(A) Rules for construction of language. In the construction of these subdivision regulations, the rules contained in this section shall be observed and applied, except when the context clearly indicates otherwise:
(1) The particular shall control the general.
(2) The word SHALL is always mandatory.
(3) The word MAY is permissive.
(4) The word LOT shall include the words PIECE or PARCEL.
(5) The word STRUCTURE includes all other structures, or parts thereof, of every kind regardless of similarity to buildings; and the phrase USED FOR shall include the phrases ARRANGED FOR, DESIGNED FOR, INTENDED FOR, MAINTAINED FOR, and OCCUPIED FOR.
(6) In the case of any difference of meaning or implication between the text of these subdivision regulations and any caption, illustration or table the text shall control.
(7) Words used in the present tense shall include the future, and words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary.
(8) Unless the context clearly indicates to the contrary, conjunctions shall be interpreted as follows:
(a) "And" indicates that all connected items, conditions, provisions or events shall apply.
(b) "Or" indicates that one or more of the connected items, conditions, provisions, or events shall apply.
(c) "Either or" indicates that the connected items, conditions, provisions or events shall apply single but not in combination.
(9) All public officials, bodies, and agencies to which reference is made are those of Franklin, Kentucky.
(10) The title PLANNING ADMINISTRATOR shall refer to the City Planning Administrator or an authorized city representative.
(11) The title CITY ENGINEER shall refer to the City Engineer or an authorized city representative.
(B) Definitions. Except where definitions are specifically included in various sections of these subdivision regulations, words in the text or tables shall be interpreted in accordance with the provisions set forth in this section. Where words have not been defined, the standard dictionary definition shall prevail.
AASHTO. Abbreviation for "American Association of State Highway and Transportation Officials."
ALLEY. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
APPLICANT. The owner of land proposed to be subdivided or his authorized representative. Consent shall be required from the legal owner of the premises.
ARCHITECT. See REGISTERED ARCHITECT.
ARTERIAL ROAD. A road intended to move traffic to and from major industrial areas or a route for traffic between communities or large areas. Arterial streets and highways are those which will be used primarily for high vehicular speeds or heavy volumes of traffic with an ADT over 3000.
BASEMENT. That portion of a building having its floor subgrade (below ground level) on all sides.
BLOCK. A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, or shorelines of waterways.
BOND. A letter of credit or insurance bond in a form specified by these regulations.
BUILDING. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind. The term includes any permanent structure including mobile homes.
BUILDING OFFICIAL. The person designated by the city to enforce building codes. (Same as Building Commissioner.)
CAPITAL IMPROVEMENTS PROGRAM. A proposed schedule of all future projects, listed in order of construction priority, together with cost estimates and the anticipated means of financing each project.
CMP. Abbreviation for CORRUGATED METAL PIPE.
COLLECTOR ROAD. A road (street) intended to move traffic from local roads to arterial routes. A collector road serves a neighborhood or large subdivision. Minor collector streets are those which will carry intermediate volumes of traffic with an ADT from 501 to 1000. Major collector streets are those which will carry intermediate volumes of traffic with an ADT from 1001 to 3000.
COMMON ELEMENTS. Any portion of a condominium which is held in common by owners of condominium units. These elements may be either general common elements or limited common elements, as defined below.
(a) GENERAL COMMON ELEMENTS. Any of the common elements of a condominium which are held in joint ownership by all owners of the condominium.
(b) LIMITED COMMON ELEMENTS. Any of the common elements of a condominium which are reserved for use by the owner of a particular condominium unit or group of units.
COMPREHENSIVE PLAN. Any current adopted Comprehensive Plan for Franklin, Kentucky.
CONCEPT PLAN. A general plan layout used to review the possible development /subdividing of property.
CONDOMINIUM. A form of ownership of less than the whole of a building or system of buildings under a statute which provides the mechanics and facilities for formal filing and recordation of divided interests in real property, where the division is vertical as well as horizontal.
CONDOMINIUM SUBDIVISION. The subdivision of property through the establishment of a condominium or horizontal property regime.
(a) HORIZONTAL CONDOMINIUM SUBDIVISION. A condominium subdivision where each unit occupies some ground space.
(b) VERTICAL CONDOMINIUM SUBDIVISION. A condominium subdivision of a multi-story building in which one or more units do not occupy ground area.
