§ 190.003 AREA OF JURISDICTION.

   The County Planning Commission, through this chapter, shall have jurisdiction and control over the subdivision of all land within the unincorporated area of the county.

(Ord. passed 11-27-2017)

DEFINITIONS

§ 190.015 PURPOSE.

   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)

§ 190.016 DEFINITIONS.

   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

§ 190.030 ADVISORY MEETING WITH PLANNING COMMISSION.

   (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)

§ 190.031 PRELIMINARY PLAT APPROVAL.

   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.

   (A)   Preliminary plat data. The preliminary plat shall meet the standard of design as set forth in §§ 190.045 through 190.054 and shall show the following information:

      (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)

§ 190.032 FINAL PLAT APPROVAL.

   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)

§ 190.033 VARIANCES.

   (A)   Exceptional conditions. The Planning Commission may grant a variance to this chapter where by reason of the unusual shape of a specific piece of property, or where by reason of exceptional topographical conditions, the strict application of this chapter would result in extreme practical difficulties and undue hardship upon the owner of such property; provided, however, that such relief may be granted without detriment to the public good and without substantially impairing the modifications, the Planning Commission may require such conditions as will substantially secure the objectives of the standards or requirements so varied or modified. Financial disadvantage to the property owner is not proof of hardship within the purpose of this chapter.

   (B)   Group housing, planned unit developments, office and business complex developments. Comprehensive group housing, office and business developments, together with necessary drives and ways of access, including drives and ways of access privately maintained but dedicated for public use may be approved by the Planning Commission although the design of the project does not include standard street, lot, and subdivision arrangements, provided that departure from the standards of this chapter can be made without destroying their intent. If the drives and ways of access are to be privately maintained, the plat of the subdivision shall specifically indicate that said drives and ways are dedicated for public use and that they will be developed and maintained at the expense of the owners; and that any owner of a lot in the subdivision shall have the right to enforce the development or maintenance of said drives and ways by proceeding in law or in equity against all other owners of lots in the subdivision.

   (C)   Procedural variance.

      (1)   Waiver of subdivision plats and surveys qualifying for a procedural variance. Where a proposed subdivision would contain no new streets and no more than five lots, the procedure of preparing a preliminary plat may be waived by the Planning Commission.

         (a)   Plats of property containing 100 acres or less shall be drawn to a scale of no less than one inch per 100 feet. Over 100 acres plats may be drawn to a scale of more than one inch per 100 feet to keep the drawing on the maximum sheet size of 24 inches by 36 inches provided clarity is not sacrificed. Multiple sheets may be used if deemed necessary to portray vital and accurate information clearly. Smaller parcels should be drawn to a maximum scale to accommodate the sheet size being used and half sized sheets of 18 inches by 24 inches may be used in these instances. Minimum size of script used on these plats shall be one-tenth of an inch in height for both upper and lower case letters and numerals.

         (b)   Name and street addresses of the owners/applicants, as available from the County Property Valuation Office, of the property to be subdivided, and legal source of title to the subject property shall be shown on the plat. Owners of record of all property abutting the subject sites and the legal source of title to those properties will be indicated on the plat. The name, address and phone number of the professional land surveyor responsible for the field survey and plat preparation shall be indicated on the plat.

         (c)   Date field survey made, date plat prepared, north arrow and basis of same and any bearings shown by the plat will be indicated on the face of the plat. Provide a brief statement on the face of the plat as to the intent of the drawing to identify the specific lines being created and/or abolished by the plat along with easements and other dedications that are being granted by the drawing.

         (d)   Area of each lot or parcel of land indicated by the plat shall be shown in square feet and the acreage equivalent, accurate to two decimal places, shall also be indicated.

         (e)   Boundary lines, lot parcel numbers or designations of the various properties shown on the plat, bearings and/or angular relationships, line lengths and curve data, if appropriate, shall be shown along with the distance from the subject property to the nearest existing intersecting street or roadway. Also, the distance and bearing or angle from one new division line and/or corner created by the plat to a boundary line corner of the parent property from which the tracts or lots are subdivided shall be indicated or shown.

         (f)   All existing or proposed easements crossing the subject property or properties shall be shown along with their locations, widths and distances, and the like, along with a notation for each easement indicating if the easement is being dedicated by the plat or is existing by prior dedication. If easements presently exist, note their source of dedication such as a prior plat or recorded legal document. If record source of easement or easements are not known or unobtainable, add a note to indicate such.

         (g)   Show all streets or roadways on or adjacent to subject tracts or lots along with their names, widths and any other pertinent information, dimensions and the like.

         (h)   Vicinity or key map at a scale not smaller than one inch per 2,000 feet with the scale of the map indicated with a north arrow and any major adjacent physical development and corporate boundary lines.

         (i)   All existing primary buildings, accessory buildings or structures and major improvements on the subdivided tracts or lots, including those that may be on the parent property if the buildings or improvements are in close proximity to the newly established boundary lines, shall be shown on the plat. Also, indicate the distance from these buildings, structures or improvements to the nearest relevant boundary lines.

