SUBDIVISION REGULATIONS

BELLEFONTE KENTUCKY

Table of Contents

ARTICLE I Purpose/Authority

1.1 Purpose
1.2 Title
1.3 Legislative Authority
1.4 Area of Jurisdiction
1.5 Application
1.6 Administration
1.7 Definition of Subdivision

ARTICLE II Procedures for Submitting and Approving Plats

2.1 Purpose
2.2 Differences
2.3 Overall Procedures
2.4 Commercial Property - Exception to Overall Procedures
2.5 Advisory Meeting with the Planning Commission
2.6 Preliminary Plat Filing and Approval Procedures
2.7 Final Plat Filing and Approval Procedures
2.8 Fees
2.9 Application Forms

ARTICLE III Plat Format and Content Requirements

3.1 Purpose
3.2 Preliminary Plat
3.3 Final Plat

ARTICLE IV Improvements Required as Prerequisite to Final Plat Approval
4.1 Purpose 25
4.2 Approval of Improvements
4.3 Monuments
4.4 Streets
4.5 Curbs and Gutters
4.6 Utilities and Drainage Facilities
4.7 Street Name Signs

ARTICLE V Subdivision Design Standards

5.1 Purpose
5.2 General Requirements
5.3 Suitability of the Land for Subdivision Development
5.4 Streets
5.5 Blocks
5.6 Lots
5.7 Erosion Protection
5.8 Utility and Drainage Easements
5.9 Conformance with Zoning and Other Regulations
5.10 Large Tracts or Parcels
5.11 Natural Environmental Considerations
5.12 Self-Imposed Restrictions
5.13 Construction Procedures

ARTICLE VI General Provisions

6.0 Variances
6.1 Violations and Penalties
6.2 Separability
6.3 Definitions
6.4 Amendments
6.5 Previous Regulations
6.6 Adoption and Effective Date

SUBDIVISION REGULATIONS

BELLEFONTE, KENTUCKY

MARCH 1990

(As Amended July 8, 1996)

ABSTRACT

TITLE Subdivision Regulations Bellefonte SUBJECT: A text for subdivision development to be used by the Greenup County Joint Planning Commission in administrating subdivision regulations for the City of Bellefonte. LOCAL PLANNING AGENCY: Greenup County Joint Planning Commission

ABSTRACT/TEXT: These subdivision regulations prepared for the City of Bellefonte, Kentucky by the Greenup County Joint Planning Commission through the technical assistance of the FIVCO Area Development District, Inc., are for the City of Bellefonte, Kentucky. The Greenup County Joint Planning Commission merely administers these regulations for the city as dictated by them. These subdivision regulations are intended to be as complete as possible and designed specifically for the City of Bellefonte, Kentucky taking into account the local needs. Occasionally, it may be necessary to add and/or modify these regulations as changes occur and patterns develop.

SUBDIVISION REGULATIONS

Bellefonte, Kentucky

ARTICLE I

PURPOSE/AUTHORITY

1.1 Purpose

These subdivision regulations are designed to encourage the development of residential subdivisions, according to recognized standards which provide for sound, efficient and economical development to insure that future growth will be orderly and conductive to the provision of minimum outlay of public and private expenditures in providing services to developing areas; to provide for adequate and convenient open spaces for utilities, recreation, light, air, and access of fire fighting equipment; to avoid population congestion through requirements for minimum lot widths and lot areas; to provide for provision of water, drainage, sewer and other sanitary facilities; and to reduce flood damage potentials to the greatest extent possible.

1.2 Title

These regulations shall be known and may be cited as the "Subdivision Regulations for Bellefonte, KY." A certified copy of these regulations are on file with the County Clerk of Greenup County, Kentucky.

1.3 Legislative Authority

The regulations are adopted by the City of Bellefonte for authority granted by the Kentucky Revised Statutes, Chapter 100.

1.4 Area of Jurisdiction

The provisions of these regulations shall apply to all lands within the city limits of Bellefonte.

1.5 Application

No land within the area of jurisdiction shall be subdivided, nor shall any lot be sold or building erected in a subdivision as herein defined, until a final plat of the subdivision is approved by the Greenup County Joint Planning Commission and the plat properly filed and recorded by the Greenup County Court Clerk.

In their interpretation and application, the provisions of these regulations shall be shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and general welfare. Whenever the provisions of these regulations are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, that provision which is more restrictive or imposes higher standards of requirements shall govern.

1.6 Administration

These regulations shall be administered by the Greenup County Joint Planning Commission. All applications, fees, maps, and documents relative to subdivision approval shall be submitted to the Bellefonte Zoning Officer for review by City Council and forwarding to the Planning Commission.

The Greenup county Joint Planning Commission shall handle the daily administration of these regulations and may seek advice from planning consultants or other local, regional and state agencies, regarding subdivision proposal and will coordinate all plats with the Council of the City of Bellefonte. Realizing that these administrative subdivision regulations are for the City of Bellefonte and the Planning Commission in every way attempt to seek input from the Council of the City of Bellefonte citizens residing therein.

1.7 Definition of Subdivision

As defined in Kentucky Revised Statutes, Chapter 100, Section III, 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 five 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."

ARTICLE II

PROCEDURES FOR SUBMITTING AND APPROVING PLATS

2.1 Purpose

These subdivision regulations are intended to insure sound subdivision development that is consistent with the community goals and plans and to safeguard the interest of the home owner, the subdivider, the investor and the unit of local government. Subdivision regulations are enforced by the Greenup County Joint Planning Commission through the process of reviewing preliminary and final plats of proposed subdivisions. The purpose of this Article is to establish the procedures which shall be followed by the developer and Greenup County Joint Planning Commission in preparing, reviewing and approving all subdivision plats.

2.2 Differences Between "Preliminary" Plat and "Final" Plat

The preliminary plat is the community's (through the Planning Commission) first opportunity to review the proposed development and coordinate it with other existing and proposed developments. Prior to the approval of the preliminary plat, there should be no physical improvements or installation of utilities. The approved preliminary plat drawings are those from which specific construction work on the subdivision can proceed.

The final plat includes more precise and more inclusive engineering data on lot dimensions and bearings as well as engineering construction drawings or major improvements such as streets and water and sewer facilities. The final plat also includes the several certificates of approval from various agencies and authorities in the City. Also, approval of the final plat means that all physical improvements to the property have been made or a performance bond has been filed with the City of Bellefonte to insure that these required physical improvements are made. The final plat, once approved and recorded, in the County Clerk's Office is a legal document from which land transactions are made.

2.3 Overall Procedures

The procedure for obtaining approval of a subdivision plat generally includes three steps:

1. Advisory meeting with Bellefonte City Council

2. Preliminary plat review and approval

3. Final plat review and approval

2.4 Minor Subdivisions-Exception to Overall Procedures

A. All subdivision of land shall be subject to the preliminary and final plat requirements present herein, except where a subdivision is of property which is zoned for commercial use according to the City of Bellefonte Zoning Map.

B. For minor subdivisions, the Planning Commission can waive preliminary plat requirements and go directly to the final plat, however the subdivider shall nevertheless observe the requirements of conducting an advisory meeting with the Bellefonte City Commission as provided in 2.5 herein. (Amended July 8, 1996)

2.5 Advisory Meeting With The Planning Commission Bellefonte City Commission (Amended July 8, 1996)

A. Before preparing the Preliminary Plat and submitting it to the Bellefonte City Council for Approval, the subdivider should meet and consult informally with the Council 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.

