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This chapter was prepared and adopted by the County Planning Commission pursuant to the authority of KRS Chapter 100. It shall be administered by the County Planning Commission. The County Planning Commission, established in accordance with KRS Chapter 100, has fulfilled the requirements set forth in the applicable sections of the state statutes as pre-requisite for the adoption of such chapter. The Planning Commission shall assume all powers and duties of a Board of Adjustment.
(KRS 100.202) (Ord. passed 11-27-2017)
DEFINITIONS
The purpose of this subchapter is to define certain words and phrases commonly used in subdivision development. The words and terms expressed in the present tense include the future tense. Singular words and phrases include the plural. The word “may’ is permissive, while “shall” and “will” are mandatory.
(Ord. passed 11-27-2017)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL USE. 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. (KRS 100.111-2)
COUNTY PLANNER. The Judge/Executive shall appoint administrative personnel to administer the provisions of this chapter.
DEVELOPER. An individual, partnership, corporation, or other legal entity or agent thereof, which undertakes the activities covered by this chapter. The term DEVELOPER includes subdivider, owner or builder.
HOUSING UNIT. A house, an apartment, a group of rooms or a single room occupied as separate living quarters. Separate living quarters are those:
(1) In which the occupants live and eat separately from other persons in the building; and
(2) Which have direct access from outside of the building or through a common hall.
(a) SINGLE-FAMILY HOUSES, DETACHED. Includes all detached single-family houses.
(b) SINGLE-FAMILY HOUSES, ATTACHED. Includes all attached single-family houses where:
1. Each unit is separated from adjoining units by a wall that extends from ground to roof;
2. No unit is above or below another unit;
3. Each unit has separate heating systems; and
4. Each unit has separate utility meters.
IMPROVEMENTS. Physical changes made to land, including structures placed on or under the land surface, in order to make the land more usable for man’s activities. Typical improvements include grading, street paving, curbs, gutters, drainage ditches, storm and sanitary sewers, utility lines of all types, street name signs and property number signs.
LOT. A portion of a subdivision plan or the basic unit thereof, intended for transfer of ownership or for building development.
STREETS. A way set aside for vehicular traffic, regardless of size or designation, but excluding private driveways serving only one parcel of land.
(1) ARTERIAL STREETS AND HIGHWAYS. Those designed or utilized primarily for high vehicular speeds or for heavy volumes of traffic.
(2) COLLECTOR STREETS. Those, which carry or will carry intermediate volumes of traffic from minor streets to arterial streets.
(3) MINOR STREETS. Those, which are used or will be used primarily for access to abutting properties and which carry or will carry limited volumes of traffic.
(a) MARGINAL ACCESS STREETS. Minor streets which are parallel and adjacent to arterial streets and highways, and which serve to reduce the number of access points to the arterial streets and thereby increase traffic safety.
(b) ALLEYS. Minor ways which are used primarily for vehicular service access to the backs or to the sides of properties which otherwise abut on streets.
STRUCTURE. Anything constructed or made, the use of which requires permanent location in or on the ground or attachment to something having a permanent location in or on the ground, including buildings and signs.
SUBDIVISION.
(1) The division of land into two or more lots or parcels for the purpose, whether immediate or future sale, lease of building, development, or if a new street is involved, any division of a parcel of land, providing that a division of land for agricultural use and not involving a new street shall not be deemed to be a subdivision.
(2) The term SUBDIVISION includes resubdivision and when appropriate to the context, shall relate to the process of subdivision or to the land subdivided; any division or redivision of land into parcels less than one acre occurring within 12 months following a division of the same land shall be deemed a subdivision.
TOWN HOUSE. A single-family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent building and/or buildings by party walls or are located immediately adjacent thereto with no visible separation between walls or roof; all of which dwellings may be located on individual and separate lots if individually owned, or upon a single lot if under common ownership. The construction of a town house structure across an existing lot line shall not be deemed to abrogate that line.
TOWN HOUSE STRUCTURE. A building consisting of two or more non-communicating attached one-family units placed side by side, having a common wall between each adjacent dwelling unit.
