The purpose of this subchapter is to define certain words and phrases commonly used in development and subdivision of land. The words and terms expressed in the present tense include the future tense. The words and phrases expressed singular in number include the plural number. The word MAY is permissive, while SHALL and WILL are mandatory.
(Prior Code, § 74.200)
AGENCIES, GOVERNMENTAL AND PRIVATE. Governmental and private agencies referred to herein mean those agencies having regulations relating to or having an effect upon subdivision and development of land. These AGENCIES include, but not exclusively, Winchester/Clark County Planning Commission, City of Winchester, Clark County Fiscal Court, Winchester Municipal Utilities, and similar agencies.
ARCHITECT, LANDSCAPE. A person licensed by the State Board of Examiners and Registration of Landscape Architects of Kentucky to practice landscape architecture as defined by KRS 323A.010 in the Commonwealth of Kentucky.
BUILDING. Any human-made physical structure, or part thereof, affixed to the land and intended for a person’s work, residence, or other use.
BUILDING SETBACK LINE. A line within the boundaries of a lot which determines the minimum distance the primary structure may be located from the property line.
CITY. City means City of Winchester, Kentucky.
CITY ENGINEER. Licensed engineer appointed by or employed by the City of Winchester.
CLARK COUNTY CONSERVATION DISTRICT. The body of local government created by KRS Chapter 262.
COUNTY. The County of Clark, Kentucky.
DEVELOPER. An individual, partnership, corporation, or other legal entity or agent thereof, which undertakes the activities covered by these regulations. In as much as the subdivision plan drawings are merely a necessary means to the end of assuring satisfactory development, the term DEVELOPER includes “subdivider”, “owner”, “builder”, and the like, even though the persons and their precise interests may vary at different project stages.
DEVELOPMENT PLAN. The written and graphic material for the provision of a development, including any or all of the following: location and bulk of buildings and other structures, intensity of use, density of development, streets, lots, parking facilities, signs, drainage of surface water, access points, screening or buffering, utilities, existing human-made and natural conditions, and all other conditions agreed to by the applicant.
ENGINEER. Any person licensed to practice as an engineer in the Commonwealth of Kentucky.
GRADE. The inclination, with the horizontal of a road, unimproved land, and the like, which is generally expressed by stating the vertical rise or fall as a percentage of the horizontal distance.
GREEN INFRASTRUCTURE. Infrastructure and storm water design approaches and technologies that mimic the natural hydrologic cycle by a network of natural ecosystem processes of rainfall infiltration, evapotranspiration and reuse with an emphasis on interconnectivity to support long-term sustainability.
IMPLEMENTATION DEVICES. The zoning ordinance, development and subdivision regulations of Winchester/Clark County, FEMA floodplain maps, office maps, and the like, adopted or established by the Planning Commission and/or governmental units of Winchester and Clark County to implement the Comprehensive Plan as set forth in KRS Chapter 100.
IMPROVEMENTS. Physical changes made to raw land, and structures placed on or under the land surface, in order to make the land more usable for human activities. Typical IMPROVEMENTS in these regulations would be grading, street pavement, curbs, gutters, drainage ditches, storm and sanitary sewers, utility lines of all types, street name signs, property number signs, and the like.
INFRASTRUCTURE. The large scale public systems, services, and facilities of a community that are necessary for economic activity, including power and water supplies, public transportation, telecommunications, drainage and sewer, roads, and schools.
JURISDICTION, AGENCY WITH. Agencies having their own regulations relating to certain phases of development and subdivision of land. These include, but are not limited to, City of Winchester, Clark County Fiscal Court, Winchester Municipal Utilities, Clark County Health Department, Kentucky Transportation Cabinet, Federal Emergency Management Agency, and the Environmental Protection Agency.
LAND SURVEYOR. Any person currently licensed as a land surveyor by the Commonwealth of Kentucky.
LOT. A portion of a subdivision plat or the basic unit thereof, intended for transfer of ownership or for development.
LOT AREA. The amount of land contained within the designated property lines of a lot, which may include utility easements, but shall not include street right-of-way.
LOT, CORNER. A lot abutting upon two or more streets at a street intersection, or abutting upon two adjoining and deflected lines of the same street and thereby forming an interior angle of less than 135 degrees. The depth of a lot is the maximum horizontal distance between the front and rear property lines of a lot.
LOT, DOUBLE FRONTAGE. Any lot having two or more of its non-adjoining property lines abutting upon separate streets.
LOT, REVERSE FRONTAGE. A double frontage lot having its vehicular access point limited to the street which is not faced by the building situated thereon.
LOT WIDTH. The width of a lot is the distance measured between the two side property lines of a lot at the front yard building setback line.
LOW IMPACT DEVELOPMENT. A storm water management planning approach for commercial and residential development that emphasizes conservation and use of on-site natural features to protect water quality. This approach implements engineered small scale hydrologic controls to replicate the pre-development hydrologic regime of a watershed through infiltrating, filtering, storing, evaporating, and detaining runoff close to its source.