         (j)   Present zoning designation of the subdivided property, the parent tract, in the case of residual acreage and all adjacent property shall be indicated on the plat. The minimum building setback line or minimum yard line dimensions for the subject property and its parent tract for the various uses indicated by the most current regulations of the County Zoning Ordinance shall also be shown and/or noted on the plat.

         (k)   Flood areas as indicated by flood boundary maps published by the Federal Emergency Management Agency (FEMA) with the flood classifications shown by those maps shall be shown on the plat.

         (l)   Notation that the subject properties are served by a public water supply system and/or a public sanitary sewer system if said properties are so served. If the properties are not served by such systems, notation relative to this fact shall be shown on the plat.

         (m)   Sites and their acreages, if any, to be reserved or dedicated for parks, playgrounds, schools, or other public uses shall be shown and noted on the plat. Sites, if any, reserved for semi-public, commercial, or multi-family uses should also be shown and noted on the plat.

         (n)   In the event it becomes necessary to close and vacate any public utility easement and/or private roadway easement, a professional land surveyor shall obtain the approval of all utility agencies and/or grantees of said easements, as the case may be, as will be indicated by an executed certificate on the plat signed by the utility company representatives and/or grantees of said easements.

         (o)   Proposed or existing property restrictions or covenants shall be shown on the plat or in a form suitable for recording in the County Clerk’s office. If restrictions or covenants other than those contained in the County Zoning Ordinance exist, the place of recording of those restrictions and covenants should be shown by the plat.

         (p)   Plats shall be submitted on sheet sizes no larger than 24 inches by 36 inches in size.

         (q)   In the case of any residual acreage of any parent tract of land after the proposed lots or tracts of land are deducted therefrom, the professional land surveyor shall show or indicate on the plat that the residual property will still be in compliance with the County Zoning Ordinance with respect to the remaining area and any other pertinent dimensions required as stated by said ordinance for the particular zoning category of the property. When the property to be subdivided contains three acres or less, the entire boundary line of the tract of land shall be surveyed, monumented, and shown on the plat even though all of the tract of land may not be the subject of the lot or lots and parcels being subdivided by the plat. In the event there are several separate tracts or parcels of land described within the deed or legal document to the property being subdivided, the professional land surveyor shall indicate which of the tract or tracts the subject property is being subdivided and that the residual acreage, if any, from said tract or tracts will still be in compliance with the aforesaid Zoning Ordinance with respect to area and any other pertinent dimensions stated by said Zoning Ordinance. Additionally, it is suggested that the professional land surveyor consult with his or her client’s legal representative or other entity to determine if the entire tract or parcel of land from which the subject property is being subdivided should be surveyed and plated in order to avoid a conflict with KRS Chapter 100.

         (r)   All plats shall meet or exceed the “Minimum Standards of Practice for Land Surveys in Kentucky” (latest revision) as indicated by 201 KAR 18:150 as mandated by the Board of Licensure for Professional Engineers and Land Surveyors. In the case of a conflict between this chapter for waiver of subdivision plats and any other ordinance, regulation or standard of practice, the most stringent provision relative to the particular conflict will control and prevail.

         (s)   All plats shall contain the necessary and pertinent certifications and certificates as outlined by the latest revision of the county subdivision regulations and the aforesaid “Minimum Standards of Practice for Land Surveys in Kentucky”.

         (t)   Show the location of buried septic facilities, if known and if not known as to location, place a note on plats that buried facilities do exist locations are unknown. If the buried facilities are known as to location and if it is appropriate, an easement for the facility should be shown and described on plats if the facilities are to be left in place and the facilities would affect title to newly subdivided lots.

         (u)   Two plat copies required for record in the County Court Clerk’s office shall be signed by the property owner and/or applicant prior to approval signatures by the Planning and Zoning Commission chair and County Judge/Executive’s execution. Exceptions to this requirement may be made on a case-by-case basis depending upon circumstances that have caused the property owner and/or applicant’s failure to sign the plat or plats. Copies of the plat submitted for consideration and approval may be filed without the property owner and/or applicant’s signature.

         (v)   Statement to be added on the face of the plat: “No revisions or modifications are to be made to plats signed by Chairman or Judge/Executive without approval from Chairman or Judge/Executive”.

         (w)   Sections 190.015, 190.016, 190.031(C)(1),(2), 190.033(A)-(C), 190.045, 190.046(D)(1), 190.048(A),(B),(C),(E), 190.049, 190.050, 190.052 - 190.054, 190.080(A) and 190.081 - 190.082 of this chapter shall also be applicable to the waiver of subdivision plats and surveys.

      (2)   Meeting all other regulations. The plat shall meet all other regulations if and when adopted. After the Planning Commission’s approval, the County Judge/Executive or designee shall approve the plat for recording in the office of the County Court Clerk.

   (D)   Public utilities variance. Variances in lot size and access easements for service roads may be granted when the subdivision or property is for the purpose of creating a lot or parcel of land to be owned or leased and maintained by a public utility to provide electric, water, sanitation, gas, telephone, cable television service, or telecommunications service to the general public, provided however, that no private sanitary disposal system (septic tank and field) shall be installed on any substandard lot (less than one acre in area). The Planning Commission may waive lot size when alternate methods of sanitary sewage are proposed.

(Ord. passed 11-27-2017)