At the same meeting, the subdivider should review with the Bellefonte City Council the minimum standards of subdivision design set forth in Article V. This informal review should prevent unnecessary and costly revisions in the layout and development of the subdivision.

Formal application or filing of a plat with the Planning Commission is not required for this informal advisory meeting. The meeting is for the protection of the subdivider and might save him unnecessary time and costs for redesign.

2.6 Preliminary Plat Filing and Approval Procedures

After meeting informally with the Bellefonte City Council as described in Section 2.5, the subdivider shall cause to be prepared a preliminary plat prior to making any improvements or installation of any utilities. The plat format and content requirements are detailed in Article III. The following define the procedures leading to preliminary plat approval:

o    Plat Preparation by: The subdivider shall have a registered surveyor, registered engineer, landscape architect, architect, or urban planner (provided that engineering data is supplied by a registered engineer or surveyor for landscape architects, architects and urban planners) prepare the preliminary plat in conformance with the format design and improvement requirements of these regulations. Utility companies and other concerned city and county agencies shall be consulted before the preliminary plat is prepared.

o    Formal Application and Submission: Ten copies of the preliminary plat and supplementary material specified in Section 3.2 shall be submitted to the Administrative Officer of the Planning Commission (i.e. Bellefonte Zoning Officer) and fees paid at least 10 days prior to the meeting at which it is to be considered. When deemed necessary by the Planning Commission, improvement drawings as in Section 3.3-C-3 shall be submitted prior to approval of the preliminary plats.

o    Distribution and Review of Plats: The Commission shall make copies of the preliminary plat available to all concerned city and county agencies including but not limited to the following: county health officer, soil conservation service, water and sewer agencies, electric and gas utility companies, and the State Highway District Office. The commission will consider all comments form these agencies before making recommendations on the plats.

In the event individual (package plant) sewage disposal systems is planned the subdivider will provide the Planning Commission with written approval from the State Department of Natural Resources and Environmental Protection.

o    Public Hearing Notice: Upon receipt of the ten copies of the Preliminary Plat and other required data, and the written application form, the Planning Commission shall set a place and date for a public hearing. At this time every effort should be made to receive input from the City of Bellefonte. The Planning Commission shall notify the subdivider by certified mail of the time and place of the meeting not less than seven days before the date fixed for the meeting.

Similar notice shall be mailed to the owners of land immediately adjoining the area proposed to be platted as shown on the proposed subdivision. The names and mailing addresses of these persons shall be provided to the Planning Commission by the subdivider.

Additional notice will be by general publication and shall appear at least seven (7) days and no more than twenty-one (21) days prior to the date set for the public hearing.

o    Planning Commission Review: Following the hearing, the Planning Commission shall consider the Preliminary Plat. The Commission shall consider the comments and opinions expressed at the public hearing but the Commission shall be responsible for reaching its own conclusions on the merits of the proposed subdivision. In determining whether an application for approval for a preliminary plat shall be granted, the Commission shall determine if the plat provides for:

  County Health Officer's approval;

  Coordination of subdivision streets with existing and planned streets;

  Coordination with and extension of facilities included in the Comprehensive Plan;

  Establishment of minimum width and area of lots within the projected subdivision; in accordance with existing zoning ordinance;

  Distribution of population and traffic in a manner tending to create conditions favorable to health, safety, convenience, and the harmonious development of the area;

  Fair allocations of areas for streets, parks, schools, public and semi-public buildings, homes, utilities, business and industry.

As a condition of approval of a plat, the Commission may specify:

o    The manner in which streets shall be laid out, graded, and improved;

o    Provisions for water, sewage and other utility services;

o    Development with respect to school location;

o    Provision for essential municipal services;

o    Provision and/or location of recreation facilities;

o    Proper minimum width and area for each lot.

F. Planning Commission Action: Following review of the Preliminary Plat and other material submitted for conformity to these regulations, and discussions with the subdivider on changes deemed advisable, and the kind and extent of improvements to be made by him, the Planning Commission shall do the following:

1. Within 45 days after the hearing on the preliminary plat, shall approve, disapprove or approve subject to modifications the said plat.

a. Approval of the preliminary plat shall not constitute acceptance of the final plat. Approval means the developer is authorized to proceed with physical improvements in the proposed subdivision and to proceed with the preparation of the final plat. Lots shall not be sold until a final plat has been approved and recorded.

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 and granted by the Planning Commission if just cause is shown. Otherwise the approval process shall begin with another public hearing.

o    Disapproval: If a plat is disapproved, reasons for such disapproval will be stated in writing. Criteria for disapproval can be any of the standards, purposes or objectives of this regulation or the comprehensive plan or elements thereof.

o    Approval subject to modifications: If approved subject to modifications, the nature of the required modifications shall be indicated in writing. The subdivider may proceed but only after corrected preliminary plats have been submitted to the Commission or the Commission's designee.

2. The action of the Planning Commission shall be noted on three copies of the preliminary plat with any notations made at the time of approval or disapproval of the specific changes required. One copy shall be returned to the subdivider and the other retained by the Planning Commission and City Council of Bellefonte.

2.7 Final Plat Filing and Approval Procedures

A final plat meeting the format and content requirements of Article III and the design standards of Article IV may be submitted after approval of the preliminary plat. The following define the procedures leading to final plat approval. Prior to final plat approval the subdivider shall not sell or agree to sell any lot.

A. Plat Preparation By: The subdivider shall have a registered surveyor, registered engineer, landscape architect, architect, or urban planner (provided that engineering data is supplied by a registered engineer or surveyor for landscape architects, architects and urban planners) prepare the final plat in conformance with the format design and improvement requirements of these regulations. Utility companies and other concerned city and county agencies shall be consulted before the final plat is prepared.

B. Conformance With Preliminary Plat: The final plat shall conform to the Preliminary Plat as approved by the Planning Commission and shall incorporate all modifications and revisions specified by the Commission in its original approval of the Preliminary Plat. Otherwise, the plat shall be considered as a revised Preliminary Plat.

C. Formal Application:

1. Six copies of the final plat together with attachments as may be required under Section 3.3 C and D, a formal application form and fees shall be submitted to the Planning Commission by the subdivider at least 10 days prior to the meeting at which it is to be considered.

2. Unless a time extension has been requested by the subdivider and granted by the Commission, all final plats shall be submitted within 12 months of the approval date of the preliminary plat. If a time period in excess of 12 months elapses, the preliminary plat must be resubmitted and approved before a final plat approval can be considered unless the subdivision is developed in stages as set out above in Section 2.6 F 1.a.

D. Distribution and Review of Plats: The commission shall make copies of the final plat available to all concerned city and county agencies. The Commission will consider all comments from these agencies before making a recommendations on the plat. Distribution shall be but not limited to:

1. One copy of the final plat shall be transmitted to the City or County Engineer or the City's designee who will check said plat as to computations, certification, monuments, etc., and that all required improvements have been completed to the satisfaction of the City or County officials, having jurisdiction, or in case a security bond or certified check has been posted in lieu of completing said improvements that the amount posted is sufficient to cover the cost of the required improvements. If found satisfactory, he will return the copy of the final plat to the Planning Commission with his approval certified thereon within 10 days of receipt thereof.

2. One copy shall be transmitted to the County Health Officer when individual sewage disposal or water supply systems are to be installed. If the plat meets the approval of the Health Officer he shall return the copy with his approval certified thereon within 10 days of receipt thereof.

