(A) Street lights.
(1) Maintenance design.
(a) Fixture types. The city will accept the following light fixtures, recommended by the Hopkinsville Electric System or Pennyrile Rural Electric Cooperative, from the following types:
1. Standard.
a. The standard street light shall be affixed to the existing utility poles associated with electric service. The light fixture shall be a 100 watt high pressure sodium, 120-volt open globe, LED equivalent, or alternate source equivalent.
b. The globe will be mounted to a standard aluminum arm mount extended from the utility pole. This fixture type may change under commercial use or situation. If a request or proposed change is to be made, City Council approval will be required.
c. In cases where there is a four lane divided or undivided street and there is an intersection and/or median cross-over, the responsible utility may recommend a high wattage light fixture to illuminate the intersection and/or median cross-over, but the wattage shall not exceed 250 watt high pressure sodium, LED equivalent, or alternate source equivalent.
2. Standard decorative.
a. The standard decorative street light shall be affixed to a 20-foot direct buried black or gray fiberglass pole. The pole will be chosen by the Hopkinsville Electric System or Pennyrile Rural Electric Cooperative to match its own stocking and maintenance system. The following wattage lamps for each fixture shall be a maximum of 150 watt high pressure sodium, 120-volt open globe, LED equivalent, or alternate source equivalent.
b. The decorative casing shall set on top of the black or gray fiberglass pole or be attached to an arm mount extended from the pole. Two types of decorative casing shall be offered. The decorative casing shall approximate the design specifications found in Appendix A. Selection decisions on the type of fixture shall be made in connection with the Hopkinsville Electric System or Pennyrile Rural Electric Cooperative and recommended to the city for approval.
(b) System design. The following applies to general design.
1. Regulatory responsibility. The installation of one of the street light systems defined by division (A)(1)above shall be approved by the Hopkinsville Electric System or Pennyrile Rural Electric Cooperative within their respective service area subject to the following criteria.
2. Spacing. No light pole will be placed in such a way to obstruct the frontal visibility of a dwelling unit.
3. Location. The system design will conform to the following locational standards outlined below:
a. No street light pole or base will be located in the shoulder or ditch line of the street;
b. Where there are shoulders or a ditch line within the right-of-way, the street light pole or base will be located in the appropriate utility easement outside of the right-of-way. Where there is a joint utility and drainage easement, the light pole or base shall be installed so an obstruction is not created for the drainage way. In situations where the street has curbs or gutters and no ditch line within the right-of-way, the light pole or base may be placed within the right-of-way with the approval of Community and Development Services and the Public Works Department. The light pole and base must observe a minimum three feet setback from the edge of the back of the curb; or
c. Request for street light poles found in medians of streets and/or right-of-ways shall be reviewed and approved by Community and Development Services and the Public Works Department with respect to location.
4. Only one type of light fixture shall be furnished for a subdivision.
5. The number, distance, and pattern of street lights installed within a new subdivision will be determined by the respective utility and be based on historical community lighting standards. Request to deviate from the historical community lighting standards as recommended by the utility shall be reviewed in the manner outlined in the Street Light Policy and Procedure adopted by Municipal Order 14-2011. The Mayor will then make a decision on the acceptable level of lighting.
(2) Standard decorative street lights.
(a) Additional requirements. In addition to the requirements listed in division (A)(1)(b) above, the following requirements will apply when a developer/owner elects to install a standard decorative street light system.
1. Standard decorative street lights shall not exceed a maximum 150 wattage, LED equivalent, or alternate source equivalent.
2. Underground system. The standard decorative street lighting system shall be installed only when there is underground electrical primary system.
3. Technical assistance. The Hopkinsville Electric System or Pennyrile Rural Electric Cooperative will design the entire system under the following guidelines:
a. The subdivision lighting system will be designed as if it is to be built on an overhead existing primary system. The lighting system will be designed by Hopkinsville Electric System or Pennyrile Rural Electric Cooperative and submitted to the city for approval.
b. Cable will be provided by Hopkinsville Electric System or Pennyrile Rural Electric Cooperative through the investment charge.
c. Fixtures and poles will be provided by Hopkinsville Electric System or Pennyrile Rural Electric Cooperative through the investment charge.
d. Secondary fusing will be provided by Hopkinsville Electric System or Pennyrile Rural Electric Cooperative through the investment charge.
e. Each light will be on its own separate photocell, relays will not be used.
f. Developer/owner will provide and install the conduit as required by Hopkinsville Electric System and Pennyrile Rural Electric Cooperative.
