Request By:
Hon. Wilfrid Schroder
Attorney at Law
526 Greenup Street
Covington, Kentucky 41011
Opinion
Opinion By: Steven L. Beshear, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General
This is in response to your letter of December 30 in which you present the following facts and question:
"Recently I had a resubdivision of an existing subdivision approved by the planning commission in Kenton County and had all the signatures, stamps, etc. on the plat, except for the Mayor's signature for acceptance of the street for maintenance under KRS 82.400 (1) (same street dedicated on the original plat but reconstructed according to the local subdivision regulations). Upon presentation of the plat to the City of Fort Mitchell, the Commission decided not to accept the street for maintenance at this time with the future acceptance undecided. Under the advice of the City Attorney, the Mayor did not sign the plat being of the opinion that a signature was necessary only if the City decided it would accept said street. The County Clerk refuses to record the plat without the Mayor's signature to the effect that the plat has been presented and the city declines acceptance of the street, that the Mayor had to sign either way so the Clerk could at least know the plat was presented to the City for its consideration under KRS 84.400(1).
Question, can the County Clerk record the plat where the City legislative body decides not to accept a street for maintenance and does not so indicate on the plat? "
Your question appears to involve two separate matters. First, the approval of a subdivision plat by the Kenton County Planning Commission which is required before it can be recorded under the requirements of KRS 100.277, and secondly, the acceptance of a map or plat involving a dedicated public street or easement wherever they may be located, by the city legislative body pursuant to KRS 82.400 which appears to require the Mayor's signature before the map or plat can be recorded.
Under KRS 100.277, dedicated streets within a subdivision plat do not necessarily have to be accepted or at least it would so appear, before the subdivision plat can be approved by the planning commission and recorded. You will note that subsection (3) deals solely with the dedication of streets within subdivisions which cannot be accepted by the legislative body until such has been recommended by the planning commission which in turn would involve the requirements of KRS 82.400. Thus the acceptance of dedicated streets within a subdivision under subsection (3) of KRS 100.277 may occur at sometime in the future following the approval and recording of the subdivision plat and in the course of the development of the subdivision. As a consequence we see no legal objection to the acceptance of the subdivision plat by the planning commission and its subsequent recording in the clerk's office prior to the city legislative body's acceptance of a street within the subdivision in the manner required by KRS 82.400.