Request By:
William D. Probus
City Attorney
201 Elks Building
Cynthiana, Kentucky 41031
Opinion
Opinion By: Robert F. Stephens, Attorney General; Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of August 31, 1979 in which you relate that prior to December, 1978, there existed a joint planning and zoning commission comprised of the cities of Cynthiana, Berry and Harrison County. In December, 1978, the Harrison County Fiscal Court voted to withdraw from the joint planning unit. Following withdrawal of Harrison County, the Cities of Cynthiana and Berry agreed to exercise extra-territorial jurisdiction for the purpose of subdivision regulations up to five miles from all points from each city's respective boundary pursuant to KRS 100.131. However, at the same time they reaffirmed and ratified their continued existance as a joint planning unit. Under the circumstances the following questions are raised:
1. May two (2) cities within a county continue to operate as a joint planning unit, where the county was an original signator, but subsequently withdrew from the joint planning unit?
2. In light of KRS 100.131, may a joint planning unit composed of two (2) cities exercise extra-territorial jurisdiction for the purpose of subdivision regulations in an area five (5) miles from each city's respective boundary?
3. If the answer to Question No. 2 above is in the affirmative, is the extra-territorial jurisdiction for subdivision regulations limited to solely those matters delineated in KRS 100.281, or may the planning unit enforce other regulations within said subdivisions, such as building permits and inspection fees?
The answer to your initial question would be in the affirmative, since KRS 100.127(2) clearly provides that agreements for joint planning units shall be in existence so long as at least two of the original signators are operating under the combination despite the fact that other signators have withdrawn from the unit.
Our response to your second question would, however, be in the negative as we do not believe the two remaining cities of this joint planning unit can exercise extra-territorial subdivision jurisdiction in view of KRS 100.131. Under this statute you will note that only an independent city planning unit is authorized to exercise extra-territorial jurisdiction for the subdivision regulations up to five miles from all points of the city's boundary. However, in the same statute you will find the following provision:
". . . The jurisdiction of joint and regional planning units shall be coterminous with their boundaries. . . ." [Emphasis added.]
In this regard we are enclosing a copy of OAG 71-180 in which we have previously taken this position.
Under the circumstances neither the City of Cynthiana or Berry have any extra-territorial subdivision jurisdiction.
Our response to your second question makes your third question moot.