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LEITCHFIELD, KENTUCKY
SUBDIVISION REGULATIONS
Prepared For
CITY OF LEITCHFIELD PLANNING
COMMISSION
SEPTEMBER 1, 2000
By
Lincoln Trail Area Development District
Elizabethtown, Kentucky
The preparation of this
document was financed with Federal, State, and local funds under a Joint
Funding Administration Program approved by the Southeastern Federal Regional
Council.
The Lincoln Trail Area Development District does not discriminate on the
basis of race, color, national origin, sex, age, religion, or disability,
and provides, upon request, reasonable accommodation including auxiliary
aids and services necessary to afford and individual with a disability an
equal opportunity to participate in all services, programs and activities of
the agency.
Revised 11/13/00
SECTION I
INTRODUCTION
1.1 Title
This regulation shall be known as and cited as the SUBDIVISION
REGULATIONS FOR LEITCHFIELD, KENTUCKY.
1.2 Purpose
The purpose of these regulations is to establish
rules and standards to guide land subdivision within the City of Leitchfield
in order to promote the public health, safety, convenience and general
welfare of the citizenry.
1.3
Authority
Pursuant to the authority granted to cities and
counties by the Kentucky Revised Statutes (KRS) 100.273 to 100.291 and
100.334 and upon adoption of these regulations, the City of Leitchfield
Planning Commission does hereby exercise the power and authority to review,
approve and disapprove plats for the subdivision of land.
1.4
Jurisdiction
The Leitchfield Planning Commission, through
these standards, shall have jurisdiction and control over the subdivisions
of all land within the corporate boundaries of the City of Leitchfield.
1.5
Severability Clause
If any word or words, phrase or phrases,
sentence or sentences and/or paragraph or paragraphs of this regulation
should be declared unconstitutional, it shall not invalidate any other
portion of the regulation
SECTION II
DEFINITIONS
Terms used herein that
are defined in the "Zoning Ordinance for Leitchfield, Kentucky" are deemed
to be given the same meaning as that contained in the "Zoning Ordinance" and
such definitions are incorporated herein by reference. Terms not defined in
this regulation or in the "Zoning Ordinance" are to be defined and used as
they would be used in normal conversation.
For the purpose of these regulations, certain words, terms and phrases are
to be used and interpreted as defined herein.
Block: a unit of property entirely surrounded by public highways,
streets, railroad rights-of-way, waterways, public parks, cemeteries
corporate boundary lines or other barriers (except alleys or crosswalks) or
any combination thereof
County Clerk: the County Clerk of Grayson County.
Cul-de-sac: a short, local street having one end open to traffic and
the other end permanently terminated by a vehicular turnaround.
Design: the arrangement of land for lots, rights-of-way, easements,
setback lines and improvements to include alignment, grade, length and width
of these elements.
Drainage Right-of-Way: the land required for the installation of
storm water sewers or drainage ditches providing for the flow of water
within a natural stream or from surface runoff to safeguard the public
against flood damage.
Easement: a grant by the property owner of the use of a strip of
land for a specific purpose by the general public or utility companies.
Flood-Hazard Area: all land subject to periodic inundation by the
overflow of natural waterways.
Health Department: the commonwealth of Kentucky or Grayson County
Health Department.
Improvements: the totality of grading, crosswalks, culverts,
bridges, sanitary or storm sewers, water mains, street pavements, curbs and
gutters, pedestrian ways, or all other appropriate improvements required to
render land use suitable for the proposed use.
Legislative Body: the chief body of the City, (Leitchfield City
Council).
Lot: a parcel of land devoted to a common use or occupied by a
single principal building and its accessory structures having its principal
frontage upon a street or road.
Lot Depth: the horizontal distance between front and rear lot lines
measured along the median between the two (2) side lot lines.
Lot Width: the horizontal distance between the side lot lines
measured at right angles to the lot depth at a point midway between the
front and rear lot lines.
Monument: an object (concrete, iron pin or pipe) set in the ground
to mark the boundaries of real estate or to mark a survey station.
Plat: the map of a subdivision.
Plat, Preliminary: a map or plan of a proposed land subdivision
containing the information and materials specified in Section V.
Plat, Final: the record plat of a subdivision prepared by a
registered land surveyor in accordance with the requirements of Section V.
Right-of-Way: the land opened or dedicated for a street, road,
sidewalk, drainage way, railroad or other public purpose (refer to section
6.4)
Public Street: Streets which are dedicated to the public use and
which are maintained by a public governmental body.
Private Street: A dead-end passway providing access to
no more than three (3) agricultural lots, which are developed under the
provisions of Section 6.4.I. of these regulations. Private Streets will be
exempt from City Road Specifications until such time as there is proposed
the fourth or more agricultural lots, platted or unplatted; or a deviation
from the agricultural uses stipulated herein.
