BOARD OF COUNTY COMMISSIONERS

OF

FRANKLIN COUNTY, KANSAS

RESOLUTION NO. 06-075     

A RESOLUTION RESTRICTING THE ISSUANCE OF BUILDING PERMITS ON MINIMUM MAINTENANCE ROADS

WHEREAS, K.S.A. 19-101 provides that a County may exercise the powers of home rule to determine its local affairs and government authorization under the provisions of K.S.A. 19-101a; and

WHEREAS, the County desires to amend their policy in regard to the issuance of building permits for non-agricultural structures on minimum maintenance roads and this is a permissible exercise of home rule power, pursuant to K.S.A. 19-101a; and

WHEREAS, the Board of County Commissioners finds that direct access from a County or State maintained road or highway system for non-agricultural development is necessary to provide required services and to protect and promote the public health, safety and general welfare of the residents of Franklin County, Kansas.

NOW, THEREFORE, BE IT RESOLVED, that the Franklin County Board of County Commissioners hereby directs that no building permit shall be issued for the construction of a non-agricultural structure located on a minimum maintenance road.  A structure shall be deemed to be located on a minimum maintenance road if the structure has no direct access to a full maintenance road other than by traveling on a minimum maintenance road.  Prior to a building permit being  issued, the landowner shall, in accordance with Franklin County Resolution 05-81, make a written request for an upgrade of the minimum maintenance road to a full maintenance road and receive approval for the upgrade of the minimum maintenance road.

PASSED AND ADOPTED by the Franklin County Board of County Commissioners this 6^th day of December 2006. 

                     /s/ Donald E. Waymire                                                              /s/ John E. Taylor

            Donald E. Waymire                                                                  John E. Taylor

       Commissioner District 1                                                          Commissioner District 2                             

           /s/ Roy C. Dunn                                                            

             Roy C. Dunn                                                                           Donald C. Hay

     Commissioner District 3                                                            Commissioner District 4

       /s/ Donald R. Stottlemire

       Donald R. Stottlemire

    Commissioner District 5

Received and recorded this the 6^th day of December 2006.

                                                                                                            /s/ Shari Perry

   Shari Perry

                                                                                                            County Clerk