $5,000 per person. Top
Article 6. Compensation
Members may be compensated by the respective political subdivisions
in any amount agreed upon. In addition, compensation for attendance
at all regular meetings and reimbursement and/or compensation for
Commission-approved expenses shall be as set forth in an administrative
policy adopted under Article 19. Top
Article 7. Employing
Legal Counsel
The Commission shall employ or contract with an attorney or firm
of attorneys licensed to practice law in the Commonwealth of Kentucky.
This legal counsel shall not be a member of the Commission nor hold
an elective or appointive office in a jurisdiction that appoints
members to the Commission. This legal counsel shall attend all meetings
of the Commission and other meetings as requested by a Commission
officer or staff. The legal counsel shall receive an annual retainer
which shall cover all normal and routine Commission business. Compensation
may also be provided on an hourly basis for work involving law suits
to which the Commission is a party regardless of whether it is being
pursued by the Commission’s attorney or another attorney with
whom it has contracted. Top
Article 8. Employing
Planners and/or other Persons
The Commission may employ a staff or contract with an organization,
planners, an administrative secretary, and/or other persons it deems
necessary to accomplish its responsibilities and duties. These planning
professionals (or planning organization) shall be referred to hereinafter
as “staff.” Top
Article 9. Meetings
The following shall be considered official meetings of the Commission.
(1) Regular meetings shall be held as determined by the Commission
during its December meeting. Generally, these meetings shall be
held in Kenton County on the first Thursday of every month at
a place and time to be determined by the Commission.
(2) Special meetings may be held as called by the Chairperson
in accordance with notice requirements included in the Kentucky
Revised Statutes. Top
Article 10. Committees
The Chairperson shall appoint the following standing committees
during the Commission’s January meeting. These committees shall
be responsible for the issues noted and to meet and consider any
other business deemed necessary or assigned by the Chairperson.
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(1) The Executive Committee shall consist of the Chairperson,
Vice Chairperson, and Treasurer. This Committee shall meet as
needed and consider any business deemed necessary.
(2) The Bylaws Committee shall maintain the integrity of the
Commission’s Bylaws, to include specifically the processing
fees charged by the Commission, through biennial reviews.
(3) The Long Range Planning Committee shall pursue the periodic
review of the comprehensive plan. It shall also work with staff
on other long range planning initiatives.
(4) The Model Zoning Ordinance Committee shall maintain the integrity
of the Commission’s model zoning ordinance through regular
reviews.
(5) The Subdivision Review Committee shall oversee the staff’s
administration of the subdivision regulations and, as necessary,
draft amendments to them.
The Chairperson, with the approval of the Commission, may appoint
special committees at any time, establish their charges, and set
their time lines as necessary. Top
Article 11. Agenda Mailings
Copies of the proposed agenda shall be mailed to each member no
later than six days preceding the next regular or special meeting.
Except for telecommunication facilities which are provided for in
KRS 100.987(4)(c), all items to be included on the agenda of regular
meetings shall be submitted to staff at least 21 calendar days prior
to the regular meeting. The agenda format shall follow the model
set forth in an administrative policy adopted under Article 19.
Top
Article 12. Parliamentary
Procedure
The Commission shall utilize rules of order it adopts as administrative
policy under Article 19 to govern the proceedings of its meetings.
Top
Article 13. Comprehensive
Plan, Zoning Ordinances, Subdivision Regulations
Applications to adopt, revise, or amend the comprehensive plan,
a local zoning ordinance, or the subdivision regulations shall be
handled as follows. Top
(1) The applicant shall file the proposed amendment first with
the Northern Kentucky Area Planning Commission (NKAPC) in accordance
with the requirements of KRS 147.673 and the operating procedures
of that organization.
(2) The applicant shall file the application and all required
information with staff.
(3) The staff shall determine if all necessary information has
been submitted; in no case shall this review exceed three work
days.
(a) If staff determines that all necessary information has
been submitted, it shall notify the applicant and the NKAPC
in writing.
