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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future, words in the singular include the plural; the word PERSON includes association, firm, partnership, trust, governmental body, corporation, organization, as well as an individual; the word STRUCTURE includes building; the word OCCUPIED includes arranged, designed or intended to be occupied; the word USED includes arranged, designed or intended to be used; the word SHALL is always mandatory and not merely directive; the word MAY is permissive. Other words and terms shall have the following respective meanings.
ADMINISTRATIVE OFFICIAL. Any department, employee or advisory, elected or appointed body which is authorized to administer any provision of the zoning regulations, subdivision regulations and if delegated, any provision of any housing or building regulation or any other land use control regulation.
AGRICULTURAL USE. The use of any tract of at least five contiguous acres for the production of agricultural or horticultural crops, including, but not limited to, livestock, livestock products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables, flowers or ornamental plants, including provision for dwellings for persons and their families who are engaged in the above agricultural use on the tract, but not including residential building development for sale or lease to the public.
AS-BUILT PLANS: Engineering plans of public facilities, particularly water and sewage systems, prepared after construction to show the exact location and dimensions of the system as it has actually been installed.
BIKEWAY. A way or portion of a way intended and designated primarily for bicycle traffic.
BUILDING SETBACK LINE. A line in the interior of a lot which is generally parallel to and a specified distance from the street right-of-way line or lines. No building shall then be placed in the space between the BUILDING SETBACK LINE and the right-of-way lines.
CHAIRPERSON. The elected Chairperson of the Planning Commission, or, in his or her absence, the Vice Chairperson or other delegate.
COMMISSION. The Lincoln County/Cedar Creek Planning Commission formed by the County Fiscal Court for the purpose of developing land use plans and regulations within the boundary of the county and charged with administering these regulations.
COMPREHENSIVE PLAN. A plan, or portion thereof, adopted by the Planning Commission in accordance with KRS 100.183 through 100.197, showing the general location and extent of present and proposed physical facilities including housing, commercial and industrial uses, major streets, parks, schools and other community facilities. This plan also establishes the goals, objectives and policies of the community which are also adopted by the Fiscal Court.
COUNTY. The territory of Lincoln County, Kentucky.
COUNTY ENGINEER. The engineer employed or contracted by the county for the purpose of administering the operation of public facilities and inspecting the plans and construction of these public facilities.
DEVELOPER. Any individual, firm, association, corporation, government, agency or any other legal entity commencing proceedings under these regulations, to carry out the development of land as defined herein, for himself or herself or for another.
DEVELOPMENT PLAN. A presentation in the form of sketches, maps and drawings (plans and profiles) of a proposed use and/or structure by the owner of the land which sets forth in detail the intended development (see site plan). At a minimum, a DEVELOPMENT PLAN shall include the same information required for preliminary plats in the county subdivision regulations, unless otherwise waived by the Planning Commission. DEVELOPMENT PLANS shall be required by the Planning Commission for all zone change requests and shall be required for all industrial developments consisting of one building or more and all other developments consisting of two or more principal buildings. The subdivision preliminary and final plat process shall satisfy the DEVELOPMENT PLAN requirements for all single-family residential developments.
EASEMENT. Authorization by a property owner for the use by others, of any designated part of his or her property, for a specified purpose and time as described in the conveyance of land by such easement.
FINAL SUBDIVISION PLAT. The final map, drawing or chart upon which the subdivider’s plan of subdivision is presented to the Planning Commission for approval and which, if approved, will be submitted to the County Clerk for recording.
GRADE. This inclination from the horizontal of a road, unimproved land and the like, and is expressed by stating the vertical rise or fall as a percent of the horizontal distance.
LEGISLATIVE BODY. The chief body of a city or a county with legislative power, whether it is the Board of Aldermen, the General Council, the Common Council, the Board of Commissioners or the County Fiscal Court.
LOT or PARCEL. A portion of land in a subdivision or plat of land, separated from other lots or portions of land by description as on a subdivision or record of survey map or by metes and bounds; for the purpose of sale, lease or separate use. All LOTS shall front on a public street.