Arterial Street: Streets serving the major traffic movements
entering, leaving or moving within an area. The principal function is to
move traffic and, in cases of high traffic volumes, requires limited access
or controlled points of access. Access to property is of secondary
importance. These streets are normally characterized by traffic controls
and parking restrictions. Arterial streets are further divided into two (2)
classes, "principal" and "minor". Principal arterial streets carry the
major portion of trips entering and leaving the urban areas, as well as the
majority of through movements through or around the urban area. Minor
arterial streets interconnect with and augment the principal arterial
streets and provide service for trips of moderate length at a somewhat lower
level of average daily traffic (ADT).
Collector Street: streets, which provide for traffic movement
between arterials and local streets and direct access to abutting
properties.
Local Street: a street designed to provide vehicle access to
abutting properties and designed to discourage through traffic. Continuous,
cul-de-sac, dead end, loop, and service (also called access) streets and
alleys are classified as a local streets.
Continuing Street: Local streets having two open ends; each and
generally connected with different streets; one or more other streets may
intersect it between its two open ends; and property fronting on both sides
of the street.
Cul-de-sac Street: A street with a single common ingress and egress
and with a turnaround at the end.
Dead End Street: A street with a single common ingress and egress
without a turnaround at the end. Dead end streets are not permitted as a
street in any provision of the subdivision regulations. Stub streets with
temporary turnarounds, planned for future continuation, are not considered
to be dead end streets.
Loop Street: A local street that has its only ingress and egress at
two points on the same collector street.
Service or Access Street: A street running parallel to an arterial
or collector street and serving abutting properties.
Private Street: a dead-end passway providing access to no more than
three (3) agricultural lots only. (Will be exempt from City
Roads Specifications until such time as there exist four or more
agricultural lots, platted or unplatted; or a deviation from the
agricultural uses stipulated herein.)
Subdivider: a person, firm, corporation, partnership, association,
estate or any other group or combination acting as a unit for the purpose of
subdividing or re-subdividing a lot, tract or parcel of land into three (3)
or more lots for the purpose of transfer of ownership or development.
Subdivision: the division of a parcel of land into three (3) or more
lots or parcels except in a county containing a city of the first, second or
third class or in an urban county government where a subdivision means the
division of a parcel of land into two or more lots or parcels; for the
purpose, whether immediate or future, of sale, lease or building
development, or if a new street is involved, any division of a parcel of
land: providing that a division of land for agricultural purposes into lots
or parcels of fifteen (15) acres, or more and not involving a new street
shall not be deemed a subdivision. The term includes re-subdivision 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
of less than one acre occurring within twelve (12) months following a
division of the same land shall be deemed a subdivision within the meaning
of this act.
Subdivision (minor): the division of land into not more than two (2)
lots for residential purposes and:
a. does not include any new street,
easements, rights-of-way, rights of ingress or egress (except an approved
sewer and water system);
b. does not include a provision for
a public area or public facility;
c. conforms to the setback line
requirements and other requirements of the applicable zoning district and
d. conveys the right-of-way
necessary for road widening and maintenance of city roads, where the
granting of such right-of-way can be given without undue hardship.
SECTION III
GENERAL REQUIREMENTS
3.1
Subdivision of Land
No person or his agent shall subdivide any land
before securing the approval of the Commission of the plat designating the
areas to be subdivided.
3.2
Recording of Plats
No plat of a subdivision of land within the
jurisdiction of this regulation shall be recorded by the Grayson County
Clerk until the plat has been approved by the Commission and the approval
entered thereon in writing by the Chairman, Secretary or other duly
authorized officer of the Commission.
3.3 Sale
Prior to Approval of Final Plat
No person owning land composing a subdivision,
or his agent, shall transfer, sell or agree to sell any lot or parcel of
land located within a subdivision by reference to, or by exhibition, or by
any other use of a plat of such subdivision before such plat has received
final approval of the Commission and has been recorded. Any such instrument
of transfer sale or contract shall be voidable and shall not be subject to
be recorded, but all rights of such purchaser to damages are hereby
preserved. The description of such lot or parcel by metes and bounds in any
contract or instrument of transfer or other document used in the process of
selling or transferring same shall not exempt the person attempting to
transfer from penalties provided or deprive the purchaser of any rights or
remedies he may otherwise have.
3.4
Injunction
The Commission shall have the power to apply for
an injunction against any type of subdivision construction by a subdivider
or a landowner in violation of the provisions of this regulation.