4. Installation. The developer/owner will be responsible to open and close all ditches properly marked by tape as provided by Hopkinsville Electric System or Pennyrile Rural Electric Cooperative. Hopkinsville Electric System or Pennyrile Rural Electric Cooperative shall inspect all ditches prior to closing and said ditch(s) shall be a straight line from point to point. The developer/owner will be responsible to install the direct burial fiberglass poles to manufactures specifications. In such cases where a developer, home owners association, and/or property owner(s) request the installation of a standard decorative street light system to be retrofitted into an existing subdivision, the requirements and installation of the system shall comply with Chapter 99 and this chapter.
5. Cost. All cost incurred by Hopkinsville Electric System or Pennyrile Rural Electric Cooperative for the lighting system will be charged to the city through the investment charges. The total charge shall include the investment charge and energy usage charge which will be calculated on a flat usage rate without the use of metering equipment and meters.
6. Procedural and equipment changes. Hopkinsville Electric System or Pennyrile Rural Electric Cooperative may change the equipment and procedures when needed. The city shall be notified of such a request for a change and shall take the appropriate action by either approving or disapproving said request by amendment to this chapter.
(B) Street signs.
(1) Vehicular command signs.
(a) Material and specifications and all street signs and marking shall be in accordance with the latest approved edition of the Manual on Uniform Traffic Control Devices for Streets and Highways.
(b) The city will determine the type, location, and the number of signs to be installed in the subdivision. The cost of the signs will be the responsibility of the developer/owner.
(2) Options.
(a) Decorative name signs. The developer/owner can install decorative type name signs to enhance the livability of the neighborhood. The developer/owner will be responsible for the cost of materials and installation.
(b) Repair/replacement requirements. In the event decorative name signs are installed by the developer/owner, contingencies for the repair or replacement of the decorative signs shall be established pursuant to this section. The city will not be responsible for the repair or replacement of decorative street signs.
(c) Decorative vehicular signs. Decorative vehicular (commands) signs are not permitted within the city limits of Hopkinsville.
(3) Process.
(a) Decorative name signs. The process for the installation of decorative name signs will require the developer/owner to purchase and install the signs at developer’s/owner’s expense. If the decorative name sign is damaged or destroyed, the homeowners may replace the sign at their expense, or the city will replace the sign with a standard street sign at the city’s expense. The city will not be responsible in any case to replace a decorative name sign with a decorative name sign.
(b) Vehicular (command) signs. The process for installation of a vehicular (command) sign will require the developer/owner to purchase and install the signs at the developer’s/owner’s expense. If the vehicular (command) sign is damaged or destroyed, the city will replace the sign at the city’s expense.
(4) Supplemental guidelines. The following standards will apply when the developer/owner selects decorative name signs for the residential and commercial subdivision.
(a) Plat notes. The following notes will be placed on the final plat when the developer/owner elects to install decorative name signs in residential subdivisions.
1. Responsibility. Decorative name signs of the subdivision are the responsibility of the __________ to maintain subject to Ordinance ___-____ and documents filed in the Christian County Clerk’s Office.
2. City responsibility. The City of Hopkinsville is not responsible for the maintenance, upkeep or replacement of decorative name signs installed in this division.
(b) Deed restrictions. The following language will be placed in the deed restrictions submitted with the final plat for the subdivision.
1. Installation.
“Decorative name signs have been installed in ____________ Subdivision for the sole enjoyment of the residents of said subdivision. Each home owner or lot owner is responsible for the maintenance and upkeep of the decorative name signs.”
2. Decorative name signs.
“As a homeowner or lot owner of ______________ Subdivision, I will not hold the City of Hopkinsville, Kentucky responsible for the maintenance of the decorative name signs installed in _______________ Subdivision. In the event that a decorative name sign is damaged or destroyed, I will allow the City of Hopkinsville to use a standard street sign for the repair or replacement of the damaged or destroyed street sign.”
(C) Medians.
(1) Maintenance design.
(a) Street construction drawings. The design of a proposed median will be submitted with the street construction drawings, and the location shown on the preliminary and final plats.
(b) Dimensional standards. The design drawings shall include the dimension(s) of the median. The dimensions shall include the length, width, depth, slope and curve radius. The dimensions shall take into account the ability of the City of Hopkinsville to maintain. No slope shall be greater than three to one (3:1).
(c) Longitudinal cross section. The design shall include a longitudinal cross section of the median which shows composition, construction, utility stubs and drainage facility.
(d) Vegetation. A list of vegetation material shall be placed on the design drawings. The vegetative materials list is subject to review based upon the hardy variety and the degree of maintenance necessary to maintain the plant(s). Species or varieties of vegetative planting or materials which will create a maintenance problem shall be removed from the planting list proposed. Community and Development Services will review the list and make the determinations. The design of the vegetative plantings shall be undertaken to ease maintenance.