LOT AREA. The amount of surface land contained within the property lines of a lot, including the land within easements on the lot, but excluding any land within the street right-of-way or public open space.
LOT, CORNER. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a CORNER LOT if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
LOT DEPTH. The average horizontal distance between the front and rear property lines of a lot.
LOT FRONTAGE. The front of a lot is that portion nearest to the street. For the purpose of determining yard requirements for corner and through lots, all sides of a lot adjacent to a street shall be considered FRONTAGE.
LOT-OF-RECORD. A lot which is part of a subdivision recorded in the office of the County Clerk, or a lot or parcel described by metes and bounds, the description of which has also been recorded.
LOT, THROUGH OR DOUBLE FRONTAGE. A lot of which the opposite ends abut on streets.
LOT WIDTH. The distance between the two side property lines of a lot measured along the building setback line. The width between side property lines along the right-of-way line should not be less than 60% of the LOT WIDTH for residential lots.
MAJOR STREET PLAN (OR TRANSPORTATION PLAN). The portion of the Comprehensive Plan pertaining to transportation and existing and proposed streets.
MOBILE HOME PARK. A parcel of land available to the public in which two or more mobile home lots are occupied or intended for occupancy by mobile homes and includes any service building, structure, enclosure or other facility used as a part of the park.
MOBILE HOME SUBDIVISIONS. A tract of land subdivided for residential development limited to the use of mobile homes wherein the parcels subdivided are intended for sale or lease.
OFFICIAL PUBLIC PROPERTIES MAP or OFFICIAL MAP. A map prepared in accordance with KRS 100.293 through 100.317 and adopted by the Planning Commission and/or the legislative body, showing the location and extent of the existing and proposed public streets, including right-of-way, watercourses, parks and playgrounds, public schools and building sites, and other public facility needs.
OWNER. Any individual, firm, association, corporation, governmental agency or any other legal entity whose name last appears on the tax roles as owner of the land proposed to be subdivided.
PLANNED UNIT DEVELOPMENT. An area of land in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations.
PLAT. A map or layout of a subdivision indicating the location and boundaries of individual properties.
SKETCH PLAT. A preliminary sketch indicating the subdivider’s general objectives and desires in regard to the future development of his or her land, presented to the Planning Commission for its informal consideration.
PRELIMINARY PLAT. The drawings and supplementary material indicating the proposed layout of the subdivision and its public facilities to be submitted to the Planning Commission for its consideration.
PUBLIC FACILITY. Any use of land, whether publicly or privately owned, for transportation, utilities or communications, or for the benefit of the general public, including, but not limited to, libraries, streets, schools, fire or police stations, county buildings, municipal buildings, recreational centers including parks and cemeteries.
RIGHT-OF-WAY. Land used generally for streets, sidewalks, alleys, easements or other public uses. RIGHT-OF-WAY also refers to the distance between lot property lines which generally contains not only the street pavement, but also sidewalks, grass area and underground and aboveground utilities.
SETBACK LINE. See BUILDING SETBACK LINE.
SIDEWALK. A way or portion of a way intended primarily for pedestrian traffic.
SIGHT DISTANCE. A straight line of unobstructed view measured between a point four feet above the finished surface of a road, at the centerline of each traffic lane, and a point at a given minimum specified distance away from the first point, located one foot above the finished surface at the centerline of the same traffic lane.
SITE PLAN. A development plan of one or more lots on which is shown the existing and proposed topography of the lots, the location of all existing and proposed buildings, drives, parking spaces, means of ingress and egress, drainage facilities, landscaping, structures and signs, lighting, screening devices and any other information that may be reasonably required in order to make an informed decision.
STREET. A public right-of-way which provides a public means of vehicular and pedestrian access to abutting property. The term street shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any other similar term. The right-of-way limits of any STREET shall include the street pavement, curb and gutter (or open ditches) and may provide space for the location of utilities. The right-of-way limits of any STREET shall be coincidental to the property line of the adjacent or the abutting lot. STREETS are classified specifically herein as follows (see Exhibit 8-1).
(1) ARTERIALS. ARTERIAL STREETS rank second in the classification of streets, and are primarily for vehicular movement. 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 by providing each abutting property 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.
