Henderson County, KY Article V REQUIREMENTS FOR IMPROVEMENTS, RESERVATIONS AND DESIGN

5.1 General improvements

1. Conformance to Applicable Rules and Regulations. In addition to the requirements established herein, all subdivision plats shall comply with the following laws, rules, and regulations:

a. All applicable statutory provisions.

b. The local governments zoning ordinance, building and housing codes, and all other applicable laws of the appropriate jurisdictions.

c. The Comprehensive Plan, and Capital Improvements Program of the local government, including all streets and drainage systems.

d. The rules of the Kentucky Green River Area Health Department and/or appropriate state agencies.

e. The rules of the State Highway Department if the subdivision or any lot contained therein abuts a state highway or connecting streets.

f. The standards and regulations adopted by all boards, commissions, agencies, and officials of the

g. City of Henderson, the City of Corydon, and Henderson County.

h. Plat approval may be withheld if a subdivision is not in conformity with the above provisions, or with the policy and purpose of these regulations as established in Section 1.3 above.

2. Self-Imposed Restrictions. If the owner places restrictions on any of the land contained in the subdivision, the Planning Commission shall require that those restrictive covenants be recorded with the County Court Clerk of Henderson County.

a. Every land survey shall be monumented or witness monumented at all boundary corner locations. Monumentation shall conform to the Kentucky Standards of Practice for Professional Land Surveyors.

3. Character of the Land. Land which the Planning Commission finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features which will reasonably be harmful to the safety, health and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Planning Commission upon recommendation of the Land Development Committee, to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses as shall not involve such a danger.

4. Subdivision Name. The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in Henderson County.

5.2 Lot improvements

1. Lot Arrangements. The lot arrangement shall be such that there will be no foreseeable difficulties, for any reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the Zoning Ordinance[1] and Health Regulations and in providing driveway access to buildings on such lots from an approved street.

[1] Editor's Note: See Appendix A, Zoning.

2. Lot Shape, Area and Dimensions. Excessive lot depth in relation to width should be avoided, with a proportion of no more than 3 to 1 (depth to width) being considered desirable. In areas not provided with sanitary sewers, the minimum lot area shall be one (1) acre for single family dwelling units. Multi-family dwelling units shall require at least seventy five hundredths (0.75) acre per dwelling unit. Area within public right of way or within fifty (50) feet of a surface water body or permanent impoundment shall be excluded from areas calculated for minimum lot size.

a. Pointed or irregular shaped lots (flag lots, triangular shapes, curved interior lot lines) should be avoided where possible. Flag lots should be discouraged as a means for development or maximizing lot sales. The narrow portion of a flag lot extending from the right of way shall be physically capable of providing reasonable access to the flag lot, including provision for adequate sight distance at the point of access to the public roadway. No remnant of property shall be left which does not conform to minimum lot requirements.

b. Lot Dimensions and area shall comply with the requirements of the Zoning Ordinance. Where lots are more than double the minimum required area for the Zoning District, the Planning Commission may require that such lots be arranged to allow further subdivision and the opening of future streets where necessary to serve such potential lots, in compliance with the Zoning Ordinance and these regulations. In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless a variation from this rule will give a better street or lot plan.

c. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum front yard and side yard setbacks as specified in the zoning ordinance. Depth and width of lots intended for business, commercial or industrial uses shall be adequate to provide for off-street parking and loading facilities required in the Zoning Ordinance.[2]

[2] Editor's Note: See Appendix A, Zoning.

3. Double Frontage Lots and Access to Lots.

a. Double Frontage Lots. Double Frontage lots shall be avoided except where necessary to provide separation of residential development from arterials or to overcome specific disadvantages of topography and orientation.

b. Access from Principal and Minor Arterials. Lots should not, in general, derive access exclusively from arterial streets. When driveway access is required for a corner lot, the access shall generally be from the lower traffic street, in order to reduce traffic hazards on the higher traffic street.

4. Construction Site Stormwater Management. Subdivider's shall conform to the requirements of the Technical Standards for erosion control, best management practices, and shall submit a storm water pollution prevention plan (SWPPP) for each phase of development. When a lot has received final approval and no construction is anticipated for a minimum of six (6) months, adequate seeding and sodding will be the responsibility of the developer, as well as keeping all grass and weeds cut on undeveloped lots.