CONDOMINIUM UNIT. A dwelling unit conveyed by separate title and located within a condominium.
CONSOLIDATED PLAT. A drawing showing the combination of any number of existing lots of record into an equal or lesser number of lots, as described in their regulations.
CONSTRUCTION PLAN. The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission. Construction plans are also defined herein to specifically include documents required by these subdivision regulations and the Franklin Stormwater Management Ordinance, to include drainage calculations, erosion prevention and sediment control plans, and permanent stormwater management plans. Construction plans are required for all major subdivisions in the City of Franklin Planning Region.
CITY. The City of Franklin, Kentucky.
CITY ATTORNEY. The attorney holding the position of attorney for the city or such licensed attorney designated by the City Attorney to furnish legal assistance for the administration of these regulations.
CITY COMMISSION. The chief legislative body for Franklin, Kentucky.
CRITICAL AREAS or LOTS. Lots or areas designated as critical based on soil conditions, susceptibility to flood inundation, karst features, degree of slope or other lot features to address concerns related to the feasibility of construction as determined by the City Engineer.
CUL-DE-SAC. A minor street having only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
DEVELOPER. The owner of land proposed to be subdivided or his authorized representative. Consent shall be required from the legal owner of the premises.
DOW. Abbreviation for Kentucky Division of Water.
DWELLING UNIT. One room or rooms connected together constituting a separate, independent housekeeping establishment for owner occupancy or rental or lease on a daily, weekly, monthly, or longer basis; physically separated from any other rooms or dwelling units which may be in the same structure; and containing independent cooking and sleeping facilities.
EASEMENT. Authorization by a property owner for the use by another, for a specified purpose, of any designated part of his property.
ENGINEER. See REGISTERED ENGINEER or CITY ENGINEER, as appropriate depending upon the context.
EQUAL DEGREE OF ENCROACHMENT. The delineation of floodway limits so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This is determined by considering the hydraulic conveyance of the floodplain along both sides of a stream for a significant reach.
ESCROW. A deposit of cash with the city or other entity in lieu of an amount or improvement required.
EXTERNAL SUBDIVISION BOUNDARY. All points along the periphery of a subdivision.
FEMA. Abbreviation for FEDERAL EMERGENCY MANAGEMENT AGENCY.
FHWA. Abbreviation for FEDERAL HIGHWAY ADMINISTRATION.
FINAL PLAT. See FINAL SUBDIVISION PLAT.
FINAL SUBDIVISION PLAT. The final map or drawing and accompanying materials, described in these regulations, on which the subdivider's plan of the subdivision is presented to the Planning Commission for approval and which, if approved, may be submitted to the Simpson County Clerk for recording.
FIRM. Abbreviation for FLOOD INSURANCE RATE MAP.
FLOOD. A temporary rise in stream level that results in inundation of areas not ordinarily covered by water. See ONE HUNDRED YEAR FLOOD.
FLOOD FREQUENCY. The statistically determined average for how often a specific flood level or discharge may be equaled or exceeded.
FLOOD HAZARD AREA. The maximum area of the floodplain that, on the average, is likely to be flooded once every 100 years (i.e., that has a 1% chance of being flooded in any given year).
FLOOD HAZARD BOUNDARY MAP. An official map, issued by the federal insurance administrator, on which the boundaries of the floodplain areas having special flood hazards have been delineated.
FLOODPLAIN. A land area adjoining a river, stream, watercourse, bay, or lake which is likely to be flooded. See ONE HUNDRED YEAR FLOOD, FLOODWAY, and FLOODWAY FRINGE. The floodplain is composed of a floodway and floodway fringe.
FLOODPLAIN MANAGEMENT PROGRAM. The overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, building code regulations, health regulations, zoning regulations, and these subdivision regulations.
FLOOD PROFILE. A graph showing the water-surface elevation or height of a particular flood event for any point along the longitudinal course of a stream. The flood profile is determined through the use of standard open channel hydraulic calculations.
FLOOD-PRONE AREA. Same as FLOOD HAZARD AREA.
FLOOD PROOFING. Any combination of structural and nonstructural additions, changes, or adjustments to properties and structures which reduce or eliminate potential flood damage to lands; water facilities, sanitary facilities and other utilities; structures; and contents of buildings and which prevent pollution of floodwaters from such natural or man-made sources.
