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The final plat shall conform substantially to the preliminary plat as approved, and it may constitute only a portion of the preliminary plat which the subdivider proposes to record and develop.
(A) Final plat data. The final plat shall give the following information:
(1) Scale of 100 feet to one inch or larger; graphic scale; north arrow;
(2) Name of subdivision, names and addresses of owner(s), the licensed professional land surveyor and adjacent property owners;
(3) Acreage of land to be subdivided;
(4) All dimensions, angles, bearings and similar data on the plat shall be tied to permanent benchmarks. These benchmarks shall be U.S.G.S. survey benchmarks, the nearest established control points, other official monuments or witness monuments as standard. Locations and descriptions of said benchmarks shall be given;
(5) Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, and property lines of residential lots and other sides with accurate dimensions to the nearest one hundredth of a foot; bearings of deflection angles, radii, arcs and central angles of all curves with dimensions to the nearest second. Landscaping requirements shall be indicated to comply with design standards;
(6) Name and right-of-way width of each street, easement or other right-of-way;
(7) Lot numbers and addresses;
(8) Purpose for which sites, other than residential lots are dedicated or reserved;
(9) Minimum building setback lines in accordance with zoning ordinance (Chapter 154); in no case shall it be less than 35 feet from the right-of-way line;
(10) Location and description of monuments, including benchmarks, existing streams or other bodies of water, significant trees and tree stands, sinkholes and the like;
(11) Names and location of adjoining subdivisions and streets, the location of adjoining unplatted properties, and the names and addresses of the owners of adjoining unplatted properties;
(12) Certification on plat of title showing that the applicant is the owner and a statement by such owner dedicating streets, right-of-way and other sites for public use (Form 1);
(13) Certification on plat by licensed professional land surveyor as to the accuracy of survey and plat (Form 2);
(14) Certification by the County Health Officer of individual subsurface sewage disposal or approval by the applicable sewer district of acceptance of relevant improvements (Form 8);
(15) Certification (Form 5) that the subdivider has complied with one of the following alternatives:
(a) All the improvements have been installed in accordance with the requirements of these regulations; or
(b) A security bond, irrevocable letter of credit or certified check has been posted with the county in sufficient amount to assure such completion of all required improvements in compliance with division (C) below.
(16) Cross-sections, profiles and grades of streets, curbs, gutters showing the locations of in-street utilities and drawn to county specifications, and elevations shall be attached to the final plat. Road profiles and roadway design shall be signed by a licensed engineer. Plats shall bear the seal and signature of such engineer. The engineer shall be licensed to do business in the commonwealth;
(17) Protective covenants shall either be placed directly on the final plat or attached thereto in form for recording;
(18) Certification on plat by the Chairperson of the Planning Commission that the plat has been approved for recording in the office of the County Clerk (Form 3); and
(19) See Exhibit 8-3, Typical Final Plat.
(B) Procedure.
(1) Fifteen copies of the final plat, together with any street profiles or other plans that may be required shall be submitted to the Planning Commission Administrative Officer/Planning and Zoning Office by the subdivider at least 21 days prior to the meeting, at which time it is reviewed. At least three copies of the plat shall contain all original signatures.
(2) The final plat shall be reviewed by the Planning Commission who will check said plat as to computations, certifications, monuments and the like, and determine that all the required improvements have been completed to the satisfaction of the Lincoln County/Cedar Creek Planning Commission. A security bond, irrevocable letter of credit or certified check may be posted in sufficient amount to cover the cost of the required improvements if such improvements are not complete. The Planning Commission shall establish the amount deemed sufficient if this option is elected.
(3) One copy shall be transmitted to the County Health Department Officer or the appropriate sewer district. If the plat meets the approval of the appropriate agency, three copies must be signed by the appropriate authority.
(4) One copy shall be transmitted to the County Fire Department, as appropriate, for review and approval of fire safety compliance.
(5) Within the 60 days after review of the final plat, the Planning Commission shall approve or disapprove the said plat. Failure of the Planning Commission to act upon this final plat within 60 days shall be deemed approval of the plat. If the plat is disapproved, the grounds for disapproval shall be stated in the records of the Planning Commission.
(6) Approval by the Planning Commission shall not constitute acceptance by the public of the dedication of any street, other public way or ground.