5. Fencing and Screening. Each subdivider and/or developer shall be required to furnish and install fences and screening where required by the Zoning Ordinance.[3] Fence and screen height and material shall be noted on the preliminary plat. No Certificate of Occupancy shall be issued until said fencing and screening improvements have been installed.

[3] Editor's Note: See Appendix A, Zoning.

6. Water Bodies. If a tract being subdivided contains a water body or permanent impoundment, or portion thereof, lot lines shall be drawn to clearly delineate ownership of the water body among adjacent lots. The ownership of and responsibility for safe maintenance of the water body shall be identified or noted in a manner clarifying that it will not become a local government responsibility. Where a watercourse separates the buildable areas of a lot from the street by which it has access, provisions shall be made for the installations of a culvert or other structure, of design approved by the Local Government Engineer.

7. Performance Bond to Include Lot Improvement. The performance bond shall include an amount to guarantee completion of all requirements contained in this Section. Whether or not a Certificate of Occupancy has been issued, at the expiration of the performance bond, the local government may enforce the provisions of the bond where the provisions of this section or any applicable law, ordinance, or regulations have not been complied with.

5.3 Street improvements

1. General Requirements.

a. Frontage on improved roads. No subdivision shall be approved unless the lot(s) to be subdivided shall have frontage on and access of at least one hundred (100) feet on an existing improved and maintained city or county street on the official map, unless otherwise specified by the City or County Zoning Ordinance.[1]

[1] Editor's Note: See Appendix A, Zoning.

b. Development of Proposed Streets. Streets which are proposed for development shall be graded and improved and conform to the Planning Commission's construction standards and specifications and shall be approved by the Local Government Engineer.

c. Topography and Arrangement.

i. Streets shall be related appropriately to the topography. Local streets shall be curved wherever possible to avoid conformity of lot appearance. All streets shall be arranged so as to obtain as many as possible of the building sites at, or above, the grades of the streets. A combination of steep grades and curves should be avoided. Specific standards are contained in the design standards of these regulations.

ii. All streets shall be properly integrated with the existing and proposed system of thoroughfares and dedicated right-of-way as established in the Subdivision Master Plan.

iii. All thoroughfares shall be properly related to special traffic generators such as industries, business districts, schools, church and shopping centers, to population densities and to the pattern of existing and proposed land uses.

iv. Local streets shall be laid out to conform as much as possible to the topography, to permit sufficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property.

v. The rigid rectangular gridiron street pattern need not necessarily be adhered to, and the use of curvilinear streets, cul-de-sac, or U-shaped street shall be encouraged where such use will result in a more desirable layout.

vi. Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions, or unless in the opinion of the Planning Commission such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts.

vii. In business and industrial development, the streets and other access ways shall be planned in connection with the grouping of buildings, location of rail facilities, and the provision of alleys, truck loading and maneuvering areas and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrians.

d. Blocks.

i. Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depth. Exception to this prescribed block width shall be permitted in blocks adjacent to major streets, railroads, or waterways.

ii. The lengths, widths, and shapes of blocks shall be such as are appropriate for the location and the type of development contemplated. The block lengths in residential areas shall not exceed sixteen hundred (1600) feet or twelve (12) times the minimum lot width required in the zoning district, nor be less than four hundred (400) feet in length. Wherever practicable, blocks along major arterials and collector streets shall not be less than one thousand (1000) feet in length.

iii. In long blocks, the Planning Commission may require the reservation of an easement through the block to accommodate utilities, drainage facilities, or pedestrian traffic. Pedestrian ways or crosswalks, not less than ten (10) wide, may be required by the Planning Commission through the center of blocks more than eight hundred (800) feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, or other community facilities. Blocks designed for industrial uses shall be of such length as may be determined suitable by the Planning Commission for prospective users.

e. Access to Arterials. Where a subdivision borders on or contains an existing or proposed principal arterial, the Planning Commission may require that access to such streets by limited be one of the following means:

i. The subdivision of lots so as to back onto the principal arterial and front onto a parallel local street; no access shall be provided from the principal arterial, and screening shall be provided in a strip of land along the rear property line of such lots.

ii. A series of cul-de-sacs, U-shaped streets, or short loops entered from and designed generally at right angles to such parallel street, with the rear lines of their terminal lots backing onto major arterial.

iii. A marginal access or service road (separated from the principal arterial by the planting of a grass strip and having access thereto at suitable points).

