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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)
GENERAL REQUIREMENTS AND MINIMUM STANDARDS OF DESIGN
§ 190.045 SUITABILITY OF LAND FOR SUBDIVISION DEVELOPMENT.
   (A)   Land proposed to be subdivided is unsuitable for subdivision development. If the Planning Commission finds that land proposed to be subdivided is unsuitable for subdivision development due to flooding, bad drainage, steep slopes, rock formation, 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 development of the land.
   (B)   Scattered or premature subdivision of land. 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.
(Ord. passed 11-27-2017)
§ 190.046 STREETS.
   (A)   Conformity to the major street (thoroughfare plan). The widths and locations of all streets in a proposed subdivision will conform to the county major street plan.
   (B)   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.
      (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 this chapter for a street in its category.
   (C)   Dedication of right-of-way for new streets.
      (1)   The dedication of right-of-way for new streets measured from lot line to lot line shall be as shown on the county major street plan, or of not shown thereon, shall meet the following standards:
 
Street Type
Minimum Dedicated Right-of-Way Width
Arterial streets
60 feet*
Collector streets
60 feet
Minor streets
50 feet
Marginal access streets
30 feet
Alleys
30 feet
The county major street plan may indicate greater right-of-way widths for certain arterial streets, but in no case shall the subdivider be required to dedicate a right-of-way width of more than 60 feet for any one street
 
      (2)   All points of access shall be as approved by the Planning Commission. Marginal access streets may be required by the Planning Commission for subdivisions fronting on arterial streets.
      (3)   The Planning Commission may waive rights-of-way requirements for cul-de-sacs or other non-thru roadways.
      (4)   Through proposed business areas, street widths shall be increased ten feet on each side if needed to provide parking without interfering with normal traffic movement.
      (5)   In cases where topography or other physical conditions make a street of the required minimum width impractical the Planning Commission may modify these requirements.
   (D)   Dedication of right-of-way for existing streets. Subdivisions platted along existing streets shall dedicate additional right-of-way if necessary to meet the minimum street width requirements set forth in division (C) of this section.
      (1)   The entire minimum right-of-way width shall be dedicated where the subdivision is on both sides of an existing street. When the subdivision is located on only one side of an existing street, one-half of the right-of-way width, measured from the center line of the existing roadway, shall be dedicated.
      (2)   Dedication of one-half of the right-of-way for proposed streets along the boundaries of land proposed for subdivisions shall be prohibited.
   (E)   Intersections. 
      (1)   Streets shall intersect as nearly as possible at right angles.
      (2)   Street curb intersections shall be rounded by radii of at least 20 feet. When the smallest angle of street intersection is less than 60 degrees, the Planning Commission shall require curb radii of greater length.
      (3)   No lot or other parcel of land which abuts on and has access to either a collector or minor street shall have a service drive, curb cut, or other means of access to an arterial street within 75 feet of the right-of-way of any street which intersects such arterial street on the side on which such lot or parcel is located. These 75 feet requirements can be reduced to 50 feet on collector streets and 25 feet on minor streets.
   (F)   Curves in streets; horizontal and vertical.
      (1)   A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
      (2)   Where there is a deflection angle of more than ten degrees in the alignment of a street, a curve with a radius adequate to insure safe sight distance shall be made. The minimum radii shall be:
 
Street Type
Minimum Curve Radius
Arterial
300 feet
Collector
300 feet
Minor
100 feet
 
      (3)   All changes in grade for streets shall be connected by a vertical curve of a minimum length necessary to provide adequate sight distance and other safety factors.
      (4)   To calculate the minimum length for the curve connecting changes in grade:
         (a)   Calculate the algebraic difference in grades; and
         (b)   Multiply by the appropriate value.
 
Values for crest curve
Collector streets
50
 
Minor Streets
28
Values for sag curve
Collector Streets
50
 
Minor Streets
35
 
   (G)   Street grades and elevations.
      (1)   Street grades shall conform to the following:
 
Street Type
Percent Grade
Allowable Maximum
Desirable Maximum
Arterial
5%
4%
Collector
7%
5%
Minor
12%
8%
 
      (2)   All streets shall be designed so as to provide for the discharge of surface water from the pavement and from the right-of-way by grading and drainage. For adequate drainage, the minimum street grade shall not be less than .5%. Minimal grade of ditches shall be .5% and minimum grade of curbs and gutters shall be one-third of 1%.
      (3)   The Planning Commission shall not approve streets which will be subject to inundation or flooding. All streets must be located at elevations which will make them flood-free in order that portions of the subdivision will not be isolated by floods. Where flood conditions exist, the Planning Commission shall require profiles and elevations of streets in order to determine the advisability of permitting the proposed subdivision activity.
      (4)   Fill may be used in area subject to flooding in order to provide flood-free streets if such fill does not unduly increase flood heights. Drainage openings shall be designed so as not to restrict the flow of water and thereby unduly increase flood heights.
   (H)   Marginal access streets. Where the proposed subdivision abuts upon or contains an existing or proposed arterial street or highway on which traffic volumes and vehicular speeds warrant special safety considerations, the Planning Commission may require that marginal access streets be provided in order that no lots will front on such existing or proposed arterial street or highway.
   (I)   Street jogs. Street jogs with center line offsets of less than 125 feet shall not be made.
   (J)   Dead-end streets (cul-de-sacs). Minor terminal or dead-end streets or courts which are designed so as to have one end permanently closed shall not be longer than 500 feet and shall be provided at the closed end with a turn-around having a radius at the outside of the right-of-way of a least 50 feet. The paved area of the cul-de-sac shall have a minimum radius of no less than 35 feet.
   (K)   Street names. 
      (1)   Proposed streets which are obviously in alignment with other already existing and named streets shall bear the names of such existing streets.
      (2)   The name of a proposed street, which is not in alignment with an existing street shall not duplicate the name of any existing street within the county, regardless of the use of the suffix or prefix street, avenue, boulevard, drive, place, court, lane, road, pike, highway, parkway or similar suffix or prefix.
      (3)   Before final plat approval, the names of streets shall be approved by the County Planning Commission.
   (L)   Private streets and reserve strips.
      (1)   There shall be no private streets platted within a subdivision, except as stated in § 190.033(B).
      (2)   There shall be no reserve strips in a subdivision except where their control is vested in the county, maintained by the developer or a neighborhood corporation and under conditions approved by the Planning Commission and as authorized in this chapter.
   (M)   Alleys. Alleys shall be provided to give access to the rear of all lots used for business and industrial purposes. Alleys shall not be provided in residential blocks except in cases where the subdivider produces evidence of the need for alleys which is satisfactory to the Planning Commission.
   (N)   Road specifications. County road specifications approved by the Fiscal Court are available from the County Road Engineer’s Office.
(Ord. passed 11-27-2017; Ord. 2019-08, passed 8-16-2019) Penalty, see § 190.999
§ 190.047 BLOCKS.
   (A)   Length. Block lengths shall not exceed 1,200 feet or be less than 400 feet, except as the Planning Commission considers necessary to secure efficient use of land or desired features of street layout.
   (B)   Width. Blocks shall be wide enough to allow two tiers of lots of minimum depth. However, where this would require lots to front on an arterial street or highway or where topographical conditions or the size of the property prevent two tiers of lots, the Planning Commission may approve a single tier of lots of minimum depth.
(Ord. passed 11-27-2017) Penalty, see § 190.999
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