(7) When the final plat has been approved by the Planning Commission, two copies shall be returned to the subdivider, with the approval of the Planning Commission certified thereon, one copy for proper filing with the County Clerk as an official plat record and one for the subdivider’s records. Another copy certified by the Planning Commission will be retained by the Planning Commission and Fiscal Court for their records and any necessary action on any proposed dedication.
(C) Construction guarantees.
(1) Prior to the submission of the final plat to the Commission for approval, the developer shall complete all required improvements to the satisfaction of the County Engineer and/or the appropriate utilities who will certify their satisfactory completion in writing to the Commission.
(2) The developer may execute and file guarantees of construction with the Planning Commission in lieu of completion of some of the required improvements when requesting approval of the final plat. The developer shall install all soil erosion and sedimentation controls, street construction (except for the final course of blacktop), and stormwater retention facilities to the satisfaction of the County Engineer prior to the submission of the final plat. In addition to the final course of blacktop, water and sewer utilities, and clean-up may have guarantees of construction submitted in accordance with these regulations.
(3) The developer shall submit to the Planning Commission, Fiscal Court or the County Engineer an estimated cost calculated to be reasonably necessary to complete all of the improvements required for their review and approval. The Planning Commission or Fiscal Court shall establish the bond amount at 125% of the cost approved and deemed sufficient.
(4) The bond may be in the form of a surety bond, certified check, irrevocable letter of credit or a cash bond or negotiable United States Treasury certificates of the kind approved by law for securing deposits of public money. The bond shall be executed by the developer as principal, and if a surety bond, shall be executed by a corporation authorized to act as a surety under the laws of the commonwealth, as surety. The bond shall be a joint bond and several obligations, faithful performance of any and all work and the construction and installation of all improvements required to be done by the developer together with all engineering and inspection costs and fees incurred by the county. The bond shall contain the further condition that should the developer fail to complete all work and improvements required to be done by him or her within 12 consecutive calendar months of the date of approval of the final plat, or within a mutually agreed upon extension not to exceed 12 consecutive calendar months, the Planning Commission or Fiscal Court may, at their option, cause all required work to be done and improvements constructed. The parties executing the bond shall be firmly bound for the payment of all necessary costs therefore. Whenever the developer elects to deposit cash, certified check or approved negotiable United States Treasury certificates, the Planning Commission or Fiscal Court shall be authorized, in the event of any default on the part of the developer or the performance of any work or construction of any improvements for which the cash or negotiable bonds has been deposited, to cause the required work to be done and to withdraw that amount required for payment of all costs therefor.
(5) At such time that the developer has completed such improvements specified in the bond guarantee, the developer shall notify the County Engineer or the appropriate utility who will inspect the improvements and, if all are in conformance with the requirements, will notify the Commission or Court in writing and recommend the release of the relevant portion of the bond or other instrument used as the guarantee of performance.
(6) The Fiscal Court shall not accept any road and/or street for county maintenance unless and until the following is completed.
(a) Prior to submission to the Lincoln County/Cedar Creek Planning Commission of the Final Plat relative to a subdivision, the developer or subdivider has fully and completely reimbursed the Court for any and all fees and costs paid to the selected engineer or engineering firm charged with the plat review.
(b) Prior to the acceptance by the Fiscal Court of maintenance of any road and/or street, the developer or subdivider has fully and completely reimbursed the Court for any and all fees and costs paid to the selected engineer or engineering firm charged with construction inspection. It is the intent of these regulations that all costs incurred by the Court for the engineering or engineering firm shall be the responsibility of the developer and/or subdivider and reimbursement shall be a condition for approval of the final plat.
1. The Fiscal Court and/or its authorized agents may require that the one-inch bituminous surface course not be applied to any or selected subdivision streets and/or roads until after completion of at least 75% of the subdivision buildings. The Fiscal Court may, at its option, accept streets and/or roads prior to the application of the surface course provided that the Planning Commission or the Court retains a maintenance and performance guarantee to ensure that the existing road is properly maintained, and to ensure that the road is completed once the subdivision is fully developed.