3.5
Improvements
No improvements, such as sidewalks, water supply
system, storm water drainage, sewerage lines and treatment facilities, gas
service, electric service or street lighting, or grading, paving, or
surfacing of any street shall be made within any such subdivision by any
owner or owners or his or their agent, or by any public service corporation
at the request of said owner or owners or by his or their agent until the
plats for the subdivision and the plans for the improvements have been
properly reviewed and approved by the Commission.
3.6
Development in Phases
Where a tract of land is proposed to be
subdivided in several stages over a period of years and the subdivider
requests approval in parts, he shall, at the time of submission of the first
part, submit a detailed plan of the entire tract to be eventually developed,
with appropriate sectioning to demonstrate to the Commission that the total
design as proposed for the entire subdivision is feasible. The Commission
shall give preliminary approval or disapproval to the overall plan and final
approval or disapproval on the parts as submitted from time to time. In the
event of disapproval of the overall plan or any part or parts thereof, the
action shall be written upon the record of the Commission stating the
specific regulation or regulations of nonconformance.
SECTION IV
PROCEDURES
4.1 Minor
Subdivisions
A. All subdivision of land shall be
subject to the preliminary and final plat requirements presented herein
except where a subdivision is deemed a minor subdivision, or with the
exception of the first and only division of a tract that existed prior to
effective date (recorded in the Grayson County Clerk's Office prior to that
date), and that the division does not require the construction of a road or
street, per the definitions (such an exception must follow the final plat
approval procedure). Such a division must meet current subdivision
regulations.
B. Upon request by the subdivider, a
subdivision may be classified as a minor subdivision by the Commission as
defined in Section II.
C. Upon meeting the requirements
established in Section II and 4.1 B, the subdivider may follow the final
plat procedure presented in 4.3.
D. The owner or subdivider of land
that has been subject of at least two (2) minor subdivisions shall be
required hereafter to comply with the provisions pertaining to preliminary
and final plats.
4.2 Preliminary Plat
A. The subdivider should meet and
consult informally with the administrative official or planning director
prior to the preparation of a preliminary plat for familiarization with
these regulations and to ascertain the location of proposed major streets,
water and sewer systems and other pertinent public facilities.
B. The preliminary plat shall be prepared
by a registered land surveyor in accordance with the format design and
improvement requirements of these regulations. All required engineering
data shall be prepared by a registered professional engineer. Utility
companies and other concerned city and county agencies shall be consulted
prior to the preparation of the preliminary plat.
C. Five (5) copies of the preliminary
plat and supplementary materials specified in Section V shall be submitted
to the Commission with a written application (secured from the
Administrative Official) and fees a minimum of ten (10) working days prior
to the meeting at which the preliminary plat is to receive consideration.
D.>
The Commission shall review the
preliminaryplat and supplementary materials for conformity with these
regulations and within forty-five (45) days approve, approve with conditions
or disapprove said plat. Failure of the Commission to act on the
preliminary plat within forty-five (45) days shall constitute approval.
E. The
action of the Commission regarding the preliminary plat shall be recorded in
the minutes of the meeting.
4.3 Final Plat
A. The final plat shall be prepared by a
registered land surveyor and all required engineering data shall be prepared
by a registered professional engineer in accordance with these regulations
subject to all conditions placed upon the preliminary plat by the
Commission.
B. Five (5) copies of the final plat,
supplementary materials specified in Section V, and a fee sufficient to
record the final plat, shall be submitted to the administrative official or
planning director a minimum of ten (20) working days prior to the meeting at
which the final plat is to receive consideration.
C. The administrative official or
planning director shall review the final plat and supplementary materials
for conformity with these regulations and and the conditions for approval
placed on the preliminary plat by the Commission. The administrative
official shall approve the final plat only if the subdivider has met all of
the regulations pertaining to the final plats and all the conditions for
approval placed on the preliminary plat by the Commission.
D. The action of the Commission regarding
the final plat shall be recorded in the minutes of the meeting and for final
plats receiving approval; the appropriate signatures shall be affixed to
three (3) copies of the final plat. One (1) signed copy of the final plat
shall be retained by the commission, one (1) signed copy shall be returned
to the subdivider and one (1) signed copy shall be forwarded to the
appropriate legislative body.
E. The administrative official shall
notify the subdivider in writing, of the decision to approve or deny the
final plat. If the decision is denial of the final plat, the administrative
official shall set out the reasons for denial in the notice to the
subdivider and reimburse the subdivider of the recording fee.
F. The subdivider may appeal in writing
to the Commission, the decision of disapproval by the administrative
official. The appeal shall state the reasons for the appeal and the reasons
why the Commission should reverse the decision of the Administrative
Official and grant approval of the final plat. The appeal, with a fee
sufficient to record the final plat, shall be submitted ten (10) days prior
to the Commission meeting at which the appeal of the denial of final plat is
to receive consideration.