(e) Signs. Any sign placed in the median will be maintained by the owner/developer or the property owners. In no case will the city maintain the sign. In the situation where a sign becomes dilapidated or deteriorated the city will have the right to remove the sign and not replace it. A sign for the purposes of this chapter is defined in the § 158.178(E) for residential purposes.
(2) Options.
(a) Design compatibility. The city can refuse the right to maintain the median during the subdivision review process if the items outlined in division (C)(1) above of this chapter are not met. The reasons for denial shall be given in writing.
(b) Type of median. A developer/owner may design a median and not submit the required information. A median designed under these premises will be the responsibility of developer/owner to maintain.
(c) Maintenance responsibility. A developer/owner may shift maintenance responsibility to the homeowners. In any event or situation where the developer/owner or homeowner fails to maintain the median, the city has the right to repair or replace or remove the median at the city’s discretion.
(d) City action. The city shall not be liable for any activities which repairs, replaces or removes the median which is deemed to destroy the aesthetics of the subdivision. A homeowner or developer/owner has waived all legal rights through their failure to undertake the proper maintenance responsibility of the median.
(3) Process. The process for the installation of a median to be maintained by the developer/owner will follow the steps listed below.
(a) Preliminary plat. The developer/owner will state his or her intentions to design a median that does not meet the “Maintenance Design” section of division (C)(1) above.
(b) Final plat. The submittal of the final plat shall be accompanied by the necessary terms and conditions for the maintenance of the median.
(4) Supplemental guidelines.
(a) The following standards will apply when the developer/owner elects to design a median which does meet the criteria found in “Maintenance Design” section of division (C)(1) above.
1. Installation. The installation of a median within the street right-of-way shall be considered separate from the street itself and a separate cost item shall be included in the cost estimate. The surety instrument established for the development of the subdivision shall include the cost of the median.
2. Replacement/repair. The city upon acceptance of the street will be responsible for the maintenance of the median. The city is not or will not be responsible to maintain the median or the original design in the event of damage or destruction or deterioration of the plant material.
3. Deed restrictions. The following language will be placed in the deed restrictions submitted with the final plat.
“As a homeowner or lot owner of ____________________ Subdivision, I will not hold the City of Hopkinsville, Kentucky responsible for the maintenance of the median installed in _______________________ Subdivision. In the event that the median is damaged or destroyed and the funding and/or organizational mechanism established by the developer/owner is in default and unable to perform its intended function, I will allow the City of Hopkinsville to use whatever means to repair, or in its discretion, remove the median.”
4. Plat notes. The following notes will be placed on the final plat. The city, upon accepting the street, will be responsible for the maintenance of the median. The city is not or will not be responsible to maintain the median or the original design in the event of damage or destruction or deterioration of the plant material. The city, at its discretion, may remove the median when maintenance becomes a problem.
(b) The following standards will apply when the developer/owner selects to design a median which does not meet the criteria found in the “Maintenance Design” section of division (C)(1) above.
1. Installation. The installation of a median within the street right-of-way shall be considered separate from the street itself and a separate cost item shall be included in the cost estimate. The surety instrument established for the development of the subdivision shall include the cost of the median.
2. Replacement/repairs. The City of Hopkinsville, Kentucky, upon acceptance of the street is not responsible for the maintenance of the median.
3. Deed restrictions. The following language will be placed in the deed restrictions submitted with the final plat.
a. Medians.
“The developer/owner (type in name), has elected to design the median in a way which does not comply with City Standards. The installation of the median in _____________________ Subdivision is for the sole enjoyment of the residents of said subdivision.
Each homeowner or lot owner is responsible for the maintenance and upkeep of the median. The appropriate funding and organizational mechanisms are attached as part of this document.”
b. Medians.
“As a homeowner or lot owner of _____________________ Subdivision, I will not hold the City of Hopkinsville, Kentucky responsible for the maintenance of the median installed in ____________________ Subdivision. In the event that the median is damaged or destroyed and the funding and/or organizational mechanism established by the developer/owner is in default and unable to perform its intended function, I will allow the City of Hopkinsville to use whatever means to repair the median with the understanding that the original design will not be maintained or restored.”
4. Plat notes. The following notes will be placed on the final plat when the developer/owner elects to install a median that does not comply with the “Maintenance Design”, division (C)(1) above.
a. Owner responsibility.
“The median is the responsibility of the ___________ Subdivision to maintain subject to Ordinance ___-___ and the documents filed in the Christian County Clerk’s Office.”
b. City responsibility. The city is not responsible for the maintenance or upkeep or replacement of the median installed in this subdivision.