(2) COLLECTOR STREETS. COLLECTOR STREETS rank third in the classification of streets, and they are principally used for vehicular movement; however, access to abutting properties is 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 lengths and speed control.
(3) 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. This class of streets are typically constructed with state and/or federal funds.
(4) LOCAL STREETS (MINOR STREETS). LOCAL STREETS rank fourth in the classification of streets and are used primarily for providing access to abutting properties. Vehicular movement on LOCAL STREETS should have an origin or destination in the immediate vicinity, whereas all types of through-traffic should be eliminated. LOCAL STREETS are the primary link between generator points (homes, offices, stores and the like) and collector streets. LOCAL STREETS may be further classified to include the following.
(a) ALLEYS. ALLEYS are streets generally having two open ends with each end connecting to different streets. Such streets generally provide service and access to the rear of abutting properties on both sides.
(b) CUL-DE-SACS. CUL-DE-SACS are minor streets having only one open end providing access to another street, and a closed end providing a turn-around circle for vehicular movement. No streets of this type shall dead-end at the closed end without provisions for a turn-around circle. Temporary turn-around circles may be required when a street is proposed to be continued in the future or when otherwise deemed necessary by the Commission.
(c) MARGINAL ACCESS STREETS. MARGINAL ACCESS STREETS are minor streets generally having two or more access points to the major street system by connecting to a street of higher classification. Property abuts only one side of such a street whereas the other side thereof should generally be parallel and adjacent to a street of higher classification. MARGINAL ACCESS STREETS are sometimes called ACCESS OR FRONTAGE ROADS.
SUBDIVIDER. Any individual, firm association, corporation, governmental agency or any other legal entity commencing proceedings under these regulations, to create a subdivision of land as defined herein for himself or for another.
SUBDIVISION. The division of a parcel of land into three or more lots or parcels for the purpose, whether immediate or future, of sale, lease or building development, or if a new street is involved, any division of a parcel of land; providing that a division of land for agricultural purposes into lots or parcels of five acres or more and not involving a new street shall not be deemed a SUBDIVISION. The term includes RESUBDIVISION and, when appropriate to the context, shall relate to the process of subdivision or to the land subdivided. Any request to divide more than one tract per year from any parent tract shall imply the intent to create a SUBDIVISION and such proposal will be required to comply with all the major plat requirements of these subdivision regulations. A single lot division may be considered a minor plat as determined by the Planning Commission.
UNIT. A portion of a subdivision selected for development as one of a series of stages.
(Ord. passed 4-1-2003)
ADMINISTRATIVE PROCEDURES
These regulations and standards shall apply to the subdivision of any tract of land into two or more parcels, counting the original tract; the consolidation of two or more parcels of land into a fewer number of parcels; and to the amendment of any subdivision plat previously approved by the Commission.
(Ord. passed 4-1-2003)
(A) Generally.
(1) Before preparing a plat and subletting it to the Planning Commission for approval, the subdivider should meet and consult informally with the Planning Commission for the purpose of ascertaining the locations of proposed and major streets, parks, playgrounds, school sites and other planned projects, which may affect the property being considered for subdivision. At the pre-application meeting, the subdivider should review with the Planning Commission the minimum standards of subdivision design set forth in §§ 153.35 through 153.44. This informal review should prevent unnecessary and costly revisions in the layout and development of the subdivision. Formal application or filing of a plat with the Planning Commission is not required for this informal advisory meeting; however, it is helpful if a sketch plat as detailed in division (B) below is prepared.
(2) At the pre-application conference the proposed subdivision will be classified as a major or minor subdivision and the subdivider advised accordingly of the proper procedure to follow. Major subdivisions shall be processed in accordance with §§ 153.18 through 153.20. Minor subdivisions shall be processed in accordance with § 153.17.
(B) Sketch plat.
(1) The subdivider may submit a sketch plat containing the information specified below. This plat may be in pencil, on a sheet of paper or other suitable material of adequate size to show the subdivided area at a scale of 100 feet per inch or other suitable scale. The sketch plat does not have to be prepared or certified by a registered professional surveyor or engineer.