G. The action of the administrative
official regarding the final plat shall be reported to the Commission at its
next meeting and shall be recorded in the minutes of the meeting. When the
final plat is approved, the appropriate signatures shall be affixed to three
(3) copies of the final plat. One (1) signed copy of the final plat shall be
retained by the Commission, one (1) signed copy shall be retained to the
subdivider and one (1) signed copy shall be forwarded to the appropriate
legislative body.
H. One copy of the final plat shall be
filed for recording by the administrative official in the Office of the
County Clerk within ten (10) days after approval of said final plat by the
Commission.
I. Acceptance by the applicable
legislative body is evidenced by the signature of their designated
representative on the Final Plat.
SECTION V
PLAT FORMAT AND CONTENT
5.1
Preliminary Plat
A. Format and Identification
1.
The preliminary plat shall be
prepared at the scale of one (1) inch equals one hundred (100) feet or less
on durable paper or mylar in a clear and legible manner.
2.
A vicinity map, at an approximate
scale of one (1) inch equals one thousand (1,000) feet, indicating the
general location of the subdivision shall be placed in the upper right or
left corner of the sheet.
3.
The title block shall be placed at
the bottom of the sheet and shall contain the following information:
a. The name of the proposed
subdivision which shall not duplicate or approximate the name of any other
subdivision within the City of Leitchfield.
b. The name and address of
the owner of the land to be subdivided and the name and address of the
subdivider if other than the owner.
c. The name, address and number of the registered land surveyor responsible
for the preparation of the plat.
d. A legend containing a
graphic and written scale, north arrow, date of plat preparation and acreage
of land to be subdivided.
B. Site Data
1.
The preliminary plat shall
indicate the subdivision boundaries with bearings and distances, all
existing easements and railroad, street and road rights-of-way.
2.
The names of all property owners
abutting the boundaries of the subdivision.
3. Composite
Drainage Plan
a. The construction plan shall
include a composite drainage plan showing all improvements, including all
proposed streets, easements, parks, storm sewers, ditches, hydraulic
calculations, reserved areas and lot drainage and existing drainage designed
in acres contiguous to the subdivision.
b. The plan shall contain a note indicating
that a minimum 12-inch diameter corrugated metal pipe or equivalent 16 feet
long shall be used for all driveway entrance pipes where required for proper
drainage.
c. Details of typical catch basins, manholes,
drainage structures, junction boxes and other incidental structures shall be
included in the plan.
d. This plan shall bear the engineer's dated
signature and seal.
4. Existing drainage channels, water
courses, ponds and poorly drained areas.
5. Contours referenced to the United
States Geological Survey (USGS) data at an interval of not greater than two
(2) feet for lots less than five (5) acres. For lots exceeding five (5)
acres, data may at an interval of not greater than five (5) feet.
6. The location, right-of-way and pavement
widths and name of the nearest streets, roads or alleys to the
subdivision. Recorded but unimproved streets or roads shall be indicated
with dashed lines.
7. Soils Review Certification from the Grayson
County Health Department for all proposed individual septic tanks.
8. The acreage of all residual land.
C. Proposed Design and Improvements
1. Standards for the construction of
roadways are adopted by the Leitchfield City Council, by Ordinance, are
contained in "The Criteria for the Dedication of Newly Constructed Streets
to the City of Leitchfield" and are adopted herein by reference. (Ordinance
#95-13)
2.
Sidewalks (Specifications Section VI, 6.5
a.
Sidewalks shall be required on
both sides of the streets in residential and commercial subdivisions, at
shopping centers, playgrounds and schools.
b. Sidewalks along arterial and collector
streets, and along multi-family developments shall be five (5) feet wide
except along commercial developments where they shall be six (6) feet wide.
Otherwise sidewalks shall be four (4) feet wide. Sidewalks shall be
constructed per specifications contained in "General Provisions for the
Design and Construction of Sidewalks in Leitchfield, KY". (Section VI, 6.5)
c.
Sidewalks may be waived by the
Planning Commission with due consideration to the size of the proposed
subdivision, number and length of streets, size of lots and all other
relevant factors. The subdivider shall be required to request the sidewalk
waiver in writing. In addition, the subdivider must provide along with the
written waiver request a letter of approval from the appropriate legislative
body within whose jurisdiction maintenance of the particular sidewalk would
fall. An automatic waiver is granted for roadways serving single family
residential lots that have greater than (125 feet) of road frontage on any
single street.
d.
Sidewalks to be constructed by lot
owner. After five (5) years and70% of lots built on, developer will fill in
unbuilt sections. After eight (8) years developer will complete all
sidewalks.
e.
Sidewalks to be constructed on
state or federal right-of-ways shall be required to obtain the proper permit
from the applicable governing authority, and sidewalks will be constructed
to the governing authority's specifications.