(Ord. passed 11-27-2017)
ADMINISTRATIVE PROCEDURES
(A) Before preparing a preliminary plat and submitting it to the Planning Commission for approval, the subdivider should meet and consult informally with the Planning Commission or the County Planner for the purpose of ascertaining the locations of proposed major streets, parks, playgrounds, school sites and other planned projects which may affect the property being considered for subdivision.
(B) At this meeting, the subdivider should review with the Planning Commission or County Planner, the minimum standard of subdivision design set forth in §§ 190.045 through 190.054. This informal review should prevent unnecessary and costly revisions in the layout and development of the subdivision.
(C) Formal application or filing of a plat with the Planning Commission or the County Planner is not required for this informal advisory meeting.
(Ord. passed 11-27-2017)
After meeting informally with the Planning Commission or the County Planner, the subdivider shall prepare a preliminary plat prior to the making of any street improvements or the installation of any utilities.
(1) Scale of 100 feet to one inch or larger;
(2) Name of subdivision, names and addresses of the owners, the land surveyor, source of title, and the owners of adjacent property;
(3) Date, approximate north point and graphic scale;
(4) Total acreage of land to be subdivided;
(5) Boundary lines of area to be subdivided and their bearings and distances and locations to nearest existing intersecting street;
(6) Existing and proposed easements and their locations, widths and distances;
(7) Streets on and adjacent to the tracts and their names, widths, and other dimensions may be required;
(8) Utilities on and adjacent to the tract showing proposed connections to existing utility systems. Rear easements for utility poles and wires shall be required wherever possible;
(9) A vicinity or key map, scale not smaller than 1" = 2000' showing physical development, corporate lines and any other adjacent public or private uses such as buildings or structures with distances to perimeter of lot line of plat;
(10) Purpose and intent of the subdivision such as for residential, commercial and industrial purposes;
(11) Contours at an interval of not greater than five feet. USGS quadrangles may be used as a base;
(12) Flood areas as determined by Federal Emergency Management Act (FEMA) and classification, as per FEMA codes;
(13) Location, size, direction of flow of storm and sanitary drainage structures, and systems;
(14) Location and size of water lines;
(15) Lot lines and lot numbers;
(16) Sites and their acreages, if any, to be reserved or dedicated for parks, playgrounds, schools, or other public uses. Sites, if any, for semi-public, commercial or multi-family uses;
(17) Minimum building setback lines;
(18) Copies of proposed deed restrictions, if any, shall be attached to the preliminary plat;
(19) Profiles of proposed grade lines of all streets and improvements, if required by the Commission; and
(20) Plats shall be submitted no larger than 24 inches by 36 inches in size;
(B) Procedure.
(1) Two copies of the preliminary plat and supplementary materials specified shall be submitted with an application for preparatory review by the County Planner by 3:00 p.m. Wednesday two weeks prior to the scheduled Planning Commission meeting. Any submittal after this time will require a late fee to be included on the agenda. Plats will be available by 12:00 p.m. the following Friday. Any submittal that requires a public hearing must be turned in three weeks prior to the scheduled meeting. Preliminary plats may be submitted electronically for an additional $10 charge.
(2) Ten copies of the corrected preliminary plan and supplementary materials specified shall be submitted for conditional approval to the County Planner by 3:00 p.m. Wednesday one week prior to the scheduled Planning Commission meeting. Any submittal after this time will require a late fee to be included on the agenda.
(3) The County Planner shall notify the subdivider of the time and place of the Planning Commission meeting not less than seven days before the date fixed for the meeting. Similar notice shall be given to the owner of the land immediately adjoining the area proposed to be platted as shown on the proposed subdivision.
(4) The Planning Commission shall approve, disapprove or approve subject to modification. 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 returned to the subdivider and the other retained by the Planning Commission.
(5) Approval of the preliminary plat shall not constitute acceptance of the final plat. The approval of the preliminary plat shall lapse unless a final plat based thereon is submitted within 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. Whenever a part of a tract is proposed to be subdivided and it is intended that additional parts of the tract be subdivided in the future, a sketch 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.