PAVED STREET/ROAD. A street or road that is constructed on compacted subsoil with a minimum of eight inches of dense grade aggregate (DGA), a minimum of two and one-half inches of asphalt base, and a minimum of one and one-half inches of asphalt surface.
PLANNER, COMMUNITY. Any person who shall be either a member or associate member in good standing of the American Planning Association.
PLAN, COMPREHENSIVE. The plan, or parts thereof, adopted by the Winchester/Clark Planning Commission to implement the future physical development of the City of Winchester and the County of Clark, Kentucky in regard to transportation, land use, community facilities, utilities and other physical needs, as defined in KRS 100.187.
PLANNING COMMISSION. The Winchester/Clark County Planning Commission.
ROADWAY. That portion within the street right-of-way consisting of the street pavement, curb and gutter (or open ditches), which is accordingly used as a channel for vehicular movement and water drainage.
SECRETARY. That person designated or appointed as such by the Planning Commission.
SOIL SURVEY. The report developed by USDA - SCS in cooperation with UK Experiment Station and the Clark County Conservation District (Series 1961, No. 11, issued October 1964).
STORMWATER MANUAL. A document to provide standards for the design and construction of stormwater infrastructure as well as describe the approval process for stormwater infrastructure. This manual is adopted by the Planning Commission by reference. When the manual is cited by these development and subdivision regulations, the current edition or latest revision shall be referenced.
STREET. In its general sense herein, is an area of land designated for public use within defined limits in order to provide a means for vehicular and pedestrian movement. The right-of-way limits of any street shall include the street pavement, curb and gutter (or open ditches), sidewalks, and may provide space for the location of utilities. The right-of-way limits of any street shall be coincident to the property line of the adjacent or the abutting lot. STREETS are classified specifically herein as follows:
(1) Expressways. Expressways rank first in the classification of streets and are used only for vehicular movement without access to abutting properties. Interchange of traffic between expressways and other streets (only arterial streets when possible) is accomplished by grade separated interchange with merging deceleration and acceleration lanes.
(2) Arterials. Arterial streets rank second in the classification of streets, and are used primarily for vehicular movement and are used secondarily for vehicular access to abutting properties. Access to abutting properties, if permitted, should be provided by means of a marginal access street in order to serve several abutting properties, rather than allowing each abutting property to have its own individual access thereto. Arterial streets are the link between expressways and collector streets, and generally rank next to expressways in traffic volume, speed limit control and right-of-way limits.
(3) Collector streets. Collector streets rank third in the classification of streets and are principally used for vehicular movement; however, access to abutting properties are planned and controlled so that minimum disturbance is made to the traffic flow on said collector street. Collectors are the link between arterial and minor streets, and generally rank next to minor streets in right-of-way widths, and speed control.
(4) Minors. Minor streets rank fourth in the classification of streets and are used primarily for providing access to abutting properties. Vehicular movement on minor streets should have an origin or destination in the immediate vicinity, whereas all types of through traffic should be eliminated. Minor streets are the primary link between generator points (homes, offices, stores, and the like) and collector streets. Minor streets require the least amount of vehicular movement and may be further classified into five categories as follows:
(a) Continuing streets have two open ends; each end generally connects with different streets. One or more other streets may intersect such a street between its two open ends, and property abuts both sides of such a street.
(b) Marginal access streets generally have two or more access points to the major street system by connecting to a street of higher classification. Marginal access streets are sometimes called access or frontage roads.
(c) Loop streets have two open ends each and generally connect with the same street. No other streets intersect between the two ends and property abuts on both sides of the street.
(d) Cul-de-sacs have only one open end that provides access to another street and a closed end that provides a turn-around circle for vehicular movement. No streets of this type shall dead-end at the closed end, unless future plans provide for its continuation for an open end or a turn-around circle. Temporary turn-around circles may be required when deemed necessary by the Planning Commission.
(e) Alleys generally have two open ends with each end connecting to different streets. Alleys generally provide service and access to the rear of abutting properties on both sides of the alley.
SUBDIVISION. The division of land into two or more parcels for the purpose of sale, use or building development, whether immediate or future, and includes re-subdivision of existing subdivided land. For platting purposes, subdivisions are classified herein under minor and major subdivisions. For physical improvement purposes, major subdivisions are further classified into special classes in §§ 153.115 through 153.121 of this chapter.
SUBDIVISION PLAT. A document, drawn to scale, that maps the location and boundaries of individual parcels of property along with the streets, alleys, easements, and rights of use over the land. A subdivision plat must be recorded at the county courthouse to become a legal document. All major subdivision plats must be approved as final development plans by the Planning Commission prior to being recorded.
(Prior Code, § 74.210)
(Ord. passed 3- -1995; Ord. passed 10- -2005; Ord. 2018-03, passed 2-14-2018; Ord. passed 1- -2020)