3. In the event of the individual (package plants) sewage disposal systems the State Department of Natural Resources and Environmental Protection or other appropriate state agency shall provide written approval of the installed system prior to approval by the Planning Commission.

E. Planning Commission Review and Action: The Planning Commission will review the final plat at its regularly scheduled meeting following the timely submission of the application and all supporting material.

Within 45 days after the review of the final plat the planning commission shall take one of the following actions:

1. Approval-Means the final plat has been signed by the Chairman of the Commission and may be recorded. After recording, the developer may sell or agree to sell lots by reference to the approved and recorded final plat. Commission approval shall not be deeded to constitute or effect an acceptance by the City or County of the dedication of any street or other proposed space offered for dedication, since such acceptance is the prerogative of the City and County legislative bodies.

2. Conditional Approval-Means the developer may proceed as outlined above under E 1. Approval, but only after he has meet the conditions attached to the approval.

3. Postponement-Means the Commission has deferred action until some future Commission meeting in order that certain clarification can be made in regard to the plat.

4. Disapproval-Means complete denial of the final plat. Grounds for disapproval will be stated in the minutes of the Planning Commission. To request another review and action, the developer must revise his plat to conform to Commission requirements and resubmit a new final plat.

5. After Commission action, three copies of the plat will be marked in conformance with the Commission's action and the developer shall be notified in writing of the Commission's action and requested to pick up his plat.

F. Recording of Final Plat: Within 60 days of the Commission's approval, unless a time extension has been granted by the Commission previous to the expiration date, a certified copy of the final plat shall be filed for recording in the County Clerk's Office. The Commission's action is also voided if the certified plat is altered in any manner (except for Commission requirements) between the date of Commission approval and recording.

G. Release from Letter of Intent: If a letter of intent has been permitted by the Commission its release shall be approved by the Commission after all improvements, in the opinion of the Commission, have been satisfactorily completed. See Section 4.2B for more detain governing release from letter of intent.

H. Dedication Approval: Approval of the Planning Commission shall not constitute the acceptance by the public of the dedication of any streets or other public way or ground. A copy of the approved final plat will be transmitted to the Council of the City of Bellefonte by the Planning Commission for necessary action on any proposed dedication.

2.8 Fees

The Planning Commission shall establish a fee of fifty (50) dollars for the cost of checking and verifying the proposed preliminary, final plats, and any postage incurred in such. The subdivider shall pay the specified fee to the city at the time of filing his application for preliminary plat approval.

2.9 Application Forms

The City of Bellefonte shall furnish any and all application forms for subdivision approval to the subdivider at the time of the informal meeting with the Council. Such application forms shall contain information pertinent to the subdivision review (i.e. addresses, phone numbers, etc.)

ARTICLE III

PLAT FORMAT AND CONTENT REQUIREMENTS

3.1 Purpose

The purpose of this Article is to describe the content and format of required preliminary and final plat materials and the information which the plats must contain. Conformance to these requirements will provide for the expedient processing of plats.

All plats must adhere to these specifications unless the Commission grants permission for modification due to unusual or special circumstances. Plats which repeatedly lack the required data shall be returned to the subdivider by the Commission immediately after absence of data is apparent.

3.2 Preliminary Plat

A. Format and Identification

1. Sheet size: The Preliminary Plat shall be submitted by the subdivider on durable paper and shall be clear and legible. The scale shall be one inch equals 100 feet or less and the size of sheets shall be 18 X 24 inches or 24 X 36 inches depending upon the size of the subdivision. A 1 inch margin for binding shall be provided along the left edge.

When more than one sheet is required, an index sheet of the same size shall be submitted showing the entire subdivision drawn to scale.

2. Label: The Preliminary Plat shall be labeled "PRELIMINARY PLAT" in large letters.

3. Vicinity Map: A vicinity map showing the general location of the subdivision shall be placed in the upper right or left corner of the sheet. The vicinity map shall be drawn at a scale large enough (approximately 1" = 1,000') to show the proposed subdivision's relationship to existing and proposed features such as major traffic arteries, schools, recreation areas and industrial areas.

4. Subdivision Name: The proposed name of the subdivision, which shall not duplicate or closely approximate the name of any other subdivision in the County or City.

5. Subdivider/Engineer: a) The name and address of the owner of the land to be subdivided, and the name and address of the subdivider, if other than owner.

b) The name and address of the registered engineer, land surveyor, architect, landscape architect or planner responsible for the preparation of the plat.

6. Zoning: Zoning Classification on the tract and adjoining properties and any proposed changes from existing zoning.

7. Legend: The title block should appear at the bottom of the sheet and contain the following: a) north arrow, b) graphic and written scale, c) date, d) acreage of land to be subdivided.

B. Site Data: The data required below provides the essential information upon which the Planning Commission (and the subdivider) can make decisions on the appropriateness of the subdivision and its preliminary design. Section C lists the data required to illustrate the proposed design.

1. Boundaries: Subdivision boundaries with bearings and distances (include entire area proposed to be subdivided and remainder of the tract in the same ownership); all existing easements, railroad and utility rights-of-way and the purpose for which such easements and rights-of-way have been established; parks and other public open spaces.

2. Abutting Property: The names of all property owners abutting the boundaries of the subdivision as their names appear on the tax records; subdivision names of adjacent platted land; lot pattern surrounding proposed subdivision and typical lot size in adjacent subdivisions.

3. Utilities: Existing water, sewer and storm drain facilities on and adjacent to the tract showing size, elevation, and direction of flow. Additionally the location of existing gas, electric and telephone utilities will be shown and the recommended future location of same.

4. Contours: Contours referenced to USGS datum at an interval of not greater than ten feet, or lesser interval if deemed necessary by the Planning Commission. Additionally contours shall be shown at an interval of 20 feet or less for an area within 250 feet outside of the plat boundaries if possible. In any event approximate direction and gradient of ground slope shall be shown.

5. Drainage: Existing drainage channels, water courses, ponds, and wet (poorly drained) areas will be shown.

6. Streets: Location, right-of-way and pavement widths, and names of all existing improved streets or alleys on or within 500 feet of the subdivision. Recorded but unimproved streets should be shown with dashed lines.

7. Septic Tanks or Wells: If individual wells and/or septic tanks are proposed, shown sub-surface conditions on the proposed subdivision, including location and results of tests made to ascertain surface soil, rock, and ground water conditions. Show location and results of soil percolation tests in accordance with the specifications of the State and County Department of Health. Due regard shall be given to the effects of cut and fill which may make such data obsolete. Anticipated areas of cut and fill shall be noted upon the Preliminary Plat for this purpose.

C. Proposed Subdivision Design and Improvements

1. Lots: (a) The location of all proposed and existing lots with approximate dimensions and area in squire feet for each lot; (b) lot numbers for each lot shall be shown.

2. Setbacks and Buildings: The location of proposed building setback lines with the dimensions showing the set back from the streets rights-of-way.

3. Use: Sites, and their acreages, if any, to be reserved or dedicated for parks, playgrounds, or other public uses. Sites, if any, for semi-public, commercial or multi-family uses.

4. Streets: The locations, width, approximate grades and names of proposed streets and alleys. Approximate elevations at the center line of the street shall be shown at the beginning and end of each street, and at street intersections.

