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(A) Land determined to be unsuitable. If the Planning Commission finds that land proposed to be subdivided is unsuitable for subdivision development due to flooding, bad drainage, steep slopes, rock formations and other such conditions as may increase the danger of health, life or property or aggravate erosion or flood hazards; and, if from adequate investigations, conducted by all the public agencies concerned, it has been determined that in the best interest of the public the land should not be platted and developed for the purpose proposed, the Planning Commission shall not approve the land for subdivision unless adequate methods are formulated by the subdivider for meeting the problems that will be created by the subdivision and development of the land.
(B) Prematurity clause. The Planning Commission may refuse to approve what it considers to be scattered or premature subdivision of land which would involve danger or injury to the public health, safety, welfare or prosperity by reason of lack of adequate water supply, schools, proper drainage, good roads and transportation facilities, or other public services, or which would necessitate an excessive expenditure of public funds for the supply of such services (such as undue maintenance costs for adequate roads).
(Ord. passed 4-1-2003)
(A) Purpose.
(1) Landscaping shall be provided as part of site plan and subdivision design. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site, and creating a pleasing site character.
(2) Landscaping may include plant materials such as trees, shrubs, ground covers, perennials and annuals, and other materials such as rocks, water, sculpture, art, walls, fences, paving materials and street furniture. The use of native plant materials is strongly encouraged. The Planning Commission reserves the right to prohibit inappropriate plantings.
(3) The plan shall identify existing and proposed trees, shrubs and ground covers; natural features such as rock outcroppings; and other landscaping elements. The plan shall show where they are or will be located and planting and/or construction details. Where existing plantings are to be retained, the applicant shall include in the plans proposed methods of protecting them during construction.
(B) Site protection and general planting requirements.
(1) Topsoil preservation. Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide an even cover to all disturbed areas of the development and shall be stabilized by seeding or planting.
(2) Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed of in accordance with the law. No tree stumps, or portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may be used as mulch in landscaped areas, subject to approval by the Municipal Engineer.
(3) Protection of existing plantings. Maximum effort should be made to save significant trees.
(4) Slope plantings. Landscaping of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with ground cover appropriate for the purpose and for soil conditions, water availability and environment.
(5) Plant specifications. Deciduous trees shall have at least a two-inch caliper at planting. Size of evergreens and shrubs shall be allowed to vary depending on setting and type of shrub. Only nursery-grown plant materials shall be acceptable, and all trees, shrubs and ground covers shall be planted according to accepted horticultural standards. Dead and dying plants shall be replaced by the developer during the following planting season.
(6) Plant species. The plant species selected should be hardy for the central Kentucky area and appropriate in terms of function and size. Native plant species are strongly encouraged.
(C) Buffering.
(1) Function and materials. Buffering shall provide a year-round visual screen in order to minimize adverse impacts between varying land uses and zones. It may consist of fencing, evergreens, berms, rocks, boulders, mounds or combinations thereof to achieve the same objectives
(2) When required. Every development shall provide sufficient buffering when topographical or other barriers do not provide reasonable screening and when the Planning Commission determines that there is a need: to shield neighboring properties from any adverse external effects of a development; or to shield the development from negative impacts of adjacent uses such as streets or railroads. Single family residential developments are not typically required to provide buffering; however, higher density residential, commercial, industrial and recreational/resort development shall be required to buffer. In these types of developments, when building design and siting do not provide privacy, the Planning Commission shall require landscaping, fences or walls to screen dwelling units for privacy. Buffers shall be measured from side and rear property lines, excluding driveways.
(3) Amount required.
(a) Where more intensive land uses abut less-intensive uses, a buffer strip 15 feet in width shall be required. Any proposed or required vegetative buffer shall be a minimum of 15 feet in width.
(b) Parking lots, garbage collection and utility areas, and loading and unloading areas should be screened around their perimeters by a buffer strip a minimum of five feet wide.
(4) Design. Arrangement of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material.
(5) Planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that a year-round screen at least eight feet in height shall be produced within three growing seasons. All plantings shall be installed according to accepted horticultural standards.
(6) Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead and dying plants shall be replaced by the applicant during the next planting season. No buildings, structures, storage of materials, or parking shall be permitted within the buffer area; buffer areas shall be maintained and kept free of all trash, debris, weeds and tall grass.
(D) Parking lot landscaping.
(1) Amount required. In parking lots, at least 5% of the interior parking area shall be landscaped with plantings, and one tree for each ten spaces shall be installed. Parking lot street frontage screening and perimeter screening shall be a minimum of five feet wide. Planting required within the parking lot is exclusive of other planting requirements, such as for shade trees planted along the street
(2) Location. The landscaping should be located in protected areas, such as along walkways, in center islands, at the ends of bays, or between parking stalls. All landscaping in parking areas and on the street frontage shall be placed so that it will not obstruct sight distance.
(3) Plant type.
(a) A mixture of hardy flowering and/or decorative evergreen and deciduous trees shall be planted. Native plant species are strongly encouraged.