3. All lots shall be consecutively
numbered and shall indicate the approximate dimensions and area in square
feet.
4. The location of front and side
yard setback lines shall be indicated for each lot.
5. The location, width and names
of all proposed streets shall be shown.
a.
Proposed street grades, designated
by solid lines, with percent of grade and length of vertical curves Proposed
street grades, designated by solid lines, with percent of grade and length
of vertical curves.
b.
The elevations of proposed street grades to one-hundredths of a foot every
100 feet on uniform grades, every 50 feet on vertical curves, and at the
center of all street intersections.
c.
The elevations and grades of proposed sidewalks and roadway ditches not
conforming to street grades.
d.
The elevations, lengths and grades of other existing and proposed ditches,
drainage structures, manholes, catch basins, junction boxes, pipe storm
drains and other drainage facilities including headwalls.
e.
Stationing, to be shown along the bottom of each sheet.
f.
The original ground and final grade elevations, lettered at the proper
station along the bottom of each sheet.
6. The cross-section of the entire
right-of-way shall be shown for each proposed street indicating the width
and type of pavement and, if applicable, the size and type of street gutters
and the location and width of sidewalks.
7. The location of all existing
and proposed monuments shall be shown.
8. The approximate location,
dimension and area of all existing and proposed utility easements shall be
indicated.
9. The proposed layout and
connections with existing systems shall be shown for public water and public
sewer systems, and\or well locations and individual septic location,
including the general layout of the septic field (lateral lines).
D. Additional Data Required
1. One (1) copy of an application
for approval of the subdivision and a receipt or the appropriate fees.
2. Two (2) copies of any deed
restrictions or covenants proposed by the subdivider
3. A letter from the appropriate
authority having jurisdiction indicating the availability of water or
sewerage service if the subdivision is to be connected to a public water or
sewer system.
5.2 Final Plat
A. Format and Identification
1. The final plat shall be legibly
drawn in black waterproof ink on mylar or similar reproducible material at a
scale no smaller than one (1) inch equals one-hundred (100) feet.
2. The final plat shall be labeled RECORD PLAT
in large letters immediately above the name of the subdivision.
3. A vicinity map, at an approximate scale of
one (1) inch equals one thousand (1,000) feet, indicating the general
location of the subdivision shall be placed in the upper right or left
corner of the sheet.
4. The legend shall contain the graphic and
written scale, north arrow, date of plat preparation and acreage of the land
contained within the subdivision.
B. Design Data
1. The final plat shall indicate
lot dimensions in feet to hundredths of a foot, bearings to the nearest one
(1) minute and the number of each lot.
2. The plat shall indicate the
accurate location of all permanent reference monuments. Every survey point
shall be marked with a material detectable by a metal detector.
3. The minimum front yard setback
line shall be indicated for each lot.
4. The plat shall indicate the
names, bearings and angles of intersection and width for each proposed
street or road right-of-way.
5. The plat shall show the exact
location of streets adjacent to the subdivision and the width along the
property lines for existing or recorded streets intersecting or paralleling
the boundaries of the subdivision.
6. The plat shall show the
location and width of all proposed utility and drainage easements.
C. Additional Data Required
1. Three (3) copies of any deed
restrictions or covenants proposed by the developer shall be submitted as
part of the final plat.
2. Drawings showing
cross-sections, profiles, construction details and specifications for all
required improvements shall be prepared by a registered professional
engineer and submitted as part of the final plat for the following if
required by the Commission:
a. Sanitary Sewer System Plan
b. Water System Plan
c. Streets and Roads Plan
d. Storm Drainage Plan
e. Erosion or Sedimentation Control Plan
D. Certifications
The following certification blocks
shall be shown on the final plant and signed prior to recording of the plat.
The owner's certificate must include all signatures of those who have been
conveyed the property by deed.
OWNER'S CERTIFICATION
I (we) do hereby certify that I am (we are) the owner(s) of record of the
property shown and described hereon which is recorded in Deed Book
__________, page __________, in the Office of the Grayson County Clerk; and
do hereby adopt this plan of lots with my (our) free consent for this
property; do establish the minimum building restriction line; and do hereby
dedicate all streets, rights-of-way and any other spaces so indicated to
public use; except those specifically indicated as private; that I or my
successors in title will maintain all such areas until the offer of
dedication is accepted by the appropriate authority, and do establish and
reserve the easements indicated for public utility and drainage purposes.
__________ __________________________________
Date Owner(s)
CERTIFICATION OF SURVEY AND ACCURACY
I hereby certify that this plat was prepared by me or under my direction
from an actual survey made by, or under my supervision; that the error of
closure as calculated by latitudes and departures is 1: __________; all
monuments indicated hereon actually exist and their location, size and
material are correctly indicated; the information shown hereon is correct to
the best of my knowledge and belief; and all requirements of Kentucky laws
and regulations and the Subdivision Regulations of Leitchfield, Kentucky
have been fully complied with.
