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After meeting informally with the Planning Commission as recommended in § 154.03 above, the subdivider shall cause to be prepared a preliminary plat prior to the making of any street improvements or the installation of any utilities.
(A) Preliminary plat data. At least ten days prior to the meeting at which it is to be considered, the subdivider shall submit to the Planning Commission 16 copies of a preliminary sketch plat of the proposed subdivision. A written application for conditional approval shall be submitted to the Secretary of the Planning Commission. The preliminary plat shall meet the minimum standards of design set forth in § 154.04 above and shall give the following information:
(1) A scale of one inch equals 100 feet;
(2) The proposed subdivision name and location, the name and address of the owner(s), and the name and seal of the designer of the plat who shall be a state licensed engineer or registered surveyor;
(3) Date, approximate north point and graphic scale;
(4) Acreage of land to be subdivided with lot lines and numbers;
(5) Contours at intervals of not greater than five feet or at a lesser interval if deemed necessary by the Planning Commission;
(6) The location of existing and platted property lines, streets, buildings and water courses;
(7) The present zoning classification, if any, on the land to be subdivided and on the adjoining land, and the names of adjoining property owners of subdivisions;
(8) Existing and proposed easements and their locations, widths and distances;
(9) The names, locations, widths and other dimensions of proposed streets and alleys;
(10) Plans of proposed utility layouts showing feasible connections to the existing or any proposed utility systems. Rear easements for utility poles and wires shall be required wherever possible;
(11) Sites, and their acreages, if any, to be reserved or dedicated for parks, playgrounds, schools or other public uses. Sites, if any, for semi-public, commercial or multi-family uses;
(12) Minimum building setback lines;
(13) Copies of proposed deed restrictions, if any, shall be attached to the preliminary plat;
(14) Location sketch map showing relationship of subdivision site to area; and
(15) A construction plan which shall include a complete drainage plan showing all improvements including all proposed streets, easements, storm sewers, swales, ditches and lot drainage. All the improvements shall be designed by an engineer registered in the state.
(B) Procedure.
(1) The Chairperson or Secretary of the Planning Commission shall notify the subdivider by certified mail of the time and place of the hearing not less than five days before the date fixed for the hearing. Similar notice shall be mailed to the owners of land immediately adjoining the area proposed to be platted as shown on the proposed subdivision.
(2) The preliminary plat shall receive the approval of the City/County Health Officer prior to consideration by the Planning Commission. A certificate of approval by the Health Officer shall appear on the preliminary plat.
(3) Within 30 days after submission of the preliminary plat, the Planning Commission will review it and indicate its approval, disapproval or approval subject to modifications on a basis for the preparation of the final plat. Failure of the Planning Commission to act on the preliminary plat within 30 days shall be deemed approval of the plat. If a plat is disapproved reasons for the disapproval will be stated in writing. If approved subject to modifications, the nature of the modifications will be indicated in writing.
(4) The approval of the preliminary plat by the Planning Commission will not constitute acceptance of the final plat.
(5) The action of the Planning Commission shall be noted on two copies of the preliminary plat with any notations made at the time of approval or disapproval of the specific changes required.
(6) One copy of the preliminary plat will be returned to the subdivider with any notations at the time of approval or disapproval, and the specific changes, if any, required.
(7) The approval of the preliminary plan expires unless a final plat based thereon is submitted within one year from the date of the approval unless an extension of time is applied for and granted by the Planning Commission.
(C) Subdivision of a portion of a larger tract. Whenever part of a tract is proposed to be subdivided and it is intended to subdivide additional parts of the tract in the future, a sketch plan for the entire tract shall be submitted to the Planning Commission at the same time the preliminary plat for the first part of the tract to be platted is submitted.