(b) If staff determines that all necessary information has
not been submitted, it shall notify the applicant and the NKAPC
of this determination in writing. No additional review of the
application may be pursued until staff can determine that all
required information has been submitted in conformance with
(a) above.
(4) The Commission shall pursue a public hearing on the application
as required by KRS 100. The decision of the Commission shall be
based on the evidence and information presented during the public
hearing as well as the written recommendation of the NKAPC. Top
Article 14. Minutes and
Records
The Commission and its committees shall keep minutes and complete
records of all proceedings and financial statements pursuant to
KRS 100.167 as amended. At a minimum, the minutes shall include
findings, determinations, the names of members making and seconding
motions, the number of votes for and against each question, and
if any member is absent or disqualified from voting, indicating
the reason. Minutes of all proceedings and or committees, shall
be provided to the entire Commission prior to the next regular meeting.
Transcripts of any of the Commission’s proceedings shall be
provided if requested at the expense of the requesting party at
a reasonable cost for reproduction and the transcript shall constitute
the record. Top
Article 15. Conflicts
of Interest
Members who have a direct or indirect financial interest in the
outcome of an application pending before the Commission shall disqualify
themselves at the beginning of discussion, shall not participate
in the ensuing discussion of the Commission, nor be counted towards
the quorum required to decide the application. For the purposes
of this Article, it should be noted that “indirect financial
interest” as used in KRS 100.171(1) and these Bylaws is not
defined. However, members should not equate indirect financial interest
with speculative interest. A direct interest affects the member’s
immediate personal or financial interest. An indirect interest affects
that status through an intervening party, such as a close family
member. Disqualifications shall be noted in the Commission’s
minutes and shall not be counted as abstentions. Top
Article 16. Orientation
and Continuing Education
Each member and staff of the Commission shall comply with requirements
of KRS 147A.027. Top
Article 17. Processing
Fees
The Commission shall charge the following processing fees for rezoning
applications.
| Rezoning |
Fee |
Plus |
| Map Amendments |
$1250
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• to a residential use
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$2 per acre or fraction;
1st class postage for each adjacent property owner |
• to a commercial use
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$30 per acre or fraction;
1st class postage for each adjacent property owner |
• to an industrial use
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$30 per acre or fraction;
1st class postage for each adjacent property owner |
• to a PUD
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$2 per acre or fraction;
1st class postage for each adjacent property owner |
| Text Amendment |
$200
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| Comp Plan Amendment |
$200
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| Stage II Development Plan |
$500
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Additional
Information:
• Additional acreage fees shall not exceed $1000 per application.
•Additional acreage fees shall not apply to political jurisdictions
seeking to rezone recently-annexed land.
•Applicants withdrawing an application prior to 15 days
before the public hearing shall be refunded $475 of the total
fees paid for the map amendment and, as applicable, $132 of
the total fees paid for the text amendment.
• Applicants withdrawing an application within 15 days
before the public hearing shall not be entitled to a refund.
•Applicants seeking a postponement or continuance of a
public hearing shall be assessed $50 plus the cost of advertising
the change. Applicants shall not be granted more than one postponement
or continuance per application. |
The Commission shall charge the following processing fees for subdivision
applications. Top
| Subdivision
of Land |
Fee |
Plus |
| Preliminary Plat |
$600
|
$10 per acre or fraction
for the gross area to be platted |
|
Preliminary Plat Resubmission
|
$250
|
$5 per acre or fraction
for the gross area to be platted |
|
Grading Plan, Erosion and Sedimentation Control Plans / Specification
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$375
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$10 per acre or fraction
for the gross area proposed for preliminary construction grading |
|
Improvement Drawings and Specifications, Erosion and Sedimentation
Control Plans / Specifications
|
$500
|
$10 per acre or fraction
for the gross area proposed for construction |
|
Final Plat, Condominium Property Regime
|
$425
|
$10 per acre or fraction
for the gross area to be platted |
| Identification Plat |
$250
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Additional Information:
• Preliminary plat resubmission fees apply whenever two
years pass following action to approve a final plat within the
same subdivision.