5. Typical Street Section: The cross-section of each new street, from one right-of-way line to the other at a scale of ten feet or less to the inch, showing the width and type of pavement, the size and type of gutters, the location and width of sidewalks.

6. Monument: Location of existing monuments and proposed new monuments.

7. Easements: The approximate location, dimensions and area of all property proposed to be dedicated or temporarily reserved for public use, or to be reserved by a blanket covenant for use of all property owners in the subdivision and conditions for such conveyance or reservation. Also, the location, dimensions, area, and purposes of any proposed easements.

8. Drainage: Proposed drainage systems with typical cross sections of all proposed drainage facilities including underground drains, culvert headwalls, ditch lines and necessary easements. Also, the location, size and invert elevation of storm sewers and appurtenances thereto.

9. Sewers: Proposed layout and connections with existing sanitary sewer system (with size of line) or alternative means of sewage treatment and disposal and location.

10. Water: Proposed layout and connection with existing water system showing size and location of lines.

D. Additional Data Required: When applicable the following additional data shall appear on or be attached to the preliminary plat.

1. One copy of an application for preliminary plat approval and appropriate fees.

2. When the developer proposes to regulate land use or dimensional criteria in a subdivision and otherwise protect a development, one draft copy of such covenants shall be submitted as part of the preliminary plat materials.

3. When the tract shown on the subdivision plan represents only a portion of the developers holding, an additional sketch may be required to illustrate the proposed layout for the remainder of the tract.

4. Certificate of approved water and sewage system from the County Health Office.

5. If connections are proposed to public sewerage system and water systems a letter or certificate of availability of water and sewerage service shall be attached.

6. Where deemed necessary to properly evaluate the proposed development, the Planning Commission may require street profiles and other improvement drawings as listed in Section 3.3-C-3.

3.3 Final Plat

A. Format and identification: The Final Plat shall show the following information.

1. Sheet Size: The Final Subdivision Plat shall be legibly drawn in black waterproof ink on tracing cloth or similar reproducible material, excluding paper. The scale shall not be smaller than one inch equals 100 feet and the size of the sheet shall be 18 x 24 inches, or 24 x 36 inches, including a 1 inch margin for binding along the left edge. When more than one sheet is required, an index sheet on the same size shall be submitted showing the entire subdivision drawn to scale.

2. Label: The Final Plat shall be labeled "FINAL RECORD PLAT" in large letters.

3. Vicinity Map: A vicinity map showing the general location of the subdivision shall be placed in the upper right or left corner of the sheet. The vicinity map shall be drawn at a scale large enough (approximately 1" = 1000') to show the proposed subdivision's relationship to existing and proposed features such as major traffic arteries, schools, recreation areas, shopping areas and industrial areas.

4. Subdivision Name: Subdivision name or unit number and name of the largest subdivision or tract of which the tract being subdivided forms a part. (Said name shall not be different from the name used on the preliminary unless required by the Commission.)

5. Subdivider/Engineer: a) The name and address of the owner of the land and the name and address of the subdivider, if other than the owner.

b) The name, address, and seal of the registered professional civil engineer or land surveyor responsible for the preparation of the plat.

6. Zoning: Zoning Classification on the tract and adjoining properties and any proposed changes from existing zoning.

7. Legend: The title block should appear at the bottom of the sheet and contain the following:

a) true north arrow

b) graphic and written scale

c) date

d) acreage of land to be subdivided

8. Names and location of adjoining subdivisions, and location and ownership of adjoining property.

B. Subdivision Design, Data and Dimensions: The following are intended to depict the accurate design of the subdivision and shall appear on the plat:

1. Boundary Lines: Boundary lines of tract in a line style and weight which will distinguish the developer's property from all adjacent property, show the tract boundary lines with lengths to hundredths of a foot and bearings to the nearest minute. These boundaries shall be determined from an accurate survey in the field.

2. Streets: For street rights-of-way show the names, bearings, angles of intersection, right-of way and pavement widths; for all curves show the length, radii, points of curvature, and tangent bearings.

3. Easements: For all easements or other right-of-way show the locations, widths, and purposes.

4. Lot Lines: For lot lines show dimensions in feet to hundredths of a foot and bearings to the nearest minute. Lot numbers shall be shown and numbered in numerical order.

5. Dedicated/Researched Land: Show the accurate outline of all property which is either offered for dedication to public use or which is reserved by covenant in the deeds for the common use of the property owners in the subdivision, with the purpose plainly printed thereon. Additionally the purpose for which sites other than residential, are dedicated or reserved shall be shown.

6. Control Points: All Dimensions, angles, bearings and similar data on the plat shall be tied to primary control points as approved by the City or County engineer or other registered, professional engineer to be selected by the Planning Commission. Locations and descriptions of said control points shall be given. Except where deemed clearly unreasonable or infeasible by the Planning Commission, those control points shall be the located section corners of the Coordinate System of the Commonwealth of Kentucky.

7. The accurate location and material of all permanent reference monuments. (See Section 4.3 for specifications.)

8. The minimum building setback line which shall be at least one-half of the total width of the street right-of-way on which the building fronts or as stipulated in the zoning ordinance.

9. Adjacent Streets: The exact location of streets on adjacent land, and the width along the property lines for existing or recorded streets intersecting or paralleling and boundaries of the proposed subdivision.

10. Adjacent Platted Land: For adjacent land which is platted, show the boundaries with dashed lines, the record name, date of recording, and plat book and page number. For adjacent land which is unplatted, show the name(s) of record.

C. Additional Data Required: The following shall accompany the final plat when submitted for approval.

1. Application: Two copies of an application for final plat approval and appropriate fees.

2. Deed Restrictions: Two copies of all deed restrictions or protective covenants (may either be placed directly on the final plat or attached thereto in form for recording. If recorded separately, reference to the restriction shall be made on the final plat).

3. Improvement Drawings and Plans: Drawings showing cross sections, profiles, construction details, and specifications for all required improvements shall be prepared by a Registered Professional Civil Engineer in conformance with the provisions in Article III and IV and in accord with city or county standards.

a. Sanitary Sewage System Plans.

b. Water System Plans.

c. Street Plans and profiles and pavement design computations.

d. Storm Drainage Plan where appropriate, including computations.

e. Plans for the control of erosion and sedimentation where appropriate.

D. Certifications: The following signed certifications shall appear on the final plat:

1. Certification on plat of title showing that applicant is owner and a statement of such owner dedicating streets, rights-of-way and other sites for public use.

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 County Clerk's Office; do hereby adopt this plan of lots for this property; do hereby dedicate the streets and any other spaces so indicated to public use; and do establish and reserve the indicated easements for public utilities and drainage purposes.

_______________ _____________________

Date Owner(s)

2. Certification by surveyor or engineer as to the accuracy of survey and plat:

ENGINEER'S (OR SURVEYOR'S) CERTIFICATION

I hereby certify that this plat was prepared by me or under my direction; that all monuments indicated hereon actually exist and their locations, size, and material are correctly indicated; the information shown hereon is correct to the best of my knowledge and belief; and all requirements of the Subdivision Regulations have been fully complied with.

_______ _________________ __________

Date Engineer's Name Engineer's

Seal

3. Certification by the County Health Officer when individual sewage disposal or water systems are to be installed.

CERTIFICATION OF THE APPROVAL

OF WATER AND SEWERAGE SYSTEMS

I hereby certify that the water supply and sewage disposal utility systems installed, or proposed for installation, in the subdivision plat entitled: ________________________ fully meet the requirements of the Kentucky State Health Department.