2. The developer shall be responsible for the maintenance and repair of the improvements installed. The developer shall be responsible for any damage done to the improvements by construction traffic, local traffic or by any other means and shall ensure the accessibility to all occupied lots until final acceptance for maintenance by the county. Upon completion of work and before public acceptance, the developer shall clean up all ground occupied or affected in connection with the work. Failure to maintain or repair improvements may result in withholding approval of subsequent units of the subdivision or the billing of the developer for such service performed by the county. Payment shall be guaranteed by the performance bond or other instrument used as the guarantee.
(3) An amount of 50% of the final cost of streets, gutters and curbs shall be retained from the original instrument of construction guarantee, or a new instrument posted, at the developer’s or subdivider’s option, with the Fiscal Court at the time of public acceptance of the street(s) for two years to guarantee the quality of construction of the street, gutters and curbs.
(Ord. passed 4-1-2003)
(A) No plat or plan of a subdivision of land located within the jurisdiction of the Planning Commission shall be admitted to the records of the county or received or recorded by the County Clerk until said plat has received final approval in writing by the Planning Commission as provided in the KRS 100.277. Admission to the records shall not be construed as approval.
(B) No board, public officer or authority shall accept, lay out, improve or authorize utilities to be laid in any street within the territory for which the Planning Commission has adopted subdivision regulations unless the street has been approved by the Planning Commission.
(Ord. passed 4-1-2003)
DESIGN STANDARDS
All streets which are designed primarily for the movement of vehicular traffic shall conform to the following requirements.
(A) Classification of streets and required pavements.
(1) Five basic street classifications shall be observed by developers:
Arterial streets, separated pavements, each | 22 feet |
Collector streets (commercial/industrial) | 26 feet |
Collector streets (rural/residential) | 22 feet* |
Local streets (commercial) | 24 feet |
Local streets (rural/residential) | 22 feet |
*Where it is determined that a turn lane(s) is necessary by state or local officials, a minimum of 9 feet of pavement shall be provided for each turn lane, in addition to the travel lanes | |
(2) All streets shall have the following roadway construction standards.
(a) The alignment on all streets should have a centerline run, profile taken and grade figured to construct finished pavement and to establish drainage facilities.
(b) Tangent section of roadway shall have roadway crown of three-sixteenths per foot of roadway and curved sections of roadway to have super elevation in roadway not to exceed 0.01 per foot, depending on length, sharpness of curve and traffic flow. This super elevation to be transitioned from tangent sections to curved section and vice versa, with runoff of curve being of such distance as not to create any water pockets or bumps in roadway. These requirements of constructing roadway to be made in each phase of construction, sub-grade base and finished surface.
(c) The roadway sub-grade should be stripped of all debris, sod, grass, roots and the like. Sub-grade to be finished with suitable materials, soil free of foreign matter, to finished sub-grade elevation, then compacted with rollers and water if needed, to establish suitable sub-grade, prior to adding any base material.
(d) Base material should consist of a packed base consisting of eight inches of dense grade rock. This material should be laid in two equal layers and compacted with at least one 10-ton roller until density of desired percentage is reached for each layer. Water should be added to dense grade aggregate at approximately 7% at point of delivery and additional water added at roadway if so needed for smooth compacted sub-grade. Sub-grade finished elevation should be uniformly maintained as to grade alignment for desired thickness over entire roadway. Results of a compaction test shall be submitted the County Road Supervisor and County Judge/Executive for review and approval
(e) Roadway surface to be Class I surface made according to State Highway Department specifications at a minimum two-inch bituminous base and a one-inch surface to comply with county road ordinance thickness. Surface to be laid in two equal widths of roadway to maintain crown in center of roadway.
(f) The entrance pipe in private entrances to be 15-inch minimum, cross drain or storm sewer to be a minimum of 18 inches. Drainage calculations may be required where roadways/entrances cross natural area drainageways. Such calculations shall be provided by a licensed engineer and shall show flow and drain pipe sizes for specific conditions.
(g) Typical section of roadway should consist of a minimum of 11-foot pavement, three- foot shoulders, two-foot ditch, and four-foot concrete sidewalks built on 3:1 slope each side of centerline. Back slope of ditch in cut section should be so shaped to blend into existing grade or 4:1 slope when practical.
(B) Miscellaneous street standards. The following standards shall apply to miscellaneous street design elements.