FLOODWAY. The stream channel and adjacent overbank area required to carry and safely discharge the 100-year flood without increasing flood levels more than one foot above natural flood levels.
FLOODWAY ENCROACHMENT LIMITS. The lines marking the limits of floodways on official federal, state, and local floodplain maps, including such maps as are included in the appendix of these regulations.
FLOODWAY FRINGE. The area adjoining a watercourse which, although not lying within a floodway, has been or may hereafter be covered by a 100-year flood. See ONE HUNDRED YEAR FLOOD.
FRONTAGE. That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side of a corner lot.
FRONTAGE STREET. Any street to be constructed by the developer or any existing street in which development shall take place on both sides.
FUTURE LAND USE PLAN. The general development plan for Franklin, Kentucky. This plan meets the intent of Kentucky Code Annotated.
GENERAL COMMON ELEMENTS. See COMMON ELEMENTS.
GIS. Abbreviation for GEOGRAPHIC INFORMATION SYSTEMS.
GRADE. The slope of a road or other public way, specified in percentage terms.
HEALTH AUTHORITY. Refers to the Simpson County Health Department.
HIGHWAY, LIMITED ACCESS. A freeway or expressway providing a traffic way for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the traffic way, except at such points and in such manner as may be determined by the public authority having jurisdiction over such traffic way.
HOMEOWNER’S ASSOCIATION. A Homeowner's Association (HOA) is an organization in a subdivision, planned community, or condominium building that makes and enforces rules for the properties and its residents. Those who purchase property within an HOA's jurisdiction automatically become members and are required to pay dues, known as HOA fees. Some associations can be very restrictive about what members can do with their properties. HOAs are completely responsible for perpetuity for the maintenance of all common areas within a subdivision including monument signs, detention basins, drainage swales, streams, landscape areas, required buffers, fences, bioretention features, common buildings, and all other common features and appurtenances.
HORIZONTAL CONDOMINIUM SUBDIVISION. See CONDOMINIUM SUBDIVISION.
HORIZONTAL PROPERTY ACT. The Kentucky Horizontal Property Law as codified in Kentucky Code Annotated.
HUNDRED YEAR FLOOD. See ONE HUNDRED YEAR FLOOD.
IMPROVEMENTS. See LOT IMPROVEMENT or PUBLIC IMPROVEMENT.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile sewage disposal system, or any other sewage treatment device other than a public treatment system approved by the appropriate local or state government authorities.
INTERNAL SUBDIVISION BOUNDARY. All points within a subdivision which do not constitute external boundaries.
ITE. Abbreviation for INSTITUTE OF TRANSPORTATION ENGINEERS.
JOINT OWNERSHIP. Joint ownership among persons shall be construed as the same owner; constructive ownership for the purpose of imposing subdivision regulations.
KYTC. Abbreviation for KENTUCKY TRANSPORTATION CABINET.
LAND SURVEYOR. See REGISTERED LAND SURVEYOR.
LANE. A road which is not classified as an arterial or collector road. Sometimes referred to as local roads or streets. Minor streets are those which are used primarily for access to the abutting properties, and which will carry limited volumes of traffic with an ADT greater than 200 and less than 500. See ARTERIAL ROAD and COLLECTOR ROAD.
LOS. Abbreviation for LEVEL OF SERVICE. A measure used by traffic engineers to analyze highways by categorizing traffic flow with corresponding safe driving conditions, typically shown by letter designation A through F.
LOT. A tract, plot, or portion of a subdivision or parcel of land intended as a unit for the purpose, whether immediate or future, of transfer or ownership or for building development.
LOT CORNER. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 75 degrees.
LOT IMPROVEMENT. Any building, structure, place, work of art, or other object or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment.
MAJOR ROAD. A road which is classified as a collector or arterial road according to these regulations or by the Kentucky Transportation Cabinet for the Planning Region. See ARTERIAL ROAD, and COLLECTOR ROAD.
MAJOR SUBDIVISION. All subdivisions not classified as minor subdivisions, including but not limited to subdivisions, of three or more lots or subdivisions of any size requiring any new or improved road, the extension of city limits or city facilities, or the creation of any public improvements or containing any flood-prone area.
MARGINAL ACCESS ROAD. Minor road or street which are parallel to and adjacent to arterial streets and highways, and which reduce the number of access points to the arterial street for the purpose of increased traffic safety.