______________ _______________________________
Date Surveyor's Name, Number & Seal
GRAYSON COUNTY HEALTH DEPARTMENT
CERTIFICATIONS AND NOTES FOR SUBDIVISION
PLATS
The following certification is used on
subdivision plats when full site evaluations are performed on each lot of a
subdivision. The developer pays the fee, and after the lots are approved
for on site sewage disposal systems, a signature from the Health Department
on the certification is obtained.
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GRAYSON COUNTY HEALTH DEPARTMENT CERTIFICATION |
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I certify that the sewage disposal
systems installed or proposed for installation in this subdivision fully
meet the requirements of this jurisdiction and are approved.
_________________________________________ _________________
Grayson County Health
Department Official Date |
The following
certification is to be used on subdivision plats when only preliminary site
evaluations are performed not full site evaluations on each lot. The
developer pays reduced fees to the Health Department. The property owner
will pay for a full evaluation prior to getting a permit to install a sewage
disposal system on the property.
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GRAYSON COUNTY HEALTH DEPARTMENT CERTIFICATION |
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These subdivision lots have received
tentative approval for on site sewage disposal system usage by the
Grayson County Health Department. This approval is granted only to the
general feasibility of on site sewage disposal system usage for the
subdivision as a whole. Each lot must be approved prior to system
installation.
_________________________________________ ________________
Grayson County Health
Department Official Date |
The following note is to used on subdivision
plats when the lots are five (5) acres or greater and a site evaluation will
not be performed by the Grayson County Health Department. For these
proposed subdivisions, no fees are paid to the Health Department and no
Health Department signature is required. The future property owners
will pay the fee to have a full on site sewage system evaluation performed
prior to obtaining a permit for a sewage system installation.
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GRAYSON COUNTY HEALTH DEPARTMENT – EXCEPTION |
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The lots shown on this
subdivision plat, being five (5) acres or greater, have not been
evaluated for an on site sewage disposal system as permitted by
ordinance of the Grayson County Board of Health. This exception from
the City of Leitchfield Subdivision Regulations, which requires the
Health Department Certification, was granted by the City of Leitchfield
Planning Commission on _____ day of ________________.
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APPROVED 11/13/00
CERTIFICATION OF APPROVAL OF UTILITIES
I hereby certify: (1) that
______________________ utility improvements have been installed in an
acceptable manner and according to relevant specifications in the
subdivision entitled: __________________________________ or, (2) that a
security bond in the amount of $ ___________ has been posted with the
utility provider to assure completion of utility improvements in case of
default.
___________________________________________________
Utility Agent of other Approving
Agent Date
Approved 11/13/00
CERTIFICATION OF IMPROVEMENTS
I hereby certify that street improvement, and storm drainage plans for
this subdivision have been reviewed by me and are in conformance with the
City of Leitchfield Subdivision Regulations. I further certify that all
streets and other improvements shown on this plat have been installed and
completed to the construction standards contained in the City of Leitchfield
Subdivision Regulations and the road specifications for new roads as adopted
by the City of Leitchfield; or that their installation, within two years of
the date below, has been assured by the posting of a sufficient surety bond
or irrevocable letter of credit in the amount of $______________, has been
posted with the City of Leitchfield Council or Planning Commission. The
purpose of this surety is to assure completion of all required improvements
in case of default.
_____________________________
Date Authorized Representative
CERTIFICATION OF COMMISSION
I
hereby certify that this RECORD PLAT has been found to comply with the City
of Leitchfield Subdivision Regulations, with the exception of variances as
set out on this plat and that this record plat was approved by the City of
Leitchfield Planning Commission on, ____________________, 20__ and is now
eligible for recording in the Office of the County Clerk.
____
________________________
Date Commission Chairman or Secretary
City of Leitchfield Planning Commission
______________________________
Zoning Administrator
City of Leitchfield Planning Commission
GENERAL UTILITY NOTES
-There is a 20 ft. general utility easement across the front of each lot.
-There is a 10 ft. general utility across the rear of each lot.
-There is a 10 ft. general utility and drainage easement centered on each
side lot line, being 5 ft. on each side of said line.
-Easements grant and convey to overhead Utilities and Licensees, and their
successors, the right to trim or remove any and all trees, structures and
obstacles located on the easements or in such proximity thereof that in
falling they might interfere with the operation and maintenance of said
facilities. No building or other structure shall be erected, and no
landfill or excavation or other change of grade shall be performed upon said
easements after installation of said facilities. Be it also granted that
the right of ingress and egress be granted to the users of the utility
easements as required to construct, operate, maintain, and reinforce
facilities within said easements.