____________________, 19_____

_________________________

County Health Officer

(or other appropriate

agency's officer)

4. Certification by City or County Engineer or the City's designee if none is employed that the subdivider has complied with one of the following alternatives:

a. All the improvements have been installed in accord with the requirements of these regulations, or

b. A security bond or certified check has been posted with the city or county legislative body in sufficient amount to assure such completion of all required improvements.

CERTIFICATION OF THE APPROVAL

OF STREETS AND UTILITIES

I hereby certify: (1) that streets, utilities and other improvements have been installed in an acceptable manner and according to city and county specifications in the subdivision entitled: ________________________ or, (2) that a security bond in the amount of $____________ has been posted with the city or county legislative body to assure completion of all required improvements in case of default.

_________________________, 19 ______

Date

_________________________

City or County Engineer

or other Approving Agent

5. Certification on plat by the Chairman of the Planning Commission that the plat has been approved for recording in the office of the County Clerk:

CERTIFICATE OF APPROVAL FOR RECORDING

I hereby certify that the subdivision plat shown hereon has been found to comply with the subdivision regulations for Bellefonte Kentucky, with the exception of the variances hereinafter set out and noted in the minutes of the Planning Commission, and that this plat has been approved for recording in the Clerk's Office of the Greenup County Court.

Variances:

____________________, 19 ______

Date

_________________________

Chairman or Secretary

Planning Commission

6. A certificate that can be signed when the plat is recorded:

CLERK AND RECORDER'S CERTIFICATE

Accepting for filing in the office of the County Court Clerk and Recorder of Greenup County at the City of Bellefonte, Commonwealth of Kentucky this ________ day of _________________A.D. 19____.

_________________________

County Clerk

ARTICLE IV

IMPROVEMENTS REQUIRED AS PREREQUISITE

TO FINAL PLAT APPROVAL

4.1 Purpose

A perfectly prepared and recorded subdivision or plat means little to a prospective lot purchaser until he 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 4.3 - 4.10 tangible improvements are required before Final Plat approval in order to assure the physical reality of a subdivision. Additional design standards are enumerated in Article V and the subdivider shall become familiar with them prior to completing the improvements herein.

4.2 Approval of Improvements

A. Construction of Improvements: No final plat shall be approved by the Planning Commission or accepted for record by the County Clerk until all required improvements herein listed are constructed and approved by the appropriate city (or county) officials having jurisdiction, unless a bond is posted as in B below.

B. Security Bond or Certified Check: In lieu of such prior construction as in 4.2 A above, the Planning Commission may accept a security bond or certified check based on detailed cost estimates prepared by a registered engineer, running to the city (or county) sufficient to cover the estimated cost of the required improvements. The bond or check shall be subject to the condition that the improvements will be completed within one year after approval of the final plat.

When the Commission has approved a final plat and permitted bonding to insure completion of required improvements, and the developer has completed such improvements, the following procedure shall apply:

1. After completing all improvements, the developer shall notify the City Engineer or other official as appointed by the Planning Commission that the improvements are ready for final inspection.

2. If the City or County Engineer or other designated official finds the improvements are complete and in conformance with Commission requirements, he shall notify the Commission by letter and recommend the release of the bond. Conversely, if the date of completion has passed and the improvements are not completed in accordance with Commission requirements, the Engineer shall notify the Commission and recommend that the bonding company be notified to complete the required work within a specified period of time.

3. The Planning Commission shall then act on the Engineer's recommendation and either release the bond and/or call for completion of the required improvements.

4.3 Monuments

A. Concrete monuments at least thirty-six (36) inches in length and four (4) inches in diameter or four (4) inches square shall be set at the intersection of all lines forming angles in the boundary of the subdivision. In addition, at least three (3) monuments per block shall be installed at locations determined by the Commission or its representative. The top of the monument shall be flat and shall have an indented cross or other such mark to properly identify the exact point of reference. Except in cases where it is deemed clearly unreasonable or infeasible by the Planning Commission, these monuments shall be described in the Final Plat in relation to the located section corners of the Coordinate System of the Commonwealth of Kentucky.

B. Iron pin or iron pipe monuments not less than three-fourths (3/4) inch in diameter and not less than eighteen (18) inches in length shall be set at all lot corners not marked by concrete monuments, all block corners, at all points where street lines intersect the exterior boundaries of the subdivision, and at all intersections of curves and tangents along street property lines.

4.4 Streets (See Article V for more detailed specifications)

A. Grading: All streets, roads, and alleys shall be graded 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.

B. Pavement Specifications for Streets: The subdivider shall provide street pavements which shall be designed to carry the expected traffic loads and which shall conform with the Kentucky Department of Highways' current standard specifications for concrete pavement or bituminous pavement. All street pavements shall be of a "dust-free" type. Loose aggregate will not be considered a completed pavement. Minimum specifications for pavement shall be nine (9) inches of dense grade aggregate and two and one-half inches of surface asphalt.(1)

C. Minimum Pavement Widths: Pavement widths shall be considered as the as the driving surface and shall be as follows:

Local Streets 20 feet

Minor streets 16 feet

4.5 Curbs and Gutters

Curbs and gutters shall be recommended in all subdivisions. Curbs shall be not less than six, nor more than eight inches in height above the gutter line, with the fill behind the curbs sloping toward the curb to insure proper drainage into the gutters. Curbs shall be constructed of concrete or asphalt. Whenever curbs and gutters are waived, drainage ditches shall be constructed within the street right-of-way at a distance of ten feet or more from the edge of the pavement of arterial streets, or five feet for lower street classes. The ditches shall be of adequate size to carry the run-off water and to prevent flooding. To avoid erosion, such ditches may be required to be concrete lined. The shoulder ditch and balance of unpaved right-of-way shall be seeded.

4.6 Utilities and Drainage Facilities

A. General Requirements for Installation of Utilities: Utilities shall be provided in rear of 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, etc., and all service connections-shall be completely installed and approved throughout the length of the street and across the flat section.

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 (as determined by insurance services of Kentucky), 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 County Health Officer. If the Planning Commission approves the use of individual wells, lot sizes will have to meet the approval of the County Health Officer. All water lines shall be at least six inches in diameter or more as may be determined necessary.

C. Sanitary Sewers: Where, in the opinion of 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 City Engineer or appointee 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 from the County Health Officer for a package disposal system.

D. Storm Drainage: An adequate drainage system including necessary open ditches, pipes, culverts, intersectional drains, drop inlets, bridges, etc., shall be provided for the proper drainage of all surface water. Cross drains shall be provided to accommodate all natural water flow, and they shall be of sufficient length to permit full width roadways and the required slopes. The proposed drainage shall be in conformance with the overall drainage plan for the City.

E. Gas, Electric and Telephone Utilities: The Planning Commission may accept assurance from each public utility company whose facilities are proposed to be installed. Such assurance shall be in the form of a letter addressed to the Planning Commission stating that such public utility company will make the necessary installations for furnishing its services within a specified time.

The Planning Commission shall require placing electric and telephone lines underground in new subdivisions unless unnecessary hardship can be demonstrated.

4.7 Street Name Signs

The subdivider shall furnish the city a sum of money sufficient to reimburse the city for the purchase price and installation cost of all street name singes required in his subdivision. The subdivider shall also obtain from the City Clerk, a list of available names for the streets of such subdivision.