MINOR ROAD. See MINOR STREET.
MINOR STREET. A road which is not classified as an arterial or collector road. Sometimes referred to as local roads or streets. Minor streets are those which are used primarily for access to the abutting properties and which will carry limited volumes of traffic with an ADT less than 500. See PLACE, LANE, ARTERIAL ROAD, and COLLECTOR ROAD.
MINOR SUBDIVISION. Any subdivision containing not more than two lots fronting on an existing street; not involving any new or improved road, the extension of city facilities, or the creation of any public improvements and not containing any flood-prone area, not adversely affecting the remainder of the parcel or adjoining property, not requiring any variance, and not in conflict with any provision of an adopted Future Land Use Plan, Major Thoroughfare Plan, zoning regulations, or these regulations.
NATIONAL FLOOD INSURANCE PROGRAM. A program established by the U.S. government in the National Flood Insurance Act of 1968 and expanded in the Flood Disaster Protection Act of 1973 in order to provide flood insurance at rates made affordable through a federal subsidy in local political jurisdictions which adopt and enforce flood plain management programs meeting the requirements of the National Flood Insurance Program regulations.
OFF-SITE. Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
ONE HUNDRED YEAR FLOOD. A flood having a 1% annual chance of occurring or being exceeded in any given year. The base flood as it is commonly referred, is the national standard used by the NFIP for the purpose of requiring flood insurance and regulating new developments. It is based on statistical analysis of stream flow records available for the watershed and analysis of rainfall and runoff characteristics in the general region of the watershed.
OWNER. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the real property.
OWNERSHIP, SAME. See SAME OWNERSHIP.
PERIMETER STREET. Any existing street to which the parcel of land to be subdivided abuts on only one side.
PLACE. A place is a short street, a cul-de-sac, or court which are used primarily for access to the abutting properties and which will carry limited volumes of traffic with a projected ADT of 200 or less.
PLANNING COMMISSION. The Franklin-Simpson Planning and Zoning Commission created in accordance with the Kentucky Code Annotated.
PLANNING REGION. All land, lying within the boundaries of the City of Franklin Planning Region as established by the Kentucky State Planning Office.
PRELIMINARY PLAT. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner of layout of the subdivision to be submitted to the Planning Commission for approval.
PREMISES. A tract of land together with any buildings or structures which may be thereon.
PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the city or city may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for city or city responsibility is established.
RCP. Abbreviation for REINFORCED CONCRETE PIPE.
REACH. A hydraulic engineering term to describe longitudinal segments of a stream or river. A reach generally includes the segment of the flood hazard area where flood heights are influenced by a man-made or natural obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings typically would constitute a reach.
RECORDING INFORMATION. The date, location (plat book, record book, etc.) and any other pertinent information regarding the recording of a document.
REGISTER. Simpson County Clerk or office thereof.
REGISTERED ARCHITECT. An architect certified and registered by the State Board of Architectural and Engineer Examiners pursuant to the Kentucky Code Annotated, to practice in Kentucky; or a landscape architect certified and licensed by the State Board of Landscape Architects pursuant to the Kentucky Code Annotated,to practice in Kentucky.
REGISTERED ENGINEER. An engineer certified and registered by the State Board of Architectural and Engineer Examiners pursuant to the Kentucky Code Annotated, to practice in Kentucky.
REGISTERED LAND SURVEYOR. A land surveyor certified and registered by the State Board of Land Survey Examiners pursuant to the Kentucky Code Annotated, to practice in Kentucky.
REGULATORY FLOOD. The 100-year flood. See ONE HUNDRED YEAR FLOOD.
REGULATORY FLOOD ELEVATION. The water-surface elevation of the regulatory flood.
REGULATORY FLOOD PROTECTION ELEVATION. The elevation of the regulatory flood plus one foot of freeboard to provide a safety factor.
RESUBDIVISION. A change in a map of any approved or recorded subdivision plat if such change affects any street layout on such map or any area reserved thereon for public use, or any lot line, or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
RIGHT-OF-WAY (ROW). A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission lines, oil or gas pipeline, water main, sanitary or storm sewer line, or for another special use. The usage of the term "right-of-way," for land platting purposes, shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels.