(1) Relation to topography. Streets shall be logically related to the topography so as to produce the most usable and properly situated lots, provide the most drainage for storm water and proper grades.
(2) Street continuity. Streets in proposed subdivisions shall generally provide for the continuation of existing or dedicated streets in adjoining or nearby tracts, and provide for connection to adjoining unsubdivided tracts, especially those which would otherwise be landlocked.
(3) Street names. Streets which are obviously in alignment with existing streets shall generally bear the names of the existing streets. Street names shall not duplicate or closely approximate the names of existing streets in the county. Verify street naming with 911 personnel.
(4) Partial subdivision. Where the plan to be submitted includes only a part of the tract owned or intended for development by the developer, a sketch plan of the proposed street system for the unsubdivided portion shall be prepared by the developer and submitted to the Planning Commission.
(5) Planning for conflicting traffic or land use. Whenever the proposed subdivision contains or is adjacent to a railroad right-of-way, arterial street right-of-way, other major rights-of-way or conflicting changes in land uses, the Planning Commission may require marginal access streets, reverse frontage lots, lots with rear service alleys, lots with additional depth, or other such treatment as may be necessary for protection of abutting properties and afford separation of conflicting types of traffic or land use.
(6) Cul-de-sacs. Shall not be longer than 500 feet including the turnaround which shall be provided at the closed end with a right-of-way radius of 50 feet and a transition curve radius of 75 feet for connecting the turnaround with the rest of the street. Longer cul-de-sacs may be permitted because of unusual topographic or other conditions. Temporary turnarounds may be required at the end of stub streets as long as it is retained within the street right-of-way. If temporary turn-arounds are approved for stub streets intended for future extension in conjunction with future adjacent development, each developer shall extend the roadway to the property line within the approved easement.
(7) Oversize improvements. Whenever street rights-of-way or other improvements are required in excess of what is needed to meet the demands of the subdivision plat being considered, the Commission should require dedication or improvement costs of the developer only to the extent of what his or her subdivision needs, and then encourage the other appropriate authorities to finance the acquisition or cost of the additional improvements.
(8) Cuts. In cuts, all tree stumps, boulders, organic material, soft clay, spongy material and other objectionable materials shall be removed to a depth of at least two feet below the graded surface. Rock, when encountered, shall be scarified to a depth of at least 12 inches below the grade surface.
(9) Fills. In fills, all tree stumps, boulders, organic material, soft clay, spongy material and other objectionable material shall be removed to a depth of at least two feet below the natural ground surface. This objectionable matter as well as similar matter from cuts shall be removed from the right-of-way area and disposed of in such a manner that it will not become incorporated in fills or hinder proper operation of the drainage system.
(C) Street rights-of-way and grades. Street rights-of-way and grades shall be as follows:
Street Classification | Min. R.O.W.* Max. Grade** | Min. Grade |
Street Classification | Min. R.O.W.* Max. Grade** | Min. Grade |
Arterials | 80' | 4% |
7% | ||
Collectors | 60' | 4% |
10% | ||
Local (minor) | 50' | 5% |
10% | ||
*Additional right-of-way may be required whenever a proposed subdivision abuts or contains an existing road of inadequate width, or to provide parking space in high density residential districts or nonresidential areas, or to provide drainage easements where streets parallel streams or drainage areas, or for other reasons to promote public safety and convenience. | ||
**The Commission may increase these maximum grades whenever they feel special topographic or other conditions justifies such increase. | ||
(D) Street alignment. The minimum horizontal and vertical alignment on all streets shall be as determined by accepted engineering practice and/or as follows:
Street Classification | *Horizontal Curve Radius Sag Curves | **Stop Sight Distance | Crest Curves ***Vertical Curves |
Street Classification | *Horizontal Curve Radius Sag Curves | **Stop Sight Distance | Crest Curves ***Vertical Curves |
Alleys | 100' | NA | NA |
NA | |||
Arterials | 53' | 275' | L-50A |
L=50A | |||
Collectors | 500' | 175' | L=21A; 100' min. |
L=30A; 125'min. | |||
Cul-de-sac | 50' | 90' | L=7A; 75' min. |
L=12A; 100' min. | |||
Local (minor) | 250' | 90' | L=7A; 75' min. |
L=12A; 100' min. | |||
Marginal access | 150' | 90' | L=7A; 75' min. |
L=12A; 100' min. | |||
*Whenever street centerlines are deflected in excess of one degree, connection shall be made by horizontal curves with a minimum radius at the centerline as noted (a 50 mph design speed was assumed for expressways, and 40 mph for arterials — based on AASHO 1957 policy). | |||
**A minimum safe stopping sight distance, measured from driver’s eye level of four and one-half feet above road surface along centerline of driver’s path to top of object four inches high above road surface, shall be provided as noted in “A Policy on Arterial Highways in Urban Areas,” AASHO, 1957. | |||
***All changes in street grades, having an algebraic difference exceeding 0.5%, shall be connected by vertical curves of a minimum length as noted. In the formula L = minimum length of vertical curve; A = algebraic difference in grades in percent; 100' minimum means minimum acceptable length of curve. | |||
(E) Street intersections. The following standards shall be the minimum for intersection designs.