(D) Pavement surfaces.
(1) Maintenance design.
(a) Composition. The composition of a street will meet the standards set forth in the Hopkinsville Public Improvement Specifications.
(b) Dimensions. The type of pavement surfaces shall not alter or change the dimensional standards of the street as it concerns the width of pavement, width of right-of-way, shoulders, ditches and utility easements and set forth in the subdivision regulations for the City of Hopkinsville.
(2) Options.
(a) Type of surface. The developer/owner may apply a pavement surface which is not specifically addressed in the Hopkinsville Public Improvement Specifications.
(b) Documentation. A developer/owner who wishes to apply a pavement surface not specifically addressed in the Public Improvement Specifications and/or Chapter 99 shall provide supporting documentation by a licensed engineer that the street surface is of comparable quality and durability as the type found in the Public Improvement Specifications and/or Chapter 99. Other documentation deemed necessary by Community and Development Services or Public Works Department may be required. In addition to the documentation, the developer’s/owner’s document shall show that the surface has similar skid resistance as an asphalt or concrete street.
(3) Process. A developer who wishes to apply a different pavement surface to the street as specified in the Hopkinsville Public Improvement Specifications and/or Chapter 99 will follow the following steps:
(a) Approval. The design and composition of the street will require approval by the Public Works Department. Approval will be based upon a recommendation by Community and Development Services.
(b) Preliminary plat. Street construction drawings must be submitted with the preliminary plat and contain the information contained in division (D)(2)(b) above, Documentation. The street construction drawings shall include.
1. Dimensions. The design drawings shall include the dimensions such as the width, length, depth and curve radius.
2. Cross sections. The design drawings shall contain cross sections and pertinent design standards for installation established by the industry.
3. Certification. Certification by a licensed engineer that the street composition is comparable to the standards provided in the Hopkinsville Public Improvement Specifications and/or Chapter 99 and that the installation of the street will meet the manufacturers specification.
(c) Final plat. The developer/owner will be required to establish a cost estimate for installation of the street which covers the materials and labor. The cost estimate will accompany the final plat and be approved by Community and Development Services. After approval of the cost estimate, the developer/owner will submit a surety instrument in the amount of the cost estimate to Community and Development Services.
(d) Final certification. After the street has been installed written documentation from the developers’/owners’ engineer must be submitted stating the street was constructed according to specifications. The written certification is required before the release of the surety instrument.
(4) Supplemental guidelines.
(a) Different pavement texture approved. The following standards will apply when the developer/owner designs a different pavement texture approved under “Maintenance Design” section of division (D)(1) above.
1. Installation. The installation of a different pavement texture shall be considered separate cost item and be included in the cost estimate. The surety instrument established for the development of the subdivision shall include the cost of the pavement texture.
2. Replacement/repair. The City of Hopkinsville, Kentucky, upon acceptance of the street will be responsible for the maintenance of the street. The city is not or will not be responsible to maintain the pavement texture at the original design in the event of damage or destruction or deterioration of the material.
(b) Deed restrictions. The following language will be placed in the deed restrictions submitted with the final plat.
1. Street.
“The developer/owner (type in name), has elected to install a different pavement texture. The installation of the pavement texture in Subdivision is for the sole enjoyment of the residents of said subdivision. Though each homeowner or lot owner is not responsible for the maintenance and upkeep of the pavement texture, the city is not responsible to repair or replace the damaged section to the original design standards. Replacement or repair work performed by the city will be done in accordance with the Hopkinsville Public Improvement Specifications and/or Chapter 99 of the Hopkinsville Code of Ordinances.”
2. Pavement texture.
“As a homeowner or lot owner of _________________ Subdivision, I will not hold the City of Hopkinsville, Kentucky responsible to maintain the pavement texture into its original condition found in ______________ Subdivision. In the event that a different pavement texture is damaged or destroyed, I will allow the City of Hopkinsville to use whatever means to repair the pavement texture with the understanding that the original design texture will not be maintained or restored.”
(c) Plat notes. The following notes will be placed on the final plat when the developer/owner elects to install a different pavement texture that does comply with the Hopkinsville Public Improvement Specifications and/or Chapter 99. The city is not responsible for the maintenance or upkeep or replacement of the pavement texture installed in this subdivision to the original standards only to the standards specified in the Hopkinsville Public Improvement Specifications and/or Chapter 99.
(Ord. 1-95, passed 2-21-1995; Ord. 17-2002, passed 9-17-2002; Ord. 04-2011, passed 4-19-2011; Ord. 08-2014, passed 4-15-2014)