ROAD, CLASSIFICATION. For the purpose of providing for the development of the streets, highways, roads, and rights-of-way in the planning region and for their future improvement, reconstruction, realignment, and necessary widening, including provision for curbs and sidewalks, each existing street, highway, road, and right-of-way and those located on approved and filed plats have been classified herein. The classification of each street, highway, road, and right-of-way is based upon its location in the respective zoning districts of the city, its present and estimated future traffic volume, and its relative importance and function as specified in any comprehensive plan.
ROAD, DEAD-END. A road or a portion of a road with only one vehicular- traffic outlet.
ROAD, RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles to the center line of the road.
SALE or LEASE. Any immediate or future transfer of ownership, including contract of sale or transfer, of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, or other written instrument.
SAME OWNERSHIP. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockholder, partner, associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.
SEPTIC TANK EFFLUENT PUMP (STEP) SYSTEM. An alternative sanitary sewer disposal system.
SETBACK. The distance between a building and the street line nearest thereto.
SKETCH PLAT. A sketch preparatory to the preparation of the preliminary plat (or final subdivision plat, in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Planning Commission as to the form of the plat and the objectives of these regulations. See CONCEPT PLAN.
SPECIAL FLOOD HAZARD AREA. See FLOOD HAZARD AREA.
SPECIAL FLOOD HAZARD MAP. The official map designated by the federal insurance administrator to identify floodplain areas having special flood hazards.
START OF CONSTRUCTION. The beginning of the alteration of a site for permanent development. Start of construction typically begins with the grading process to alter the site toward its permanent design.
STORMWATER MANAGEMENT ORDINANCE. The currently adopted Stormwater Management Ordinance for the City of Franklin, Kentucky.
STREET. A way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or otherwise designated. See ROAD, CLASSIFICATION.
STRUCTURE. Anything constructed above or below ground.
SUBDIVIDER. Any person who:
(a) Has an interest in land, causes it, directly or indirectly, to be divided into a subdivision;
(b) Directly or indirectly, sells, leases or develops or offers to sell, lease or develop, or advertises for sale, lease, or development, any interest, lot, parcel, site, unit, or plot in a subdivision;
(c) Engages, directly or indirectly or through an agent, in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel site, unit, or plot in a subdivision; or
(d) Is directly or indirectly controlled by or under direct or indirect common control with any of the foregoing. See SUBDIVISION.
SUBDIVISION. The division of a tract or parcel of land into two or more lots, sites or other divisions for the purpose, whether immediate or future, of sale or building development and includes re-subdivision and, when appropriate to the context, relates to the process of subdividing or to the land or area subdivided, provided, however, that 'subdivision' does not include a division of any tract or parcel of land into two or more tracts or parcels when such parts or parcels are larger than five acres in size for the purpose of agriculture. The term SUBDIVISION includes the process of subdivision or division of residential or non-residential land, whether by deed, metes and bounds description, map, plat, or other recorded instrument. Additionally, any division or redivision of land into parcels occurring within 12 months following a division of the same land shall be deemed a subdivision within the meaning of this chapter.
SUBDIVISION AGENT. Any person who represents or acts for or on behalf of a subdivider or developer in selling, leasing, or developing or offering to sell, lease, or develop any interest, lot, another person consists solely of rendering legal service.
SUBSTANTIAL COMPLETION. The point in time when the developer has completed all required public and private improvements to the project site and all required public improvements off-site relative to the project in accordance with the approved construction documents and Planning Commission conditions, and such improvements have been inspected, tested and approved by the City Engineer or his designee.
SUBSTANTIAL, IMPROVEMENT. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the actual cash value of the structure either before the improvement is begun or, if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement begins when the first alteration of any structural part of the building commences.
TEMPORARY IMPROVEMENT. Any improvement built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond, the cash deposited in escrow, or a letter of credit designed to ensure completion of required improvements.
THOROUGHFARE PLAN (MAJOR). An adopted plan for roadways in need of expansion and adopted by the city. The plan is to serve as notice to the public for developing land adjacent to these identified roads.
VERTICAL CONDOMINIUM SUBDIVISION. See CONDOMINIUM SUBDIVISION.
WATER SURFACE ELEVATION. The heights in relation to mean sea level expected to reach by floods of various magnitudes and frequencies at pertinent points in the floodplain. Also, the level of natural flows or collections of water which may be expected to be found above or below surface.
(Ord. 2022-007, passed 3-14-2022)