(D) Plat review charge. A charge shall be made for the examination and approval or disapproval of every plat reviewed by the Planning Commission. At the time preliminary plats are filed with the Planning Commission, the subdivider shall deposit with the Planning Commission in the amount of two $200 for each plat and $10 for each lot shown on the plat. Fee schedule follows:
City Planning and Zoning Fee Schedule
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City Planning and Zoning Fee Schedule
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Zoning change | $300 |
Variance request | $100 |
Special exception | $100 |
Final plat approval | $50 |
Final plat amendment | $50 |
Preliminary plat | $200, plus $10 per lot, 2 to 20 lots, $5 per lot over 20 |
Lot line adjustment | $10 per line |
Recording of plats | Responsibility of owner |
(2000 Code, App. A, Art. IV)
(A) A perfectly prepared and recorded subdivision or plat means little to a prospective lot purchaser until he or she can see actual physical transformation of raw acreage into lots suitable for building purposes and human habitation.
(B) Improvements by the subdivider spare the community a potential tax liability.
(C) The following tangible improvements are required before final plat approval in order to assure the physical reality of a subdivision which approval and recording will establish legally.
(1) Required improvements.
(a) Concrete monuments at least 36 inches in length and four inches in diameter or four inches square shall be set at all corners on the plat. The top of the monument shall be flat and shall have an indented cross to properly identify the location. These monuments shall be described on the final plat in relation to the located section corners of the coordinate system of the commonwealth.
(b) Iron pin or iron pipe monuments not less than one-half-inch in diameter and not less than 18 inches in length shall be set at all lot corners not marked by concrete monuments, at all street corners, at all points where street lines intersect the exterior boundaries of the subdivision, and at all intersections of curves and tangents along street lines.
(2) Grading.
(a) Grading specifications. All streets, roads and alleys shall be graded to their full widths by the subdivider so that pavements and sidewalks can be constructed on the same level plane. Deviation from this standard due to special topographical conditions will be allowed only with the special approval of the Planning Commission. Preparation of the subgrade. Before grading is started, the entire right-of-way area shall be first cleared of all tree stumps, roots, brush and other objectionable materials and of all trees not intended for preservation. The subgrade shall be properly shaped, rolled and uniformly compacted to conform with the accepted cross section and grades.
(b) Pavement specifications for streets. The subdivision shall give the zoning office at least three days' notice prior to installing any road construction materials.
1. Subdivision developer shall provide copies of invoices showing volume of road construction materials used prior to release of any road construction bond.
2. The subdivider shall provide for the complete construction of streets, curbs and gutters constructed to standards approved by the Planning Commission when ordered. Where streets are proposed to be dedicated to the county or city, that government is not required to accept the street until it has been inspected by the City Engineer and has been determined that the construction was in accordance with the requirements set forth herein.
3. The following minimum standards are hereby presented.
a. Pavement base shall consist of not less than two courses of dense grade aggregate or equivalent laid and rolled separately to at least 84% solid volume, each having a compacted thickness of two to four inches for the full width of pavement. Subgrade shall have been graded and rolled to 95% of maximum density prior to placement of the first course of aggregate.
b. A binder course or base course with a minimum thickness of two inches shall be laid prior to bituminous being laid. A surface or wearing course of bituminous concrete, Class I, Type "A" or equivalent, shall be applied, the thickness at the thinnest point being one and one-half inches or more.
c. Concrete pavement shall be minimum of six inches of reinforced concrete (six by six-sixths mesh) with minimum flexural strength of 650 psi, or compressive strength.
d. Gravel roads may be permitted by the Commission where very large lots (three acres or more) are proposed. In those cases the same specifications as in the installation of pavement base shall apply as a minimum. The subdivider shall be required to cut drainage ditches in subdivision to a depth below the subgrade of the road.
e. Collector, arterial or industrial or other type roads expected to convey heavy loads may require special design based on the loads to be carried. In those cases, the design criteria established by the State Department of Transportation will be used.
f. Each pavement contractor must provide certifications to the city from an independent testing agency or state inspector that the plant mix meets the state specifications. Only those who have submitted the certification are allowed to lay material for streets in subdivisions under the jurisdiction of the City Planning Commission.
4. Subdivision regulations certifications of paving materials: the following is a list of the requirements for certification, however this list is not all inclusive. Each contractor must provide certification that his or her plant has been inspected and meets the State Department of Highways Specifications. The certifications shall be submitted to the Planning and Zoning Director in the spring of each year prior to the paving season:
a. Bituminous concrete mix designs as approved by the state;
b. Statement that plants which provide material have been approved by the State Department of Highways for projects in the year which he or she is proposing to do work;
c. Certifications of inspections from a scale company which is the likely source of hot mix material to be used in the city;
d. Copy of contractor's quality control plan/checklist as submitted to the State Department of Highways for material produced at the plant;
e. Sample daily report of inspection of the product with attached work sheet; and
f. Sample wet sieve analysis of DGA materials for roadway base.
