(A) Water supply system. Every development shall be provided with a complete water distribution system adequate to serve the proposed development, including adequate fire protection facilities (as required by the city’s fire protection and prevention ordinance). The entire water system shall be provided by the developer and shall be designed and constructed to meet the approval of the city and/or appropriate utility.
(B) Storm water drainage system. Provisions shall be made for satisfactory drainage of storm water by means of underground pipes and/or surface ditches. The storm water drainage system shall be provided by the developer and shall be designed to standards adopted by the city and in all aspects shall meet the approval of the city’s Storm Water Management Department.
(C) Sanitary sewage disposal system. Provisions shall be made for satisfactory sanitary sewer in all developments. The developer shall provide a complete public sanitary sewer system designed and constructed according to the specifications of the city, unless it is determined by the Engineering Department that sanitary sewer is not readily available. If public sanitary sewer service is not readily available, then a private sanitary sewer (septic system) shall be provided in conformance with the requirements of the County Health Department and the requirements listed in this section.
(D) Natural gas system. Where natural gas service is desired in a development, application must be made to the city. Gas line extension shall conform to the policies of the Gas Department and shall be designed and constructed according to the specifications of the city.
(E) Electric and telephone supply system. Provisions shall be made in every development for satisfactory electrical and telephone supply system approved by the appropriate utility.
(F) Sidewalks. Sidewalks shall be provided in accordance with the following requirements.
(1) Installation requirements.
(a) No new site development or building shall hereinafter be constructed without the provision of a sidewalk across or adjoining the site. These requirements shall apply to any and all residential and commercial uses, regardless of their zoning classification.
(b) Excepted from this requirement is:
1. Suburban Residential-1 (R-1) zoned property with 200 feet or greater street frontage;
2. Industrial uses; and
3. Single-family residential uses when more than 75% of the lots in the applicable section of the subdivision are developed without sidewalks.
(c) If sufficient right-of-way or easements do not exist, an easement shall be dedicated by the owner of record to the city for the provision of public access for the sidewalks.
(2) Construction standards. Sidewalks shall be constructed to comply with the design improvement standards for sidewalks as listed in the city’s Subdivision Regulations Design and Improvement Standards. However, the sidewalk width may be increased to allow for safer pedestrian access along high volume streets or to provide for handicap accessibility, upon determination of such need by the reviewing authority.
(3) Waiver/delay of sidewalk installation.
(a) A property owner may request a waiver from the requirement of sidewalk installation contained within the zoning regulations by filing an application for sidewalk installation waiver with the Commission. A request for a waiver may be made for any permitted use in any zone. Delayed installation of a sidewalk may be granted administratively.
(b) If waivers have been granted previously on a parcel on the same street within 250 feet of the site, the staff may grant the waiver administratively. Should the waiver not be granted administratively, an application may still be filed with the Commission as set out in division (F)(3)(a) above.
(4) Waiver process.
(a) As part of the waiver request, the applicant shall have the burden of proof in showing that there will be no adverse impact upon the neighborhood or general area by the granting of the waiver.
(b) In granting a waiver, the Planning Commission shall consider the following:
1. The desirability to preserve natural topography or vegetation pre-existing the proposed project, provided that pedestrian traffic can be sufficiently and safely accommodated internally on the project or on the opposite side of the street.
2. Installation of the sidewalk is technically infeasible due to site features or conditions (includes exceptional topographic conditions, environmental or wetland impacts, or unique site conditions) as confirmed by the City Engineer or other staff of the city or the Kentucky Transportation Cabinet.
3. The proposed sidewalk is likely to be relocated or removed as part of a project included in the city's Capital Improvements Plan or scheduled by the Kentucky Transportation Cabinet.
4. Extraordinary reasons which are reviewed on a case-by-case basis. Lack of a connection to an existing sidewalk is not in and of itself justification for a waiver.
5. Granting a waiver will result in the development being more in keeping with the Comprehensive Plan and the intent of the Zoning Ordinance and Subdivision Regulations.
(c) The Commission may also consider other factors it may deem relevant in making its decision. If a waiver request is approved, the developer must pay into a fund dedicated exclusively to the construction of sidewalks an amount equivalent to the estimated cost of the waived sidewalks at the unit price established by the City Engineer. Relief from the payment can only be approved by the City Council. A waiver of the requirement for sidewalk installation does not exempt the development from any other requirements of the zoning chapter.
(5) If a required sidewalk is likely to be damaged or replaced as part of a project included in the city's Capital Improvements Plan, the developer may pay into a fund dedicated exclusively to the construction of sidewalks an amount equivalent to the estimated cost of the sidewalk at the unit price established by the City Engineer. The city will install the sidewalk as part of the planned capital project.
(6) Exemptions.
(a) The following rights-of-way are exempted from the requirement of sidewalks:
1. Interstate 65;
2. Western Kentucky Parkway;
3. Lincoln Parkway;
4. US 31W Bypass;
5. New Glendale Road;
6. Bluegrass Parkway; and
7. KY 361.
(b) Also exempted are frontages adjacent to the above named rights-of-way where access control fences are present.
(Ord. 06-2008, passed 6-16-2008, § 9.5; Ord. 08-2009, passed 7-6-2009; Ord. 27-2012, passed 12-3-2012; Ord. 05-2021, passed 4-19-2021)