(2) A well prepared sketch plat includes the proposed name of subdivision, date, north arrow, scale; name and address of property owner and developer; a generalized vicinity sketch showing existing roads and their names, the subject property, and major streams; generalized shape of the subject property at scale of 100 feet per inch with boundary dimensions and total acreage; existing physical features including natural drainageways, existing structures, wooded areas, ponds, sink holes; generalized topographic contours at 20-foot intervals; generalized layout of proposed streets and lots; names of adjacent land owners or subdivisions; existing and proposed zoning; information about available utilities and proposed methods of service for water supply, sanitary sewer, storm water drainage; relationship to community services including shopping, schools, parks; and the proposed land use for all parcels.
(Ord. passed 4-1-2003)
At the pre-application meeting (§ 153.16), the Commission will determine whether the proposed subdivision constitutes a major or minor subdivision; and in the case of minor subdivision, the lesser significance on the long range development of the community is considered justification for simplifying and expediting the processing of such plats.
(A) Minor plat criteria. To qualify for consideration as a minor subdivision plat, a subdivision must meet one of the following situations:
(1) A single lot multi-lot division, where a subdivision contains a total of two three lots, including the remainder of the original tract; provided both lots front on an existing public street; and the division involves no opening, widening or extension or streets or utilities;
(2) Consolidation plats where the division provides for the transfer of land between adjacent property owners and does not involve the creation of any new lots or building sites;
(3) Consolidation plats where up to and including five lots of record are consolidated to create a lesser number of parcels and involved no new public improvements; or
(4) Plats of correction where there is a need to make technical revisions to a recorded final plat of an engineering or drafting nature or similar small discrepancy, but not including the altering of any property lines or public improvement requirements.
(B) Minor plat requirements.
(1) The following information shall be included on any minor plat presented for review by the Commission unless accompanied by a request for waiver:
(a) Name of subdivision and portion thereof, date, label “minor plat,” graphic scale, north arrow;
(b) Total site data including acreage, number of lots, area and lot number of the smallest lot, square feet of area or acres in parks and other public uses, zone districts that apply to subdivision;
(c) Name and address of property owner, subdivider (if other than owner);
(d) Name, address and seal of the licensed professional land surveyor responsible for preparation of the plat and certification that the plat represents a survey made by him or her and that all monuments shown actually exist, and their location, size and material are correctly shown;
(e) Names and adjacent property owners or subdivisions and abutting streets;
(f) Vicinity map at a scale of 2,000 feet per inch or greater showing the subject property and surrounding land within one-half mile existing street systems and their connections with proposed streets;
(g) All exterior plat boundary lines with lengths of courses and bearings as determined by an accurate survey in the field. The plat shall be prepared at a scale of not smaller than 100 feet per inch;
(h) Bearing and distance to nearest established street lines or other recognized permanent monuments;
(i) Exact location, right-of-way and names of all streets adjoining the plat;
(j) Location and dimensions of all easements or right-of-way when provided for or owned by public utilities, with the limitations of the easement rights definitely stated on the plat;
(k) Location of lots and blocks showing dimensions to nearest one hundredth foot, bearings of lot lines building setback and identification by consecutive lot number or letter designation;
(l) Lot width at building setback line and front lot line for lots located on curves;
(m) All permanent monuments, witness monuments or pins set to be set shall be shown and described on the minor plat. Such monuments shall be set at the intersections of property lines, the intersection of street centerlines, and at angles along the subdivision boundary. Any required monument or pin destroyed before acceptance of improvements shall be replaced by the subdivider or developer; and
(n) Subdivision plats being submitted for industrial and commercial development shall also show buildings including entrances, loading areas and, when possible, the number of establishments to be contained within.
(2) The following items of supplementary information shall be submitted with and included as part of the minor subdivision plat:
(a) Copy of completed subdivision application form for minor plat review and payment of subdivision processing fees;
(b) Deed restrictions and protective covenants shall either be placed on the minor plat or attached thereto in form for recording (if recorded separately, reference to the restrictions shall be made on the minor plat);
(d) If any portion of the proposed development lies within any 100-year floodplain, the boundaries of such floodplain shall be shown on the plat.