-Electric Utility Company Easement – A distance of 15 ft. on the property
side of the road R/W (running parallel to the road R/W on both sides of the
streets. Also a guying easement 10 ft. wide (5 ft. on each side of property
line) and 30 ft. deep (from road R/W) wherever a utility pole is erected.
-All entrances providing access to State and Federal right-of-way must
receive an entrance permit from the Kentucky Department of Highways.
Approval of the plat does not relieve property owners of the responsibility
to obtain an entrance permit, nor does it guarantee approval of an access
permit even if properly applied for.
UTILITY EASEMENTS RESTRICTIONS
The undersigned hereby grants unto the below named utility companies,
easements over the spaces indicated by dashed lines and marked "utility
easements", said easement to include:
1. The right to construct,
maintain, operate, replace, upgrade or rebuild any and all underground
utilities.
2. The right of ingress and
egress over all lots from said easements indicated.
3. The right to trim or remove
any tree necessary to maintain proper service.
4. The right to keep said
easements free of any structures or obstacles that the company deems a
hazard to the utility companies.
5. The right to prohibit any
excavation within five (5) feet of any underground utility or change of
grade that interferes with overhead or underground lines.
Lot owners may use and enjoy said land included in easement shown hereon by
the right herein granted to the companies including the use of the land for
planting, cultivating, and maintenance of shrubbery and other small plants
and plantings, construction and maintenance of hard surfaced streets,
sidewalks, driveways, roads, parking lots or areas, or of private or public
facilities and drains, on, access, or through the above described easement
areas, but may not construct any buildings or similar structures upon the
easement areas.
___________________________________________ ______________
Owner(s)
Date
(Applicable Utilities &
Licensee) Date
___________________________________________ ______________
___________________________________________ ______________
___________________________________________ ______________
___________________________________________ ______________
The undersigned hereby grants to the City of Leitchfield Storm Water
Easements over all watercourses, drainage ways, channels or streams. Said
easements are 20 feet in width, centered on each primary drain, being 10
feet on each side of said flow line or thread of stream. The storm water
easement is a non-buildable area. No building or structure may be
constructed within or pertrude into this non-buildable area. Designation of
said easement does not imply that other areas of the property will not
flood. The City of Leitchfield assumes no liability for property damage
because of storm water.
___________________________________________ ______________
Owner(s)
Date
SECTION VI
DESIGN AND IMPROVEMENT
STANDARDS
6.1 Lots
A. All lots shall abut for at least
seventy five (75) feet upon a street dedicated for public use except a lot
fronting on the curved portion of a cul-de-sac may be reduced to a minimum
of fifty (50) feet provided the lot is one hundred (100) feet wide at the
front yard setback line.
B. Lot dimensions shall comply with
the requirements of the zoning district, however, residential lots not
served by a public sanitary sewer system shall contain a minimum of
thirty-two thousand (32,000) square feet with a width of no less than one
hundred (100) feet and a depth of no less than two hundred (200) feet.
C. Lots located on land subject to
flooding, subsidence or other hazards to the health and safety of potential
users may be declared unsuitable for residential development by the
Commission and such plans or portions thereof may be disapproved by the
Commission.
D. Corner lots shall be of
sufficient width to permit compliance with the required minimum side yard
setback line.
6.2 Blocks
A. Residential blocks shall not
exceed twelve hundred (1,200) feet nor be less than four hundred (400) feet
in length.
B. The width of blocks shall be
sufficient to provide two (2) tiers of lots of appropriate depth except
where reverse frontage lots are used to alleviate conflicting traffic or
uses.
C. Blocks used for non-residential
purposes shall be of such length, width and design to incorporate adequate
provision of off-street parking, loading and unloading and control of
vehicular access to adjacent streets.
6.3 Utility and Drainage Easements
A. Utility easements twenty (20)
feet in width may be required between, at the rear or across lots.
Easements of a greater width may be required if deemed appropriate by the
Commission.
B. Storm water easements or drainage
rights-of-way may be required if necessary to provide proper drainage within
or through a subdivision.
C. Utility and drainage easements
shall connect with existing easements on adjoining properties.
6.4 Streets
A. The location of all streets in a
proposed subdivision shall conform in general alignment to the Major Street
Plan.
B. The proposed street layout shall
provide for the continuation of existing streets to adjoining tracts.
C. Streets shall be designed with
respect to topography to provide proper drainage and grades.
D. Proposed streets in alignment
with existing streets shall bear the name of the existing street. Proposed
street names shall not duplicate or be confused with names of existing
streets.
E. The entire minimum right-of-way
shall be dedicated when a subdivision is located on one or both sides of a
street.
