For this purpose, certain words and terms are herewith defined; words used in the present tense include the future, the singular includes the plural and the plural includes the singular, the word SHALL is mandatory and not directory.
ADMINISTRATIVE OFFICER. A person authorized by the Planning Commission to act on its behalf.
AGRICULTURE USE.
(1) The use of a 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, and shall also include, regardless of the size of the tract of land used, small wineries licensed under KRS 243.155, and farm wineries licensed under the provisions of KRS 243.156.
(2) Any deed or plat that uses the agricultural exemption as per KRS 100.111 shall have a notice on the plat or deed that reads as follows: “This property has not been approved by the Hopkins County Joint Planning Commission for any residential development other than the dwellings for persons and their families who are engaged in agricultural use of the property as described in KRS 100.111(2).”
ALLEY. A right-of-way, no more than 20 feet wide, providing a secondary means of access to any property abutting upon it and remaining the responsibility of the homeowner's association.
BEST MANAGEMENT PRACTICES (BMPs). Activities or structural improvements that help reduce the quantity and improve the quality of storm water runoff. BMPs include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.
BOND. A financial surety that the required improvements will be completed by the developer. A warranty bond guarantees the workmanship/materials of the improvements for a specified time period.
BUILDING. Any structure built/placed/erected for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.
BUILDING LINE. A line in the interior of the lot which is generally parallel to, and a specified distance from, the street right(s)-of-way. No building shall be placed in the space between the building line and the right(s)-of-way. This denotes the location of the front yard and/or street side yard.
CITY. The City of Madisonville, Kentucky.
CITY ENGINEER. The City of Madisonville Engineer.
CLEAR SIGHT TRIANGLE. A triangular-shaped portion of land established at street intersections, in accordance with the FHWA, in which nothing is allowed to be placed in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
COMPREHENSIVE PLAN. The adopted comprehensive plan indicating the general locations recommended for the streets, parks, public buildings, land uses, and other similar information.
CONSTRUCTION PLANS. A set of plans showing the specific location and design of improvements to be installed in the subdivision in accordance with these requirements and other adopted requirements of the city.
CONTIGUOUS. Lots are contiguous when at least one boundary line of one lot touches a boundary line or lines of another lot.
COUNTY. The County of Hopkins, Kentucky.
CUL-DE-SAC. A permanent dead-end street or court culminated by a turnaround and not intended to be extended in the future.
DEED RESTRICTIONS. Private legal restrictions on the use of land contained in the deed to the property and/or otherwise formally recorded in the County Clerk's office.
DESIGN ENGINEER. A licensed professional engineer, licensed by the Commonwealth of Kentucky, to practice engineering.
EASEMENT. Authorization by a property owner for another to use the owner's property for a specified purpose.
ENVIRONMENTALLY SENSITIVE AREA. Any area that, due to its natural or physical setting, may have environmental problems with regard to its development. Lands in question shall include, but are not limited to, areas of steep slope (over 10%), floodplains, areas of poor soils, improper fill, sinkholes, blue-line streams, creeks, lakes, and other natural waterways. Such areas, if included in a proposed subdivision, shall require setbacks as determined by the City Engineer.
FLAG LOT. A lot, not of a uniform pattern, having the required road frontage as its maximum width to an area where the lot widens to provide an adequate building site and to where the lot meets all requirements. Illustration 1 denotes a typical flag lot configuration.
Illustration 1.
FLOODPLAIN. An area susceptible to being inundated with water from a flood having a 1% chance of being equaled or exceeded in any given year (a 100-year flood).
FLOODWAY. The channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot. FLOODWAY may also be referred to as REGULATORY FLOODWAY.
FLOOD HAZARD AREA. Also known as SPECIAL FLOOD HAZARD AREA. All land subject to periodic inundation by the overflow of natural waterways.
FRONTAGE STREET. Any street which provides the required road frontage and from which the front yard is determined. (See PERIMETER STREET for corner lots).
HEALTH DEPARTMENT. The Commonwealth of Kentucky Department of Health or the Hopkins County Health Department.
IMPROVEMENTS. Physical changes made to land in order to make the land more suitable for the proposed use. Typical improvements include grading, ditches, culverts, bridges, sanitary sewers, storm sewers, water lines, utility lines, streets, curbs, gutters, sidewalks, streetlights, and all other appropriate improvements.
LOT. A parcel or portion of land in a subdivision, or plat of land, intended for transfer of ownership, or possession, or for building development.
(1) CORNER LOT. A lot situated at the intersection of two or more streets or roads. One street shall be the frontage street and all others shall be the perimeter street(s).
(2) DOUBLE FRONTAGE LOT. A lot having two or more of its non-adjoining property lines abutting a street or streets.
(3) LOT DEPTH. The average horizontal distance between front and rear lot lines.
(4) LOT FRONTAGE. The distance measured along the right(s)-of-way, between the side property lines or between the front and street-side property lines.
(5) LOT WIDTH. The average horizontal distance between the side lot lines.
MAJOR SUBDIVISION PLAT. The division of a tract of land into more than five lots or any division which requires the construction of or extension of public utilities and/or streets.
MINOR SUBDIVISION PLAT. The division of a tract of land into not more than five lots from the originally undivided tract as established at the time of subdivision regulation adoption (circa 1970), fronting on an existing public street, and does not require the construction of or extension of public utilities and/or streets. Lot line amendments and remnants of land surveyed for conveyance or record purposes are also considered as minor subdivision plats. Minor plats shall not alter any approved, yet incomplete, major subdivision plats.