f. Street Names. The preliminary plat shall indicate names of proposed streets, however, the Planning Commission reserves the right to name streets upon recommendation of the Land Development Committee at the time of preliminary approval. Names shall be sufficiently different in sound and in spelling from street names in the City of Henderson, City of Corydon, and Henderson County so as not to cause confusion. A street which is planned as a continuation of an existing street shall bear the same name.

g. Street Signs and Traffic Signs. The applicant shall pay to the local government at the time of final subdivision approval a sum computed by the Local Government Engineer for each street name and each regulatory and warning traffic sign deemed necessary. The Local Government shall install all signs. Street name signs are to be placed at all intersections within or abutting the subdivision. The type and location of regulatory and warning traffic signs are to be as required by the Local Government Engineer. Approximate values of street and traffic signs are shown in the Fee Table in Addendum B.[2]

[2] Editor's Note: Addendum B is included as an attachment to this chapter.

h. Street lights. All new streets, sidewalks, and walkways shall be property lighted within the limits of the City of Henderson as required by the Planning Commission. Lighting shall be the minimum needed to alleviate safety concerns, and shall be of minimum intensity and directed away from adjoining properties to the greatest extent feasible. The Planning Commission shall have the authority to specify fixtures and/or lighting intensity restrictions needed to carry out the intent of this section. Street lights on all new streets, sidewalks and walkways within the limits of Henderson County or the City of Corydon, may be installed as required by the Planning Commission. Easements necessary for provision of street lighting shall be provided and shall be labeled as "street light easement."

i. Construction of Streets and Dead-End Streets.

i. Construction of Streets. The arrangement of streets shall provide for the continuation of streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection, for efficient provision of utilities, and where such continuation is in accordance with the Local Comprehensive Plan. If the adjacent property is undeveloped and the street must be a temporary dead-end the right-of-way shall be extended to the property line. A properly designed turn-around shall be constructed at the end of temporary dead-ends, to allow passenger vehicles, school buses and emergency vehicles to turn around without using driveways.

ii. Dead-End Street (Permanent). Where a street does not extend the boundary of the subdivision and its continuation is not required by the Planning Commission for access to adjoining property, the Planning Commission may require the reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic, or utilities. A cul-de-sac or turn-around shall be provided at the end of a permanent dead-end street in accordance with the Planning Commission construction standards and specifications. For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets shall, in general be limited in length in accordance with the design standards of these regulations.

2. Design Standard for Streets.

a. General. In order to provide for streets of suitable location, width, and improvement to accommodate prospective traffic and afford satisfactory access to police, firefighting, sanitation, and road maintenance equipment, and to coordinate roads as to compose a convenient system and avoid undue hardships to adjoining properties, the standards contained in Tables 5.1 to 5.8 for streets are hereby required.

(See Definition of "Density" for Low, Medium, High, Commercial and Industrial improvements)

Table 5.1 Minimum Width of Right-of-Way (in feet)
	LOW	MEDIUM	HIGH	COMMERCIAL	INDUSTRIAL
Frontage Streets	26	28	30	50	See Note 1
Cul-de-sac and Dead-end	30	40	50	50	See Note 1
Local Street	40	50	50	50	See Note 1
Collector Street	50	60	70	60	See Note 1
Minor Arterial	60	80	80	80	80
Principal Arterial	80	80	100	100	100

Note #1 - Minimum right-of-way is that right-of-way required to contain the full roadway section including all side slopes.

Table 5.2 Minimum Pavement Width (in feet including curbs)
	LOW	MEDIUM	HIGH	COMMERCIAL	INDUSTRIAL
Frontage Street	18 w/c*	20 w/c	22 w/c	30 w/c	22 (Note 2)
Cul-de-sacs and Dead-end	20 w/c*	28 w/c	32 w/c	30 w/c	22 (Note 2)
Local Street	28 w/c*	30 w/c	32 w/c	36 w/c	22 (Note 2)
Collector Street	32 w/c*	36 w/c	40 w/c	40 w/c	22 (Note 2)
Minor Arterial	40 w/c	40 w/c	44 w/c	44 w/c	44 w/c
Principal Arterial	44 w/c	48 w/c	48 w/c	48 w/c	48 w/c

w/c means "with curb"

Note 2 — With a 6' stabilized shoulder on each side. Curb and gutter and sidewalks are not required on industrial streets

*	The Planning Commission may waive this requirement when it finds, on the basis of evidence presented, that the curbs and gutter would serve no essential purpose.