ARTICLE V

SUBDIVISION DESIGN STANDARDS

5.1 Purpose

The purpose of this article is to establish minimum principles and standards of design to govern the layout and physical improvements of subdivisions.

5.2 General Requirements

A. In designing a subdivision, the subdivider shall comply with the principles and requirements of this article.

B. The Planning Commission in considering an application for the subdivision of land shall be guided by the considerations and standards contained herein.

C. Land to be subdivided shall be of such a character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace.

D. Subdivisions shall conform to the Comprehensive Plan and to the Zoning Ordinance.

5.3 Suitability of the Land for Subdivision Development

A. Physical Limitations: If the Planning Commission finds that land proposed to be subdivided is unsuitable for subdivision development due to flooding, bad drainage, steep slopes, rock formations, and other such conditions as may increase the danger to 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 subdivision and development of the land.

B. Premature Development: 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 (such as undue maintenance costs for adequate roads).

5.4 Streets

A. General Requirements: The arrangement, character, extent, width, and location of all streets shall conform to the Transportation Plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to their appropriate relation to the proposed uses of the land to be served by such streets.

In designing a street system, the subdivider shall be guided by the following principles:

1. Adequate vehicular and pedestrian access shall be provided to all parcels.

2. Local street systems shall be designed to minimize through traffic movement

3. Local street systems shall be logical and comprehensible.

4. The arrangement of local streets shall permit economical and practical patterns, shapes and sized of development parcels.

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 will 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 turnaround having a radius of at least forty (40) feet.

C. Street Classification: All streets in a proposed subdivision shall be classified as one of the following. Se definition, Section 3.4 for classification criteria.

Minimum

Right-of-Way Pavement

Street Classification Width Widths

Local Streets 60 Feet 28

Minor Streets 40 16

In any instance in which a local street as defined above connects with and has ingress and egress to a state or county road, there shall be a minimum right-of-way width requirement of seventy-five (75) feet to insure safe and efficient traffic flow into and out of such street and onto such state or county road. Said seventy-five (75) foot right-of-way width requirement shall extend from the entrance onto such state or county road back a distance of at least one hundred (100) feet into said local street.

3. Street Intersections (Should be Letter D)

a. Streets shall intersect as nearly as possible at right angles and no street shall intersect with any other at less than 75 degrees. (Should be Number 1)

b. Multiple intersections involving junctions of more that two streets shall be prohibited.

c. On a corner lot, within the areas formed by the right-of-way lines of intersection streets and a line joining points on such right-of-way lines at a distance of thirty (30) feet from their intersections, there shall be no obstruction to vision between a height of two and one-half (2 ) feet and a height of ten (10) feet above the average grade of each street at the centerline thereof, except that street name signs, fire hydrants, street lighting poles, and associated appurtenances thereto shall be permitted within this area.

d. Streets entering opposite sides of another street shall be laid out either directly opposite one another or with a minimum offset of 150 feet between their center lines.

e. Minimum curb radii at street intersections shall be twenty (20) feet.

f. Where a proposed subdivision abuts or contains an existing or proposed local street, the number of intersections with the arterial street shall be kept to a minimum. To the fullest extent possible, intersections with arterial streets shall be located not less than 500 feet apart, measured from center line to center line.

g. No lot or other parcel of land which abuts on and has access to either a local or a minor street shall have a service drive, curb cut, or other means of access to an arterial street within seventy-five (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.

4. Curves in Streets - Horizontal and Vertical

a. A tangent at least one hundred (100) feet long shall be introduced between reverse curves on local and collector streets.

b. Where there is a deflection angle of more than ten (10) degrees in the alignment of a street, a curve with a radius adequate to insure safe sight distance shall be made. The minimum radii of curves shall be:

Street Type Minimum Curve Radius

Local 300 feet

Minor 175 feet

c. All changes in grade for local and minor streets shall be connected by a vertical curve of a minimum length equal to twenty (20) times the algebraic difference on the rates of grade. The length of the curve for all other streets shall be ten (10) times the algebraic difference in the rates of grade.

5. Street Grades and Elevators

a. Grades of streets shall conform as closely as possible to the original topography and shall be designed to produce useable lots and reasonable grades.

b. Grades of streets shall be arranged to obtain as many building sites as possible at or above the grade of the street(s) abutting the building.

c. Street grades, wherever feasible, shall not exceed the following, with due allowance for reasonable vertical curves:

Street Type Percent Grade

Local 5%-8%

Minor 8%-10%

The Planning Commission may permit steeper grades in special circumstances.

d. Grades at street intersections shall be held to a maximum of two percent for a distance of 75 feet in any direction from the point of intersection of the street center lines.

e. 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 be not less than one-half () of (1) percent. Storm water collection shall be so designed as to eliminate surface water draining across streets.

f. The Planning Commission shall not approve streets with 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.

Fill may be used in areas 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.

6. Street Jogs: Street jogs with center line offsets of less than one hundred and fifty (150) feet shall not be made.

8. 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 be provided as the closed end with a turnaround having a radius at the outside of the pavement of at least forty (40) feet and a radius at the outside of the right-of-way of at least fifty (50) feet. (Should be Number 7)

9. Street Names

Proposed streets which are obviously in alignment with other already existing and named streets shall bear the names of such existing streets.

E. Street Construction:

1. Preparation of the Subgrade: Before grading is started, the entire right-of-way area shall be first cleared of all tree stumps, roots, brush, and other objectionable materials and all trees not intended for preservation. The subgrade shall be properly shaped, rolled, and uniformly compacted to conform with the accepted cross-section and grades.

2. Cuts: In cuts, all tree stumps, boulders, organic material, soft clay, spongy material, and other objectionable material shall be removed to a depth of at least two (2) feet below the graded surface. Rock, when encountered, shall be scarified to a depth of at least twelve (12) inches below the graded surface. Slopes or cuts shall not be steeper than 1-1/2 foot horizontal to the one foot vertical.

3. Fills: In fills, all tree stumps, boulders, organic material, soft clay, spongy material, and other objectionable material shall be removed to a depth of at least two (2) feet below the natural ground surface. This objectionable matter as well as similar matter from cuts shall be removed from the right-of-way area and disposed of in such a manner that it will not become incorporated in fills or hinder proper operation of the drainage system. All suitable material from roadway cuts may be used in the construction of fills, approaches, or at other places as needed. The fill shall be spread in layers not to exceed eight (8) inches loose and shall be compacted by a sheep's foot roller. The filling of utility trenches and other places not accessible to a roller, shall be mechanically tamped, but where water is used to assist compaction the water content shall not exceed the optimum of moisture. Fill slopes shall not be steeper than two (2) feet horizontal to one (1) foot vertical.

5.5 Blocks

A. Block Shape: Block length and width or acreage with bounding streets shall be such as to accommodate the size of lot required in the area by the Zoning Ordinance, and to provide for convenient access, circulation control, and safety of street traffic. Blocks shall be of such sizes and shapes as considerations of topography and street layout shall dictate, but the Planning Commission shall not approve blocks that are unreasonably large or small.

B. Length: Blocks shall be wide enough to allow two (2) 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 (2) tiers of lots, the Planning Commission may approve a single tier of lots of minimum depth.