F. Intersections involving more than
four (4) basic street approaches shall be prohibited.
G. Street jogs with centerline
offsets of less than one hundred fifty (150) feet shall be prohibited.
H. The minimum radius at property
lines at all intersections shall be twenty (20) feet for all streets.
I. No private streets or reserve
strips shall be allowed except as they meet the following criteria:
1. The minimum right-of-way of the proposed
private street meets those standards set for local streets.
2. The private street shall not be principal
access for more than three (3) lots.
3. All lots within the proposed subdivision
shall be for agricultural purposes and shall contain at least fifteen (15)
acres, or meet the regulations set forth for that zone in the City of
Leitchfield Zoning Ordinance, whichever is more stringent.
4. The warranty deed of each lot in a proposed
subdivision containing a private street shall contain a covenant providing
for the maintenance of the street and right-of-way.
Also:
5. No lot having immediate access from a private
street shall be resubdivided for any use other than agricultural until the
private street and right-of-way become a public street by proper dedication
by the owners and accepted by the applicable legislative body.
6. No private street and right-of-way shall be
accepted for maintenance by any legislative body unless the pavement meets
the minimum requirements of the applicable legislative body.
7. No further subdivision development shall be
permitted unless the right-of-way and pavement meets the minimum
requirements of the applicable Subdivision Regulations at the time of
request.
8. The provisions of these Subdivision
Regulations may be liberally applied by the Commission where strict
application would result in practical difficulties and/or unnecessary
hardships upon the owner of such property. In applying such liberal
applications, the Planning and Zoning Commission may impose such conditions,
as it deems appropriate.
6.5 Sidewalks
General Provisions for the Design and
Construction of Sidewalks in Leitchfield, Kentucky.
Minimum sidewalk specifications for residential
areas;
5-½ inch thickness
3500 psi Class A concrete
5 x 5 x 10 ga. Wire mesh or fiber
2 inch compacted DGA base
4 feet minimum width
Non-Slip surface finish
Curing compound
Grooved Joints shall be placed at a distance
equal to the sidewalk width.
Control Joints shall be sawed at intervals using
the following formula:
Sidewalk thickness in inches x 2.5 = Distance in
feet between control joints
Control Joints shall be 1/3 of depth of concrete
and sealed with a urethane based joint sealant.
SECTION VII
ADMINISTRATION AND
ENFORCEMENT
7.1
Administrative Official
The Commission shall designate, with the
concurrence of the appropriate legislative bodies, an Administrative
Official to be charged with and provided the authority to enforce these
regulations.
7.2 Filing
Fee
The Plan Commission shall establish a uniform
schedule of fees proportioned to the cost of checking and verifying the
proposed Preliminary and Final plats. The subdivider shall pay the
specified fee at the time of filing the application for preliminary plat
approval. Contact the Commission for the current fee schedule.
7.3
Variances
The Commission may vary the requirements of
these regulations where strict application would result in extreme practical
difficulties because of exceptional or unique topographic conditions or
other physical conditions.
7.4
Penalties
Any person who violates the provisions of this
regulation shall, upon conviction, be fined not less than ten dollars
($10.00) nor more than five hundred dollars ($500.00) for each offense.
Each day of violation shall constitute a separate offense.
7.5
Liabilities
Any member of the Commission or any employee
thereof, shall not render himself liable personally in the discharge of his
duties. Any legal suit brought against any member of the Commission or
employee because of such act performed by him in the enforcement of any
provision of this regulation shall be defended by legal representation of
the Commission until the final termination of the proceedings.
7.6 Surety
Requirements
Required surety bonds or irrevocable letters of
credit shall be set at cost plus 10%. The amount of the surety may be
reduced as improvements are completed and approved or accepted by the
appropriate authority.
SECTION VII
8.1 FEES
Subdivision Plan Assessment
Preliminary Plat, Street, Sidewalk and Drainage Plans
10 Lots or Less $300.00
11 – 20 Lots $400.00
21 Lots and Over $500.00
Record Plat $140.00 +
$10.00/Lot
Amended Plat Revised & Corrected Plats $ 50.00
Replatting & Resubdividing Plats $140.00 + $10.00/Lot
Revocation of Subdivision Plat $ 75.00
Recording Fees
Record Plat &
Amended Plat $ 20.00
Certificate of Land Use Restrictions $ 20.00
SECTION IX
EFFECTIVE DATE
This regulation is hereby declared to be a measure necessary in the interest
and for the promotion of safety, convenience and public welfare. This
regulation shall be in full force and effect from and after its passage and
approval as provided by law.
Approved this the 14th
day of August 2000. With the effective date of September 1, 2000.
CHAIRMAN, CITY OF LEITCHFIELD
PLANNING COMMISSION
ATTEST:
Secretary |