Table 5.3 Design Speed (miles per hour)
	LOW	MEDIUM	HIGH	COMMERCIAL	INDUSTRIAL
Frontage Street	10	10	15	15	15
Cul-de-sacs and Dead-end	20	20	25	25	25
Local Street	25	30	30	30	30
Collector Street	30	35	35	35	35
Minor Arterial	40	40	40	40	40
Principal Arterial	40	40	40	50	50

Table 5.4 Maximum Grade (percent)
	LOW	MEDIUM	HIGH	COMMERCIAL	INDUSTRIAL
Frontage Street	10	10	8	6	6
Cul-de-sacs and Dead-end	10	10	8	6	6
Local Street	10	10	8	6	6
Collector Street	8	8	8	6	6
Minor Arterial	6	6	6	5	5
Principal Arterial	6	6	6	5	5

Minimum Grade (Percent) on all Streets: 0.25%.

Table 5.5 Minimum Radius of Curve (in feet)
	LOW	MEDIUM	HIGH	COMMERCIAL	INDUSTRIAL
Frontage Street	100	100	100	100	100
Cul-de-sacs and Dead-end	100	100	100	100	100
Local Street	100	100	100	100	100
Collector Street	100	100	100	200	200
Minor Arterial	300	300	300	400	400
Principal Arterial	500	500	500	500	500

Table 5.6 Minimum Tangents Between Reverse Curves (in feet)
	LOW	MEDIUM	HIGH	COMMERCIAL	INDUSTRIAL
Frontage Street	100	100	150	200	200
Cul-de-sacs and Dead-end	100	100	150	200	200
Local Street	100	100	150	200	200
Collector Street	100	100	150	200	200
Minor Arterial	200	200	250	300	300
Principal Arterial	300	300	350	400	400

Table 5.7 Minimum Length of Vertical Curves (in feet)
	LOW	MEDIUM	HIGH	COMMERCIAL	INDUSTRIAL
Frontage Street	100 feet, but not less than 20 feet for each percent difference in grade
Cul-de-sacs & Dead-end
Local Street
Collector Street
Minor Arterial	200 feet, but not less than 50 feet for each percent difference in grade
Principal Arterial

Table 5.8 Minimum Cul-de-sac Dimensions (in Feet)
	LOW	MEDIUM	HIGH	COMMERCIAL	INDUSTRIAL
Right-of-way Radius	35	35	40	40	40
Pavement	30	30	35	40	40
Center Island Diameter (if required)	40	40	50	60	60
Permanent	Six times minimum lot width serving no more than fourteen (14) dwelling units and not exceeding 600 feet in length

Recommended Maximum Cul-de-sac or Dead-end Street Length in feet:
LOW:	1,000*
MED:	800*
HIGH:	600*
COMM:	N/A
IND:	N/A

*	w/c: Serving no more than fourteen

b. Street Surfacing and Improvements. After sewer and utilities have been installed by the developer, the applicant shall construct curbs and gutters and shall surface to the widths prescribed in these regulations. Said surfacing shall be such character as is prescribed in the Public Improvements Specifications and shall be suitable for the expected traffic and in harmony with similar improvements in the surrounding areas. Adequate provision shall be made for culverts, drains, and bridges. All road pavement, shoulders, drainage improvement and structures, curbs, turnarounds and sidewalks shall conform to all construction standards and specifications adopted by the Planning Commission and shall be incorporated into the construction plan required to be submitted by the developer for plat approval.

c. Excess Right-of-Way. Right-of-way widths in excess of standards designated in these regulations shall be required whenever, due to topography, additional width is necessary to provide adequate earth slope; such slopes shall not be in excess of three to one.

d. Railroads and Limited Access Highways. Railroad right-of-way and limited access highways where so located as to affect the subdivision of adjoining lands shall be treated as follows:

i. In residential districts a buffer strip a minimum of twenty-five (25) feet in depth in addition to the normal depth of the lot required in the district shall be provided adjacent to the railroad right-of-way or limited access highway. This strip shall be part of the platted lots and shall be designated on the plat: "This strip is reserved for screening". The placement of structures thereon is prohibited.

ii. In districts zoned for business, commercial or industrial uses the nearest street extending parallel or approximately parallel to the railroad shall, wherever practical be at a sufficient distance from the railroad to ensure suitable lot depth.