(c) Sidewalks.
1. The Planning Commission reserves the right to require installation of sidewalks, i.e., paved and drained walkways, where the safety of pedestrians and children at play demand them.
2. For the safety of pedestrians in residential and commercial subdivisions, the subdivider shall build Portland cement concrete sidewalks on both sides of the street to meet the following specifications.
a. Single-family or duplex housing developments: four feet wide and four inches thick.
b. Multi-family or group housing developments: five feet wide and four inches thick.
c. Commercial developments: 12 feet wide and four inches thick.
3. The Planning Commission may waive the requirements for sidewalks in predominantly single-family residential developments.
(3) Utilities and drainage facilities.
(a) General requirements for installation of utilities.
1. Utilities shall be provided in rear lot easements wherever possible.
2. When it is necessary to install utilities in street rights-of-way, the following requirements shall apply: after grading is completed and approved and before any pavement base is applied, all in street underground work: water mains, gas mains and the like, and all service connections shall be completely installed and approved throughout the length of the street and across the flat section. Where the utility mains are outside the pavement area, the subdivider may be allowed to omit the installation of service connections provided that at a time as these service connections are needed, they may be jacked across the street without breaking or weakening the existing pavement. Where rock is known to exist beneath the pavement area and at depth as to interfere with the jacking of service connections, the Planning Commission shall require the complete installation of service connections before any base is applied. In cases where underground utilities must be provided within the right-of-way of streets, they should not be installed under the paved portions of the streets.
(b) Water supply system. Where, in the opinion of the Planning Commission, the public water supply is reasonably accessible or available to the proposed subdivision, the subdivider shall construct a complete water distribution system which shall adequately serve all lots and which shall include appropriately spaced fire hydrants, and this system shall be properly connected with the public water supply. An alternate water distribution system will be required in cases where a public water supply is not within a reasonable distance. Any new water distribution system or extension of an existing one shall be submitted and approved by the State Division of Water before installation begins.
(c) Sanitary sewers.
1. When the subdivision is located within the service area of a public sewerage system, sanitary sewers shall be installed in such a manner as to serve adequately all lots with connection to the public system. Any new sewer system or extension of existing system shall be submitted and approved by the State Division of Water and Sewer.
2. Where lots cannot be economically connected with a sewerage system, they must contain adequate area for the installation of approved septic tank and disposal field and must be approved in writing by the County Health Officer.
(4) Street name signs. Appropriate street signs should appear at all intersections. Upon request, the Planning Commission will aid the subdivider with specifications for the construction, placing and setting of the signs.
(5) Street trees.
(a) Although not required by these subdivision regulations, the planting of street trees is considered a duty of the subdivider as well as good land use practice. Street trees protect against excessive heat and glare, and they also enhance the attractiveness and value of abutting property.
(b) It is recommended that street trees be planted inside the property lines where they will be less subject to injury where chances of motor accidents will be decreased, and where they will enjoy more favorable conditions for growth. If trees are to be planted within a planting strip in the street right-of-way, their proposed locations and the species to be used must be submitted for the Planning commission's approval since the public inherits the care and maintenance of the trees.
(6) Guarantee in lieu of completed improvements. No final subdivision plat shall be approved by the Planning Commission or accepted for recordation by the County Clerk until one of the following conditions has been met.
(a) All required improvements have been constructed in a satisfactory manner and approved by the Planning Commission.
(b) The Planning Commission has accepted a security or performance bond in an amount equal to the estimated cost of installation of the required improvements, whereby improvements may be made and utilities installed without cost to the city in the event of default of the subdivider.
1. The conditions of the security or performance bond shall provide for the installation of the improvements covered by the bond within a period not to exceed 18 months; provided, however, that the period may be extended by the Planning Commission with the consent of the parties thereto if the Planning Commission finds that the public interest will not be adversely affected by the extension.