(1) Number of approaches. Intersections involving more than four basic street legs or approaches shall be prohibited. Merging lanes, deceleration lanes, “Y” intersections and the like, are not included in this prohibition, but are considered as being parts of one street leg or approach.
(2) Angle of street intersection. For a tangent distance of at least 100 feet, measured from the intersection of right-of-way lines, all streets shall intersect at an angle of 90 degrees, where practical, but in no case shall be less than 75 degrees.
(3) Intersection offset. Streets entering opposite sides of another shall be laid out either directly opposite one another or with a minimum for minor and collector streets, consideration should be given to “T” intersections as opposed to four-way intersections.
(4) Intersection spacing. All minor streets intersecting with, and entering the same side of, arterial and collector streets shall be located at least 800 feet apart, measured between centerlines, except that in plans for entire neighborhoods such intersections may be placed at closer intervals. All minor streets intersecting with, and entering the same side of minor streets shall be located at least 200 feet apart, measured between centerlines. Access points from marginal access streets onto arterials and collectors also shall observe the 800-foot separation. When through streets pass through marginal streets and enter a collector or arterial, the marginal access road may be required to be bowed outward at the intersection in order to provide storage space of 400 feet or more to the arterials or collector streets.
(5) Excessive grades at intersections. Where the grade of any street at the approach to an intersection exceeds 3%, a leveling for a distance of 50 feet from the intersection of street centerlines shall occur. Vertical curves shall then be used to connect the intersecting grades.
(6) Intersection sight triangle for crossing. At all intersections, sight triangles shall be provided which will permit vehicles on the designated “Stop” street to safely cross, or turn into, the through street The sight triangles shall be formed by measuring along, and from the intersection of, the street centerlines, and connecting the measured points. The resulting triangles must lie wholly within the street rights-of-way. The following distances shall be measured along the centerlines:
Street Classifications | Distance Along Through Streets | Distance Along Stop Streets |
All minors, except below | 250' | 25' |
Alleys | NA | NA |
Arterials | 625' | 35' |
Collectors | 500' | 30' |
Cul-de-sacs | 200' | 25' |
Marginal access | 200' | 25' |
(7) Minimum property line radii. For street intersections, the minimum radius at property line shall be 20 feet for all streets, unless sound engineering practice dictates otherwise.
(F) Street extensions.
(1) The street layout of the proposed subdivision shall provide for the continuation or projection of streets already existing in areas adjacent to the area being subdivided unless the Planning Commission deems such continuation or extension undesirable for specific reasons of topography or design. The responsibility for these extensions remains with the developer of the dedicated right-of-way filed with his or her plat. At such time that the development right-of-way and street is accepted by the county, the developer shall be absolved from further responsibility of that road and right-of-way.
(2) Where, in the opinion of the Planning Commission, it is desirable to provide street access to adjoining properties, proposed streets shall be extended by dedication to the boundaries of such properties. Where the Planning Commission deems it necessary, such dead-end streets shall be provided with a temporary turn-around having a radius of at least 50 feet.
(3) The street system for the proposed subdivision shall provide for extending existing streets at the same or greater width, but in no case shall a street extension be of less width than the minimum width required in these regulations for a street in its category.
(Ord. passed 4-1-2003) Penalty, see § 153.99
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