5.6 Lots

A. Relationship to Streets All lots shall front on an improved and approved public street or road for a minimum distance of one hundred (100) one hundred twenty-five (125) feet except that lots which front on the turnarounds of permanent dead-end streets (or extremely sharp curves in unusual design cases) shall front on such turnarounds for a minimum distance of sixty (60) feet. Lots in a planned unit development having access to a street or common parking area along a pedestrian way may be allowed if the development meets the specifications of the zoning ordinance. (Amended July 8, 1996)

B. Arrangement Each lot in the subdivision shall contain a building site completely free from the danger of flooding. Except here infeasible, side lot lines shall be at right angles to straight street lines and radial to curved street lines.

C. Dimensions The size, shape, and orientation of lots shall be such as the Planning Commission and the City Council deem appropriate and shall be as follows:

(1) Lot area requirements. There shall be at least 10,000 21,875 square feet of lot area for each resident family or housekeeping unit in any building. Each lot shall have a minimum width of seventy five (75) feet one hundred twenty-five (125) feet at least to the building set-back line as defined in 5.6 (D), and a minimum length of one hundred twenty (120) one hundred seventy-five feet in depth. (Amended July 8, 1996)

(2) Front yards. There shall be a front yard on every lot. Depth of any front yard shall be at least 30 feet, but in no event shall such depth be less than that required for buildings to be in alignment with other already existing buildings on adjoining lots. However, where a lot runs through a block from street to street, a front yard, as provided below, shall be required along each street lot line which is not a side street lot line.

(3) Rear yards. Every lot shall have a rear yard having a depth of at least 40 feet. Ground story rear projections from the building may extend ten feet into a required rear yard.

(4) Side yards. All dwellings shall have a minimum 15 feet of side yard depth on each side of the dwelling except on corner lots. Any side yard along the side street lot line on any corner lot shall be at least 30 feet.

(5) Required yards cannot be used by another building. No part of a yard or other open space provided in connection with any building or structure for the purpose of complying with the provisions of this ordinance shall be included as a part of a yard or other open space required under this ordinance for another building or structure.

(6) No space necessary for compliance with the minimum side yard requirements for a lot 75 feet wide, as prescribed in this ordinance, shall be counted or included in or for the side yard on any other lot, regardless of change in ownership of land included within said prescribed side yard space. No lot shall be so reduced in area after enactment of this ordinance as to make a rear yard less deep than is prescribed by this ordinance for a lot 120 feet in depth.

(7) Where a corner lot adjoins another lot, no part of any accessary building within 30 feet of the common lot line shall be nearer a side street lot line than the least depth of any front yard required along such side street for a corresponding building on such adjoining lot, except that in the case of a narrow corner lot where compliance with this requirement would give an impracticable depth to a private garage. The Board of Zoning Adjustment may permit the construction of such garage as near to such side street lot line as will give a practicable depth, but in no such case shall any part of such garage project beyond the building to which it is necessary.

D. Building Setback Line (See Figure II.): The building setback line shall not be located closer to the street right-of-way line than the distance equal to one-half () of the total width of the street right-of-way on which the building will front, but in no case shall the building setback line be located closer than thirty (30) feet from the right-of-way line of the street. A greater distance between the building setback line and the street right-of-way line is permissible. The building set-back line shall not be located closer to the street right-of-way than 60 feet, and shall be at least as deep as is necessary for buildings to be in alignment with other already existing buildings or adjoining lots. (Amended July 8, 1996)

E. Corner Lots (See Figure II.): Corner lots shall have sufficient extra width to meet the building setback lines established on both the front street and the side street.

F. Yard Requirements: Yard requirements for residential subdivision or the portions thereof inside the corporate limits of Bellefonte shall be no less than the yard requirements set forth in the Zoning Ordinance for the zoning district or district or districts in which they are located.

5.7 Erosion Protection

All areas between the edge of pavement and the right-of-way shall be adequately seeded except for sidewalks and steep drainage areas where other treatment is necessary.

5.8. Utility and Drainage Easements

General Requirements: To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines. Easements shall be fully indicated on the Final Subdivision Plat.

Utility and Drainage Easements: Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities with street rights-of-way, perpetual unobstructed easements at least ten (10) feet in width for such utilities shall be provided across property outside the street lines and with satisfactory access to the street.

Storm Water Easements: Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width as may be deemed necessary by the Planning Commission to permit the construction of improvements designed to restrict the flooding of said watercourse on adjoining properties. Parallel streets or parkways may be required.

5.9 Conformance with Zoning and Other Regulations

No Final Plat of land within the area of force and effect of an existing zoning ordinance will be approved unless it conforms with such ordinance. Whenever there is a discrepancy between the minimum standards set forth in these regulations and those contained in the zoning ordinance, building code, or other official regulations, the highest standard shall apply.

5.10 Large Tracts or Parcels

When land is subdivided into larger parcels than ordinary building lots, such land shall be arranged so as to allow for the opening of future streets and logical resubdivision.

5.11 Natural Environmental Considerations

A. Preservation of Existing Features: Existing features which would add value to residential development, or natural or man-made assets such as trees, groves, woodlands, watercourses, vistas, historic spots, historic or architecturally significant buildings, and similar irreplaceable assets, should be preserved, insofar as possible, though harmonious and careful design of the subdivision.

B. Preservation of Natural Cover: Land to be subdivided shall be laid out and improved in reasonable conformity to existing topography, in order to minimize grading and cut and fill, ad to retain, insofar as possible, the natural contours, limit storm water runoff, and conserve the natural cover and soil.

C. Sediment Control: The subdivider shall provide effective sediment control measures in the planning and construction of subdivisions. Practical combinations of the following technical principles shall be applied:

1. The smallest practical area of land shall be exposed at any one time during development.

2. Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development.

3. Sediment basins (debris basins, desilting basins, or silt traps) shall be installed and maintained to remove sediment from runoff waters and from land undergoing development.

4. Wherever feasible, natural vegetation shall be retained and protected.

5. All seeding and fertilizing shall be done in conformance with the guidelines of the Soil Conservation Service, as a minimum.

5.12 Self-Imposed Restrictions

The subdivider may place restrictions on the development more restrictive than those required herein or by the Zoning Ordinance. Such restrictions, if any, shall be indicated on the Subdivision Plat.

5.13 Construction Procedure

A schedule of construction shall be presented to the Commission for all subdivisions where portions of the subdivision are to be developed and occupied prior to completion of the total subdivision development. In no case shall equipment or structures used in construction be allowed to remain on the subdivided property in close proximity to the newly-occupied lots in the subdivision. Once construction is halted for a thirty-day (30) period, the developer shall cause all construction equipment to be removed from the premises.

ARTICLE VI

GENERAL PROVISIONS

6.0 Variances

mailto:trbradle@gte.netmailto:redbird@ramlin.netmailto:redbird@ram.netThese land subdivision regulations are adopted as minimum requirements, and all developers should consider developing their subdivisions at higher standards. Thus, the developer is encouraged to go beyond the requirements of these regulations and the Planning Commission may require standards above the minimum contained herein whenever it feels that public health, safety, or welfare purposes justify such increases.

The Planning Commission may with City Council approval reduce or otherwise vary the requirements of these regulations whenever it encounters the situations described below. In granting such variances, the Commission may attach and require whatever conditions it feels are necessary to secure the basic objectives of the regulations.

Exceptional Conditions: The Planning Commission may grant a variance to these regulations where by reason of the unusual shape of a specific piece of property, or where by reason of exceptional topographic conditions, the strict application of these regulations 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 intent and purpose of these regulations. In granting such variances or 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 these regulations.