2. Performance bonds which are submitted in lieu of the installation of required improvements shall be in cash or with a surety approved by the Planning Commission.
(c) Any owner or agent of any land may sell, transfer or agree to sell any lot or lots shown on a plat having been given preliminary approval by the Planning Commission, provided, the owner or agent post an acceptable performance or security bond guaranteeing to the public the actual construction and installation of the necessary improvements within the specified time period. Sale of subdivision by auction does not exempt the subdivider from posting acceptable security in lieu of completed improvements; however, only if a parcel is sold as a whole, the security or performance bond will be immediately released by the Planning Commission.
(d) A certified check in the full amount of the established cost of installing all required improvements has been posted with the Planning Commission.
(e) An escrow account in the full amount of the estimated cost of installing required improvements has been established.
(2000 Code, App. A, Art. V)
The final plat shall conform substantially to the preliminary plat as approved; and, if desired by the subdivider, it may constitute only that a portion of the approved preliminary plat which he or she proposed to record and develop at the time, provided however, that the portion conforms to all requirements of these standards.
(A) Final plat data. The final plat shall give the following information:
(1) The plat shall be drawn to a scale of one inch equals 100 feet on sheets not larger than 22 by 34 inches. When more than one sheet is required an index sheet of the same size shall be filed showing the entire subdivision with the sheets lettered in alphabetical order as a key;
(2) Date, title, name and location of subdivision, graphic scale, and true north line;
(3) All dimensions, angles, bearings and similar data on the plat shall be tied to primary control points as approved by a registered, professional engineer to be selected by the Planning Commission. Locations and descriptions of the control points shall be given. Except where deemed clearly unreasonable or infeasible by the Planning Commission, these control points shall be the located section corners of the coordinate system of the commonwealth;
(4) Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, and property lines or residential lots and other sites with accurate dimensions to the nearest one-one- hundredth of a foot; bearings or deflection angles, radii, arcs and central angles of all curbs with dimensions to the nearest second;
(5) Name and right-of-way width of each street, easement or other right-of-way;
(6) Lot numbers, lot lines and frontage dimensions;
(7) Purposes for which sites other than residential lots, are dedicated or reserved;
(8) Minimum building setback lines;
(9) Location and description of monuments;
(10) Names and locations of adjoining subdivisions and streets, the locations of adjoining unplatted properties, and the names and addresses of the owners of adjoining unplatted properties;
(11) Cross-sections, profiles and grades of streets, curbs, gutters and sidewalks showing locations of in-street utilities, and drawn to local (city or county) standards scales and elevations shall be attached to the final plat;
(12) Protective covenants shall either be placed directly on the final plat or attached thereto in form for recording; and
(13) The following certificates shall be presented with the final plat:
(a) Certification showing the applicant as the land owner and dedicated streets, rights-of-way and any sites for public use;
(b) Certification by surveyor or engineer to accuracy of survey and plat and placements of monuments;
(c) Certification by County Health Officer when individual sewage disposal or water systems are to be installed;
(d) Certification by the approving agent named by the Planning Commission that the subdivider has complied with one of the following:
1. Installation of all improvements in accordance with the requirements of the standards; or
2. Posting of a security bond in sufficient amount to assure the completion of all required improvements.
(e) Certification of approval to be signed by the secretary of the Planning Commission; and
(f) Acknowledgment with owner's signature.
(B) Procedure.
(1) At least ten days prior to the meeting at which it is to be considered, the subdivider shall submit the original drawing and ten copies, together with any street profiles or other plans that may be required by the Planning Commission.
(2) One copy of the final plat shall be transmitted to the engineer to be selected by the Planning Commission who will check the plat as to computations, certification, monuments and the like, and that all the required improvements have been completed to the satisfaction of the city (or county) officials having jurisdiction, or, in the case a security bond or certified check has been posted in lieu of completing the improvements, that the amount posted is sufficient to cover the cost of the required improvements. If found satisfactory, he or she will return the copy of the final plat to the Planning Commission with his or her approval certified thereon within ten days of receipt thereof.
(3) One copy shall be transmitted to the County Health Officer. If the plat meets the approval of the Health Officer, he or she shall return the copy with his or her approval certified thereon within ten days of receipt thereof.