(Ord. passed 11-27-2017; Ord. 2019-08, passed 8-16-2019)
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) The plat shall be at a scale of 100 feet to one inch or larger;
(2) Date, title, name and location of subdivision, graphic scale, and true north line;
(3) All dimensions, angles, bearings, and similar data on the plat shall be tied to primary control points. Locations and descriptions of said control points shall be given;
(4) 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 or deflection angles, radii, arcs and central angles of all curves with dimensions to the nearest minute. The subdivision shall be tied to the center line of the nearest street intersection, monument or permanent physical boundary;
(5) Name and right-of-way width of each street, easement or other right-of-way;
(6) Lot numbers, lot lines and lot areas;
(7) Purpose for which sites, other than residential lots, are dedicated or reserved;
(8) Minimum structure setback lines;
(9) Location and description of existing and set monuments;
(10) Names and locations of adjoining subdivisions and streets, the location of adjoining unplatted properties, and the names and addresses of the owners of adjoining unplatted properties;
(11) Notarized on plat of title showing that the applicant(s) are all the property owner(s) and a statement by such owner(s) dedicating streets, easements, rights-of-way and any other sites for public use (see Form 1 in Appendix I);
(12) Certification on plat by land surveyor as to the accuracy of survey and plat (see Form 2 in Appendix I);
(13) Certification by the Planning Commission when individual sewage disposal or water systems are to be installed (see Form 1 in Appendix I);
(14) Certification that the developer has complied with one of the following requirements:
(a) Developers funded by financial institutions shall be required to execute the following documents in the precise form authorized by the County Planning Commission and the County Fiscal Court:
1. The county subdivision public improvements completion agreement (see Appendix A);
2. The county subdivision letter of credit agreement; or
3. The county irrevocable stand-by letter of credit.
(b) Developers that elect to use their own self-provided funding and not relying on funding of a financial institution shall be required to execute the following documents in the precise form authorized by the County Planning and the County Fiscal Court:
1. The county subdivision public improvements completion agreement (see Appendix A);
2. The county application for self-funded bond guarantee (see Appendix D); or
3. The county self-funded bond guarantee (see Appendix E).
(B) Procedure. Submission of a final plat shall follow the same procedure as for a preliminary plat:
(1) Two copies for preparatory review by the County Planner submitted with an application for preparatory review by the County Planner by 3:00 p.m., Wednesday, two weeks prior to the scheduled Planning Commission Meeting. Any submittal after this time will require a late fee to be included on the agenda. Plats will be available by noon the following Friday;
(2) Ten copies of corrected plat and supplementary materials specified shall be submitted for conditional approval to the County Planner by 3:00 p.m., Wednesday, one week prior to the scheduled Planning Commission meeting. Any submittal after this time will require a late fee to be included on the agenda;
(3) Approval by the Planning Commission shall not constitute acceptance by the public of the dedication of any street, public way or ground; and
(4) When the final plat has been approved by the County Fiscal Court and certified thereon, one copy shall be returned to the subdivider for filing with the County Clerk as an official plat of record.
(C) Required improvements prerequisite to final approval. A perfectly prepared and recorded subdivision or plat means little to a prospective lot purchaser until he or she can see actual physical transformation of raw acreage into lots suitable for building purposes and human habitation. Improvements by the subdivider spare the community a potential tax liability. The following tangible improvements are required to be installed by the developer before final plat approval in order to assure the physical reality of a subdivision which approval and recording will establish legally.
(1) Monuments; type.
(a) Concrete monuments at least 36 inches in length and four inches in diameter or four inches square with a copper dowel or center marked shall be set at all corners on the plat.
(b) Iron pin or wrought or galvanized iron pipe monuments not less than three-fourths inch in diameter and not less than 24 inches in length shall be set at all lot corners not marked by concrete monuments.
(2) Concrete monuments; location.
1. Monuments shall be placed so that the scored or marked point shall coincide exactly with the intersection of the lot or property line at that point and shall be set so that the top of the monument is level with the surface of the surrounding ground;
2. At the intersection of all angles in the boundary line of the survey;
3. At the intersection of street property lines;
4. At the beginning and ending of all curves where streets and alleys are so surveyed; and
5. At all angles in property lines of street and alleys.
(3) Streets.
(a) Grading specifications. All streets, roads, and alleys shall be graded and prepared according to applicable county and state regulations to their full widths by the subdivider so that pavements and sidewalks can be constructed on the same level plane. Deviation from this standard due to special topographical conditions will be allowed only with the special approval of the Planning Commission. Center line grades shall be established and staked by the subdivider.