Exceptional Conditions: When any application for subdivision approval expressly or inherently calls for a possible variance to these regulations, it shall be the duty of the Planning Commission to immediately provide formal written notice of such fact to the Bellefonte City Commission in order that the City Commission may have sufficient time to consider whether it approves of or opposes such a variance. The City may relay to the Planning Commission its approval of or opposition to such variance through its Commission representative or may provide written notice of same to the Commission through its Mayor or City Attorney. City disapproval of a proposed variance to the regulations shall preclude Planning Commission approval of any such subdivision for so long as the variation remains included in its proposed plat, either preliminary or final. (Amended July 8, 1996)

6.1. Violations and Penalties

The following violations and penalties are hereby cited from Chapter 100, Section 100.277, 100.283, 100.291, and 100.991 of the Kentucky Revised Statutes.

A. No Subdivision of Land Before Approval: No person or his agent shall subdivide any land before securing the approval of the Planning Commission of a plat designating the area to be subdivided.

B. No Selling of Land Before Approval: No person owning land composing a subdivision, or his agent, shall transfer or sell or agree to sell any lot or parcel of land located within a subdivision by reference to, or by exhibition, or be any other use of a plat of such subdivision, before such plat has received final approval of the Planning Commission and been recorded by the County Clerk. Any such instrument of transfer, sale or contract shall be void and shall not be subject to be recorded.

C. Metes and Bounds Descriptions: The description of lots or parcels 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 right or remedies he may otherwise have.

D. No Recording Before Approval: No plat of a subdivision of land shall be recorded by the County Clerk until the plat has been approved by the Commission and the approval entered thereon in writing by the Chairman of the Commission. Admission to the County Clerk's records shall not be construed as approval.

E. Injunctions: The Planning Commission shall have the power to apply for an injunction against any type of subdivision construction by a subdivider or a landowner where the subdivision regulations have been violated.

F. Penalties:

1. Any County Clerk, who receives, files or records a plat in violation of the provisions of these regulations shall be fined not less than $100 or more than $500 as provided in the Kentucky Revised Statutes, Chapter 100.990 (5).

2. Any person who transfers or negotiates to transfer any lot in a subdivision before the final plat of said subdivision has been approved by the Planning Commission and recorded in the County Clerk's Office, or attempts the description of land by metes and bounds in violation of these regulations shall pay to the City or County a penalty of $100 for each parcel of land so transferred as provided in the Kentucky Revised Statutes, Chapter 100.990 (5). The City or County may, by action in the Circuit Court, enjoin the transfer or agreement to transfer land as provided in the Kentucky Revised Statutes, Chapter 100.980 (4).

Any person or entity who violates these subdivision regulations shall be subject to fine or penalty in conformity with KRS 100.991. In addition thereto, the City or Planning Commission may, by action in the Circuit Court, enjoin the transfer or agreement to transfer land as provided in the Kentucky Revised Statutes, Chapter 100.980(4). (Amended July 8, 1996)

APPEAL

A decision of the Planning Commission may be reviewed by certiorari procedure. A petition for review shall specify the grounds upon which the petition alleges the illegality of the Commission's actions. Such petition must be filed in the Circuit Court of Greenup County within thirty (30) days after the date of such decision.

6.2. Separability

Should any section, sub-section, paragraph, or provision of these regulations be held invalid or unenforceable by a court of competent jurisdiction, such decision shall in no way affect the validity of any other provision of these regulations.

6.3 Definitions

For the purpose of these Regulations, certain terms, phrases, words and their derivatives are herewith defined as follows:

Words used in the future tense include the present, and vice versa;

Words used in the singular include the plural, and vice versa;

The word "shall" is mandatory.

The word "may" is permissive.

BLOCK: A parcel of land within a subdivision or development that is bounded by streets or bounded by streets and the exterior boundary of the subdivision. For this definition an alley is not considered a street but part of the block.

BUILDING PERMIT: A permit issued by the authorized officer allowing a proprietor or his agent to construct, alter, or remove a building, etc., or engage in similar activity which would alter the character of the lot in question.

COMMISSION (OR PLANNING COMMISSION): The Joint Planning

Commission of Greenup County, Commonwealth of Kentucky.

DEVELOPER: Any individual, firm, association, syndicate, co-partnership, corporation, government agency, trust, or any other legal entity commencing proceedings under these regulations, to effect a development of land as defined herein for himself or for another.

EASEMENT: The right, granted by the property owner, to use a parcel of land for specified purposes.

FRONTAGE: All the property abutting on one side of the right-of-way of a street, measured along the right-of-way line of the street between the lot lines as extended to intersect said right-of-way line of said street. In no case shall the line along an alley be considered as acceptable for frontage.

LOT: A parcel of land or any combination of several lots of record occupied or intended to be occupied by a principal building or a building group as permitted in the Zoning Ordinance, together with their accessory buildings or uses and such access, yards and other open spaces required in these Regulations and in the Zoning Ordinance.

LOT WIDTH MINIMUM: The width of a lot as measured along the minimum building front setback line.

MINIMUM BUILDING SETBACK LINE: A line parallel to the front, side and/or rear lot line and set back from the lot lines a sufficient distance as specified in the Zoning Ordinances, to provide required minimum yard space.

PLAT: A map of the subdivision.

STREETS: any vehicular ways

(a) All streets will be dedicated rights-of-way which have been properly processed, approved and recorded.

(b) The following shall be used to classify all streets:

LOCAL STREET - Any street which carries heavy vehicular traffic usually originating or ending in a large group of residential properties abutting on the street and which serve to collect and distribute traffic primarily from local residential streets to state and county roads.

MINOR STREET - Any street which carries light traffic usually originating or ending in a relatively small group of residential properties abutting on the street and which are designed to be used primarily for direct access to abutting properties and leading into the local streets.

SUBDIVIDER: Any individual, firm, association, syndicate, co-partnership, corporation, trust, governmental agency or other legal entity commencing proceedings under these Regulations to create a subdivision of land as defined herein for himself or for another.

SUBDIVISION: See Section 1.7 of these regulations.

6.4 Amendments

The City Council may revise, modify, or amend these regulations by appropriate action taken at a regularly scheduled meeting after the required notice and public hearing.

6.5 Previous Regulations

Any previous subdivision regulations adopted by the City of Bellefonte or a Planning Commission appointed by them are hereby repealed.

6.6 Adoption and Effective Date

A. Before adoption of these Subdivision Regulations or any amendments thereto, a public hearing shall be held by the Planning Commission, a public notice of the time and place shall be published in the newspaper of general circulation in the City and County in accordance with Kentucky Revised Statutes.

B. The Subdivision Regulations shall take effect and be in force immediately upon adoption thereof.

Adopted by the Greenup County Joint

Planning Commission

_____________________________

Chairman

_____________________

Date

Adopted by the Bellefonte

City Commission

______________________________

Mayor

______________________

Date

ATTEST:

________________________________

City Clerk

FIRST READING: _________________

SECOND READING: ________________

PUBLICATION DATE: ______________

1.      The subdivider will not be required to grade or provide a pavement base or surface in excess of that required for collector streets since such additional construction is required for the benefit of the general public. The Planning Commission will recommend that the city (or county) bear the extra expense of constructing the street to meet arterial street standards.

 

C:\Documents and Settings\Tom\My Documents\My Web Sites\City of Bellefonte\BACK.GIF