(4) The Planning Commission shall approve or disapprove this final plat within 30 days after its submission. Failure of the Planning Commission to act on the final plat within these 30 days shall be deemed approval of it. If the plat is disapproved, the grounds for disapproval shall be stated upon the records of the Planning Commission.
(5) Approval by the Planning Commission shall not constitute acceptance by the public of the dedication of any street, other public way or ground.
(6) When the final plat has been approved by the Planning Commission, one copy shall be returned to the subdivider, with the approval of the Planning Commission certified thereon, for filing with the County Clerk as an official plat of record. Another copy certified by the Planning Commission will be transmitted to the city (or county) legislative body for necessary action on any proposed dedication.
(2000 Code, App. A, Art. VI)
(A) Exceptional conditions. Variances may be granted under the following conditions:
(1) Where the subdivider can show that strict adherence to these regulations would cause unnecessary hardship (financial disadvantage to the property owner is not proof of hardship within the purpose of these regulations); or
(2) Where the Planning Commission decides that there are topographical or other conditions peculiar to the site and a departure from these regulations will not destroy their intent, nor cause detriment to the public good.
(B) Group housing developments.
(1) The following provisions, as well as other provisions of these regulation shall apply to group housing developments:
(a) Although the developer will be allowed to deviate from the lot area requirements for the individual lots on which residential structures are located, the complex itself must meet the overall minimum lot density requirements. This may be accomplished through the provision of open spaces, open type recreational areas and consolidated parking areas;
(b) No parcel of land without an adequate public water supply shall be approved;
(c) No group housing development will be approved unless an adequate sanitary sewer system is included in the plans and approved by the County Health Department;
(d) The exterior yards of the complex must meet the minimum setback requirements; and
(e) All roads must be constructed to standards as set forth in these regulations.
(2) The following additional plans and schedules shall be submitted to the Planning Commission:
(a) The location and legal description of the proposed development;
(b) Site plan showing location of all building, lot lines yard sizes, setbacks, recreation and open space areas, utilities, parking and common-use facilities;
(c) The location and dimensions of all points of entry and exit for cars, pedestrians and complete interior circulation pattern;
(d) Other architectural, engineering and geographic data as may be required to permit the Planning Commission to determine if the above regulations are being complied with; and
(e) A time schedule for development.
(C) Mobile home subdivisions.
(1) The Planning Commission may approve a subdivision for the exclusive use of mobile homes.
(2) A mobile home subdivision is a subdivision where residence is in mobile homes exclusively.
(3) A mobile home is a detached single-family dwelling unit with the following characteristics:
(a) Designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems;
(b) Designed to be transported after fabrication on its own wheels, or on a flatbed or other trailers or detachable wheels; and
(c) Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities. Mobile home subdivision shall meet the following standards:
1. The minimum tract size of the mobile home subdivision shall not be less than two acres and shall not contain less than ten mobile home spaces; and
2. Each mobile home space provided at the site shall not be less than 3,000 square feet. This space will include access roads, automobile parking, accessory building space and recreational area.
(D) Procedural variance. Where a proposed subdivision would contain five or less parcels or plots of land and no new streets, the procedure of preparing a preliminary plat may be waived by the Planning Commission.
(2000 Code, App. A, Art. VII)
No plat or plan of a subdivision of land located within the jurisdiction of the Planning Commission shall be admitted to the records of the county or received or recorded by the County Clerk until the plat has received final approval in writing by the Planning Commission as provided in the KRS 100.329. Admission to the records shall not be construed as approval.
(2000 Code, App. A, Art. VIII)
(A) Any person or entity who violates any of the provisions of KRS 100.201 to 100.347 or any of the regulations adopted pursuant hereunder for which no other penalty is provided, shall upon conviction be fined not less than $10 but no more than $500 for each conviction. Each day of violation shall constitute a separate offense.
(B) Any person, owner or agent who violates this chapter shall, upon conviction, be fined not less than $100 nor more than $500 for each lot or parcel which was the subject of sale or transfer, or a contract for sale or transfer.
(2000 Code, App. A, Art. VIII)