(b) Minimum pavement widths. Pavement widths shall be measured between curbs and minimum pavement widths to be provided are:
Collector | 22 feet |
Minor streets | 20 feet |
Marginal access streets | 20 feet |
Alleys, industrial and commercial | 18 feet |
(c) Construction of streets. The subdivider shall provide streets which shall be designed to carry the expected traffic loads and which shall conform with the standards established by the County Fiscal Court as set up by the Planning Commission.
(d) Curbs and gutters.
1. The subdivider shall provide curbs and gutters. Curbs shall not be less than six inches in height and shall be constructed of Portland cement concrete or bituminous concrete. Back-fill shall be higher than the curb and shall slope toward the curb in order to insure that surface water drains into the storm system.
2. The Planning Commission may waive the requirements for curbs and gutters if they are not deemed necessary for the proper drainage of storm water or in cases where all lots have a width of 100 feet or more.
(e) Sidewalks.
1. For the safety of pedestrians in residential and commercial subdivisions, the subdivider shall build Portland cement concrete sidewalks on both sides of the street to meet the following specifications:
a. Single-family or duplex housing development: four feet wide and four inches thick;
b. Multi-family or group housing development: five feet wide and four inches thick; and
c. Commercial development: 12 feet wide and four inches thick.
2. The Commission may waive construction of sidewalks.
(4) Utilities and drainage facilities.
(a) General requirements for installation of utilities. Utilities shall be provided in rear lot easements wherever possible. When it is necessary to install utilities in street rights-of-way, the following requirements shall apply: after grading is completed and approved and before any pavement base is applied, all of the in-street underground work, water mains, gas mains, and the like, and all service connections, shall be completely installed and approved throughout the length of the street and across the flat section. Where the utility mains are outside the pavement area, the subdivider may be allowed to omit the installation of service connections provided that at such time as these connections are needed, they may be jacked across the street without breaking or weakening the existing pavement. Where the rock is known to exist beneath the pavement area and at such depth as to interfere with the jacking of service connections, the Planning Commission shall require the complete installation of service connections before any base is applied. In cases where underground utilities must be provided within the right-of-way of streets, they shall not be installed under the paved portions of such streets.
(b) Water supply system. Where, in the opinion of the Planning Commission, the public water supply is reasonably accessible or available to the proposed subdivision, the subdivider shall construct a complete water distribution system which shall adequately serve all lots and which shall include appropriately spaced fire hydrants, and this system shall be properly connected with the public water supply. Where a public water supply is not within a reasonable distance or otherwise available, the subdivider shall normally be required to construct a similar water distribution system and connect it with an alternate supply approved by the Planning Commission.
(c) Sanitary sewers. Where, in the opinion on the Planning Commission, the public sanitary sewer system is reasonably accessible or available to the proposed subdivision, the subdivider shall construct a subdivision sewer system to adequately serve all lots and connect the subdivision system to the public system after the county or other appropriate sewer agency official has approved the size of the lines. Where lots cannot be served by the extension of an existing public sanitary sewer, the subdivider shall obtain approval of lot sizes for individual septic tanks and disposal fields from the Planning Commission.
(5) Street name signs. The Planning Commission shall require the installation of durable street name signs at all intersections. Streets signs shall meet all MUTCD manual requirements.
(a) Lettering shall be at least four inches high;
(b) Sign shall be reflectorize or illuminated;
(c) Letters shall be white with a green background; and
(d) In residential areas, at least two street name sign posts with double mount shall be mounted at each intersection. All street signage must be approved by the County Road Supervisor.
(6) Completion of improvements prior to approval of the final plat. No final subdivision plat shall be approved by the Planning Commission or accepted for record by the County Clerk until the required improvements listed above are constructed in a satisfactory manner and approved by the appropriate official. In lieu of such prior construction, the Fiscal Court may accept a security bond, or certified check, or irrevocable letter of credit to the county in an amount equal to the estimated cost of installation of the required improvements whereby the improvements may be made and utilities installed without cost to the county in the event of default on the part of the subdivider. The bond or check shall be subject to the conditions that the improvements will be completed within two years after approval of the final subdivision plat.
(Ord. passed 11-27-2017; Ord. 2019-08, passed 8-16-2019; Ord. 2023-05, passed 3-27-2023)
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