(b) Evergreens should be used along the perimeter of the lot for screening, and deciduous trees for shade within the lot. The area between trees shall be mulched, planted with shrubs or ground cover, or covered with paving material. Any area that will be under the overhang of vehicles shall be mulched or covered with paving material.
(E) Walls and fences.
(1) Walls and fences shall be erected where required for privacy, screening, separation, security, erosion control or to serve other necessary and reasonable functions.
(2) The design and materials used shall be functional and compatible with existing and proposed site architecture.
(3) No fence or wall shall be so constructed or installed as to constitute a hazard to traffic or safety.
(Ord. passed 4-1-2003) Penalty, see § 153.99
The State Department of Highways may file with the Planning Commission of any planning unit exercising subdivision jurisdiction, a map of the territory within one mile on either or both sides of any existing or proposed highway. After receipt of the map by the Planning Commission, no preliminary plats shall be approved by the Commission until one copy of such preliminary plat has been referred to the designated office of the Department of Highways for its review. If the Department of Highways desires to make any recommendations on the plan, it shall communicate such to the Planning Commission within 15 days after the receipt of the plat.
(KRS 100.287) (Ord. passed 4-1-2003)
(A) Any Court Clerk, person or entity who receives, files or records a plat in violation of the provisions of these regulations shall be fined not less than $100 or more than $500, as provided in KRS 100.991.
(B) Any person who transfers or negotiates to transfer any lot in a subdivision before the Final Plat of said subdivision has been approved by the Planning Commission and recorded in the County Clerk’s office, or attempts the description of land by metes and bounds in violation of these regulations, shall pay to the county a penalty of $100 for each parcel of land so transferred as provided in the KRS 100.991. The county may, by action in the Circuit Court, enjoin the transfer or agreement to transfer land as provided in the KRS 100.991.
(Ord. passed 4-1-2003)
§ 1 Application for minor plat
§ 2 Minor plat checklist
§ 3 Application for preliminary plat
§ 4 Preliminary plat checklist
§ 5 Application for final plat
§ 6 Final plat checklist
§ 7 Forms for plat certification
Form 1 Certificate of Ownership and Dedication
Form 2 Certificate of Accuracy
Form 3 Certificate of Approval for Recording
Form 4 Certificate of Availability of Water Supply
Form 5 Certificate of Approval of Streets
Form 6 Prohibited Transactions
Form 7 Certificate of Approval of Roadway System
Form 8 Subsurface Sewage Disposal Note
§ 8 Exhibits
EX. 8-1 Classification of Thoroughfares
EX. 8-2 Typical Preliminary Plat
EX. 8-3 Typical Final Plat
EX. 8-4 Typical Road Section
§ 9 201 KAR 18:150: Standards of Practice, Professional Land Surveyors
DATE _______________________________
APPLICATION NO. _____________________________
THE UNDERSIGNED APPLIES FOR MINOR SUBDIVISION APPROVAL UNDER THE PROVISIONS OF SECTION 340 OF THE SUBDIVISION REGULATIONS OF THE LINCOLN COUNTY/CEDAR CREEK PLANNING COMMISSION.
SIGNATURE ___________________________________________
ADDRESS ___________________________________________
PHONE ___________________________________________
MINOR SUBDIVISION APPROVAL IS REQUESTED UNDER THE FOLLOWING PROVISIONS (INDICATE ONE):
A. A SINGLE LOT DIVISION, WHERE A SUBDIVISION CONTAINS A TOTAL OF TWO (2) 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.
B. 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.
C. CONSOLIDATION PLATS WHERE UP TO AND INCLUDING FIVE (5) LOTS OF RECORD ARE CONSOLIDATED TO CREATE A LESSER NUMBER OF PARCELS AND INVOLVED NO NEW PUBLIC IMPROVEMENTS.
D. 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.
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FOR OFFICIAL USE & PLANNING COMMISSION REVIEW
DATE RECEIVED __________________________________________
ACTION ______________________________
COMMENTS _____________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
______________________ _____________________
CHAIRPERSON DATE
YES | NO | |
Five (5) copies submitted 10 days prior to Planning Commission meeting | ____ | ____ |
Plat contents per § 153.17(B) as follows: | ||
A. Name of subdivision and portion thereof | ||
Date | ||
Label “Minor Plat” | ||
Graphic scale | ||
North arrow | ____ | ____ |
B. Total site data including the following: | ||
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 registered 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 one hundred (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/front lot line for lots located on curves | ____ | ____ |
M. All permanent monuments or pins set to be set, such monuments or witness monuments shall be set at property corners, the intersections of property lines, the intersection of street centerlines (as applicable), 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 | ____ | ____ |
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 | ||
O. Deed restrictions and protective covenants (if applicable) | ____ | ____ |
P. Applicable Certificates found in Appendix: | ____ | ____ |
FORM 1 Certificate of Ownership and Dedication | ____ | ____ |
FORM 2 Certificate of Accuracy | ____ | ____ |
FORM 3 Certificate of Approval For Recording | ____ | ____ |
Q. If any portion of the proposed development lies within any 100-year floodplain the boundaries of such floodplain shall be shown on the plat | ||
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