MONUMENT. An object (concrete, iron pin or pipe) set in the ground to mark the boundaries of real estate or to mark a survey station. All monumentation must meet current Kentucky Board of Registration Standards of Practice for Professional Land Surveyors (SPPLS).
NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial.
PERFORMANCE CRITERIA. Regulation of development based on open space ratio, impervious surface ratio, density, and floor area ratio.
PERIMETER STREET. The side street abutting a corner lot from which the street-side yard is determined.
PLANNING COMMISSION. The Hopkins County Joint City-County Planning Commission.
PLANS. All drawings, including general plans, cross sections, profiles, working details, and specifications, which the subdivider prepares or has prepared to show the character, extent, and details of the proposed construction of the improvements required in these regulations.
PLAT. A map or drawing showing the lot and street arrangement or other features or details of the area being subdivided, prepared by a licensed professional land surveyor or prepared by a licensed professional engineer if road, utility, site plan, or drainage design is required in the division of property.
(1) PRELIMINARY PLAT. A tentative, and overall development, plat of a proposed subdivision in its entirety for presentation to the Planning Commission for its consideration. Plans for construction of improvements may be included at this stage.
(2) FINAL (RECORD) PLAT. The completed subdivision plat in form for approval and recording. Construction plans have been approved and the bond has been posted or improvements completed. Final plats may be developed in phases with Planning Commission approval.
RECORD FLOOD. The latest, identified flood of record.
REMNANTS. Any vacant remnants of land surveyed for conveyance or record purposes that do not meet the minimum lot requirements of the zoning district in which they are located or do not meet the minimum road frontage requirements shall be labeled "Not for conveyance or building development by itself, but for attachment to adjacent land in the same ownership."
RESUBDIVISION. Any change to an approved or recorded subdivision plat that affects any street layout, lot line, or area reserved for public use, or any further division of the originally divided tract.
RIGHT-OF-WAY. The land occupied or intended to be occupied by a public street or public road which usually includes sidewalk, drainage way, railroad, street pavement, and underground and aboveground utilities, or any other special use.
ROAD/STREET.
(1) Any vehicular way that:
(a) Is an existing federal, state, or local designated and maintained public roadway; or
(b) Is shown upon a record plat approved by the Hopkins County Joint Planning Commission pursuant to subdivision regulations and recorded in the Hopkins County Clerk's office.
(2) Road classification.
(a) PARKWAY. A system of major travel routes between and across urban areas, but not providing access to adjacent land, and intended to carry the highest traffic volumes and serve the longest trip lengths.
(b) PRINCIPAL ARTERIALS. A continuous route system between, across and within urban areas intended to carry high traffic volumes and serve longer trip lengths.
(c) MINOR ARTERIALS. Moderate volume streets that interconnect with and augment the principal arterial system and emphasize the movement of traffic.
(d) COLLECTORS. Urban streets which collect and distribute trips from arterials to the local street system, provide access to adjoining land, and penetrate neighborhoods and the urban core.
(e) LOCALS. Streets used primarily for access to abutting properties and not intended to carry through traffic.
(f) CUL-DE-SAC STREET. A local street with a turn-around and only one outlet.
SCREENING. A strip of densely planted, or natural growth, shrubs or trees at least three feet high at the time of planting and that will form a year-round dense screen of at least six feet in height; or an opaque wall or barrier or uniformly painted fence at least six feet high. SCREENING shall not be located within the right-of-way.
SETBACK. The distance between any building and the street line(s) and property lines. Determined by individual zoning districts.
(1) FRONT SETBACK. The distance between the building and frontage street line.
(2) STREET-SIDE SETBACK. The distance between the building and the perimeter street line and shall equal the front setback.
(3) SIDE SETBACK. The distance between the building and the interior property line perpendicular to the frontage street line.
(4) REAR SETBACK. The distance between the building and the interior property line parallel to the frontage street line and extending between the side yard(s) or side yard and street-side yard.
SUBDIVIDER, APPLICANT, DEVELOPER. Any individual, firm, association, syndicate, co-partnership, corporation, trust, or any other legal entity commencing proceedings under these regulations to effect a subdivision of land hereunder for him/herself or for another.
SUBDIVISION. The division of a parcel of land into two or more lots or parcels for the purpose, whether immediate or future, of sale, lease or building development; or if a new street, to provide the required road frontage, or public improvement/infrastructure is involved, any division of a parcel of land; provided that a division of land for agricultural use and not involving a new street shall not be deemed a subdivision. The term includes resubdivision of any tract or of the originally divided tract and, when appropriate to the context, shall relate to the process of subdivision or to the land subdivided.
SUBDIVISION IMPROVEMENT AGREEMENT. A contract entered into by the Planning Commission, the subdivider/applicant/developer, and the City of Madisonville wherein the applicant is bound to complete the required public improvements within the subdivision within a specified time period following final subdivision plat approval.
SURVEYOR. A licensed land surveyor licensed, by the Commonwealth of Kentucky, to practice land surveying.
TEMPORARY TURNAROUND. A temporary, gravel turnaround provided in place of a permanent, paved turnaround, for future extension.
VARIANCE. An action, requested by the developer, to vary from the adopted requirements of the subdivision regulations and may only be granted by the Planning Commission. A completed application for variance shall be submitted.
(Ord. passed 5-22-03)