• Except for floor plans within condominiums, each page
of a final plat constitutes a separate section to be labeled
accordingly. |
The Commission shall charge the following recording fees. Top
| Document |
Fee |
| Certificate of Land Use
Restriction |
Recording fee and maximum administrative
handling fee set by KRS 100 |
| Preliminary Plat |
Recording fee and maximum administrative
handling fee set by KRS 100 |
| Stage I Development Plan |
Recording fee and maximum administrative
handling fee set by KRS 100 |
| Final Plat |
Recording fee set by the Kenton County
Clerk |
| Condominium Property Regime |
Recording fee set by the Kenton County
Clerk |
| Identification Plat |
Recording fee set by the Kenton County
Clerk |
Additional Information:
• Fees for final plats and condominium property regimes
shall include total fees payable to the Kenton County Clerk.
• Fees for identification plats shall include transfer
taxes payable to the Kenton County Clerk at the time of recording.
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The Commission shall charge the following construction review fees.
Construction review fees apply to improvement items, whether publicly
or privately owned, within subdivisions or residential property
regimes to be dedicated to public use or maintained by a community
or homeowners' association. Top
| Construction
Review |
Fee |
Plus |
| Grading Plan, Erosion and
Sedimentation Control Plans including related Improvement Drawings
or Stage II Development Plans and Specifications
|
|
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• for attached residential
|
$55 per unit
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$2.75 per lineal foot of
street |
• for detached residential
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$110 per unit
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$2.75 per lineal foot of
street |
• for commercial and industrial
|
$165 per unit
|
$2.75 per lineal foot of
street |
| Final Plat or Condominium
Property Regime Plat
|
|
|
• for driveways and sidewalks within the public right
of way except state or county maintained roadways
|
$75 per unit or bldg lot whichever is greater
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| Identification Plat |
|
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• for driveways and sidewalks within the public right
of way except state or county maintained roadways
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$75 per unit or bldg lot whichever is greater
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Additional Information:
• Construction review fees shall be based upon submitted
grading plans and erosion and sedimentation control plans including
related improvement drawings or stage II development plans and
specifications.
• For grading plans and erosion and sedimentation control
plans submitted separately, 100 percent of the noted fee shall
be submitted prior to approval of the plans. |
The Commission shall charge the following fees for public administrative
reviews. Top
| Public
Administrative Review |
Fee |
| Waiver of Subdivision Regulations
Requirement |
$400 per request |
| Appeal of staff action on
an Identification, Preliminary, or Final Plat |
$400 per request |
| Telecommunications Facility |
$2500 per request; 1st class
postage for each adjacent property owner |
Additional Information:
• Unless specified otherwise, requests to waive requirements
of the subdivision regulations shall require a public hearing
prior to any action by the Commission. |
The Commission shall charge the following fees for review and inspection
of public facilities. Top
| Public
Facilities |
Fee |
| Review of public facilities
of Areawide significance where the NKAPC has determined the
proposed project does not rise to the level required by KRS
147.680. |
$200 per review |
| Construction inspections
of public facilities and improvements requested by the jurisdiction’s
legislative body. |
Billed at cost of staff. |
| Construction inspections
of public facilities and improvements requested by a private
developer. |
Billed at cost of staff
plus overhead. |
Additional Information:
• Requests by private developers shall be acknowledged
by the jurisdiction’s legislative body. |
Article 18. Resubmission
of Failed Zone Change Requests
The Commission discourages resubmission of denied zone change requests
for a period of one year after the request was denied by the legislative
body. A failed zone change request will be considered for public
hearing only as follows.
(1) A request for reconsideration may be submitted to staff only
when it represents a substantially different proposal than what
was denied previously by the legislative body. Filing deadlines
established by the Commission for its regular meeting agendas
shall apply to these requests. The applicant shall submit a non-refundable
fee of 20 percent of the total applicable fee with the request
for reconsideration.