(C) Minor plat procedure.
(1) Upon the determination that a proposed subdivision meets the minor plat criteria of divisions (A) and (B) above, the subdivider shall proceed directly with the preparation of the plat for the Chairperson’s signature and recording.
(2) An application for review of the minor plat and five copies of the plat shall be submitted at least 21 days prior to a regularly scheduled Commission meeting to the Chairperson or his or her designee. The Chairperson or his or her designee may decide at this time to waive the required public review of the minor plat upon the determination that all plat requirements are met. If he or she so chooses, the Chairperson may sign the plat thus certifying its approval for recording by the County Clerk and not require it to be presented at a Commission meeting.
(Ord. passed 4-1-2003)
If the proposal is determined to be a major subdivision, after the pre-application meeting with the Planning Commission, the subdivider shall have a preliminary plat prepared and submitted to the Planning Commission for its approval prior to making of any street improvements or the installation of any utilities.
(1) Graphic scale of 200 feet to one inch or larger; label “preliminary plat”; north arrow; vicinity sketch map (one inch equals 2,000 feet); date;
(2) Name of subdivision, names and addresses of the owners, the licensed professional land surveyor and the owners of adjacent property;
(3) Acreage of land to be subdivided;
(4) Contours at an interval of not greater than five feet or at a lesser interval if deemed necessary by the Planning Commission;
(5) Boundary lines of area to be subdivided and their bearings and distances;
(6) Existing and proposed easements and their locations, widths and distances;
(7) Streets on and adjacent to the tract and their names, widths, approximate grades, profiles (one inch equals 20 feet), and other dimensions as may be required;
(8) Utilities on and adjacent to the tract showing proposed connections to existing utility systems; plans and profiles for all proposed utilities; existing culverts and watercourses. General location and size of proposed stormwater facilities including retention/detention facilities and swales. Rear easements for utility poles and wires shall be required wherever possible;
(9) Lot lines and lot numbers;
(10) Sites and their acreages, if any, to be reserved or dedicated for parks, playgrounds, schools or other public uses. Sites, if any, for non-single-family use;
(11) Minimum building setback lines;
(12) Copies of proposed deed restrictions, if any, shall be attached to the preliminary plat;
(13) Clearly indicate or discuss proposed erosion control methods during construction;
(14) Certificates 1, 2, 4, 6, 7 and 8 as indicated in the Appendix; and
(15) See Exhibit 8-2, Typical Sample Preliminary Plat.
(B) Procedure. These procedures shall be adhered to in all cases; and no hearings or plat reviews shall be considered without compliance to the procedures identified below.
(1) Fifteen copies of the complete preliminary plat and supplementary material specified (see preliminary plat data requirements) shall be submitted to the Planning Commission Administrative Officer/Planning and Zoning Office at least 21 days prior to the next regularly scheduled Planning Commission meeting.
(2) The Administrative/Enforcement Officer for the Planning Commission shall notify the subdivider of the time and place of the meeting at which the plat will be discussed.
(3) Within 60 days after the review of the preliminary plat, the Planning Commission shall approve, disapprove or approve subject to modification the said plat. If a plat is disapproved, reasons for such disapproval will be stated in writing. If approved subject to modifications, the nature of the required modifications shall be indicated in writing. 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. One copy shall be returned to the subdivider and the other retained by the Planning Commission.
(4) Approval of the preliminary plat shall not constitute acceptance of the final plat. Upon approval of the preliminary plat, the developer may proceed with improvements to the land at his or her own risk and subject to development standards set forth in this chapter. Prior to final plat approval all improvements must be complete or have adequate bonding in place. No lots may be sold until the final plat is approved and properly filed in the County Clerk’s office. The approval of the preliminary plat shall lapse one year from the date of such approval. An extension of time may be applied for by the subdivider and granted by the Planning Commission.
(C) Subdivision of a portion of a larger tract. When part of a tract is proposed to be subdivided and the subdivider intends to subdivide additional parts of the tract in the future, a sketch plan or a conceptual development 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. The sketch or conceptual plan is non-binding except in conformance with the Comprehensive Plan.
(Ord. passed 4-1-2003)
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