(2) Without reviewing or commenting, staff shall submit the request
to the Commission.
(3) The Commission shall review the request and determine through
its findings of fact one of the following.
(a) Upon finding that the request is substantially different
from its failed predecessor, the Commission shall direct staff
to schedule it for public hearing as soon as possible. The applicant
shall be required to pay the full applicable fee for the zone
change request, with credit given for the fee already paid.
(b) Upon finding that the request is not substantially different
from its failed predecessor, the Commission shall direct staff
to notify the applicant. Top
Article 19. Administrative
Policies
The Commission adopts administrative policies from time to time
to provide binding controls necessary to amplify or supplement its
regulations. The Commission has adopted the following administrative
policies to date.
Entire Set (1-11)
(1) AP 1: Concrete Testing Reports (June 4, 1992)
(2) AP 2: Defining Private Streets, Parking Areas, and Driveways within Residential Property Regimes (July 2, 1992; July 9, 1998)
(3) AP 3: Professionals Serving As Commission Members (May 6,
1992)
(4) AP 4: Qualified/Recognized Geotechnical Engineers (November
3, 1994)
(5) AP 5: Public Records: Rules and Recommendations (August 1,
1996)
(6) AP 6: Cellular Antenna Towers and Cellular Telecommunications Services (October 1, 1998; January 7, 1999; July 1, 1999; July
5, 2001, July 11, 2002)
(7) AP 7: Subdivision Inspection Procedures (March 4, 1999)
(8) AP 8: Digital Submission Guidelines (October 5, 2000; August
1, 2002)
(9) AP 9: Continuing Education Records (January 3, 2002)
(10) AP 10: Regular Meeting Agenda; Rules of Order (March 3, 2005; May 4, 2006)
(11) AP 11: Compensation, Reimbursement, and Per Diem Regulations (February 2, 2006)
Top
Article 20. Amendments
Amendments to these Bylaws shall be approved by a majority vote
of the Commission’s entire membership. Proposed amendments
shall be submitted to staff 21 days prior to any regular meeting.
Staff shall mail a copy of the submitted amendment(s) to the members
14 days prior to the next regular Commission meeting. Top
Record of Revisions |
Article, Administrative Policy |
Date |
Reason |
| Article 10 |
December 6, 1984 |
See minutes of the noted meeting for explanation
|
| Article 14 |
March 2, 1989 |
| Articles 3, 5, 7, 9, 10, 12, 14, 15 |
January 4, 1990 |
| Article 14 |
March 1, 1990 |
| Article 14 |
April 5, 1990 |
| Article 14 |
October 3, 1991 |
| Articles 14, 17, 18 |
December 3, 1992 |
| Articles 9, 10 |
June 3, 1993 |
| Article 14 |
December 1, 1994 |
| Articles 9, 14, 19 |
June 1, 1995 |
| Articles 3, 18 |
August 1, 1996 |
| Article 14 |
August 7, 1997 |
| Article 18; AP 2 |
July 9, 1998 |
| Articles 14, 17; AP 6 |
October 1, 1998 |
| AP 6 |
January 7, 1999 |
| AP 7 |
March 4, 1999 |
| Article 14; AP 6 |
July 1, 1999 |
| Article 14 |
September 2, 1999 |
| AP 8 |
October 5, 2000
|
Articles 1, 13, 14, 20; AP 6 |
July 5, 2001 |
AP 9 |
January 3, 2002 |
| Article 14; AP 6 |
July 11, 2002 |
| AP 8 |
August 1, 2002 |
| Articles 14, 17 |
December 4, 2003 |
| Articles 1-20 |
March 3, 2005 |
Entire document updated, reorganized, and rewritten. |
| AP 11 |
February 2, 2006 |
Added policy to cover compensation, payments, and reimbursement |
| AP 10 |
May 4, 2006 |
Amended policy to include provision on Due Process as it relates to the length/adjournment time of monthly public hearings |
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