iii. Streets parallel to the railroad when intersecting a street which crosses the railroad at grade shall, to the extent practical, be at a distance of at least 150 feet from the railroad right-of-way. Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients.

e. Intersections.

i. Streets shall be laid out as to intersect as nearly as possible at right angles. The maximum deviation from 90 degrees shall be 15 degrees. An oblique street should be curved approaching an intersection and should be approximately at right angles one hundred (100) feet prior to intersecting. Not more than two (2) streets shall intersect at any one point unless specifically approved by the Planning Commission.

ii. Proposed new intersections along one side of an existing street shall, whenever practical, coincide with existing intersections on the opposite side of such street. Street discontinuities with centerline offsets of less than 150 feet shall not be permitted. Where streets intersect arterial streets, their alignment shall be continuous. Intersections of collector and arterial streets shall be at least eight hundred (800) feet apart.

iii. Minimum curb radius at the intersection of two (2) local streets shall be at least twenty (20) feet; and minimum curb radius at an intersection involving a local street and a collector street shall be at least thirty (30) feet. Alley intersections shall have the corners cut off to permit safe vehicular movement. Where heavy truck traffic is likely, radii shall be designed for appropriately sized trucks and may require use of three-centered curves.

iv. Intersections shall be designed with a flat grade wherever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having not greater than a two percent (2%) rate for a distance of sixty (60) feet, measured from the nearest right-of-way line of the intersecting street.

v. Where any street intersection will involve earth banks or crosses vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the developer shall cut such ground, and/or vegetation including trees in connection with the grading of the public right-of-way to the extent deemed necessary to provide an adequate site distance as determined by the local government engineer.

vi. The cross-slopes on all streets, including intersections, shall be three (3%) percent or less. Local streets shall not be super elevated through curves.

f. Pavement Specifications for Residential Streets, Curbs or Gutters, Sidewalks. See Public Improvement Specifications.

3. Street Dedications and Reservations.

a. New Perimeter Streets. Street systems in new subdivisions shall be laid out so as to eliminate or avoid new perimeter half-streets. Where an existing half-street is adjacent to a new subdivision, the other half of the street shall all be improved and dedicated by the subdivider.

b. Dedication of Additional Right-of-Way. Where a subdivision borders an existing narrow street or when the Comprehensive Plan, or local transportation or street plans indicate plans for re-alignment or widening a street that would require use of some of the land in the subdivision, the applicant shall be required to dedicate on the final plat additional right-of-way necessary for the improvement of such streets.

5.4 Drainage and storm sewers

1. General Requirements. The Planning Commission shall not approve any subdivision, which does not make adequate provision for storm or flood water runoff channels or basins. The storm drainage system shall be separate and independent of the sanitary sewer system. Storm sewers where required, shall be designed as required in the Public Improvements Specifications and a copy of design computations shall be submitted along with plans. Inlets shall be provided so that surface water is not carried across or around any intersection, or for a distance of more than 600 feet in the gutter. When calculations indicate that curb capacities are exceeded at a point, no further allowances shall be made for flow beyond that point and inlets shall be used to intercept flow at that point. Surface water drainage patterns shall be shown for each lot and block.

2. Nature of Storm Water Facilities.

a. Location. The applicant may be required by the Planning Commission to carry away by pipe or open ditch any spring or surface water that may exist either previously to, or as a result of the subdivision. Such drainage facilities shall be located in the road right-of-way where feasible or in perpetual unobstructed width, and shall be constructed in accordance with the construction standards and specifications.

b. Accessibility to Public Storm Sewers.

i. Where a public storm sewer is accessible, the applicant shall install storm sewer facilities. If no outlets are within a reasonable distance, adequate provision shall be made for the disposal of storm waters, subject to the specifications of the Local Government Engineer. However, in commercial and industrial subdivisions, underground storm sewer systems shall be constructed throughout the subdivision and be conducted to an approved out-fall. Inspection of facilities shall be conducted by the Local Government Engineer.

ii. If a connection to a public storm sewer is planned, the developer shall make arrangements for future storm water disposal at the time the plat receives final approval.

c. Accommodation of Upstream Drainage Areas. Any culvert or other drainage structure shall, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Local Government Engineer shall approve the sizing of drainage structures based on the provisions of the Public Improvements Specifications assuming conditions of maximum potential watershed development.

d. Effect on Downstream Drainage Areas. The Local Government Engineer shall also study the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision. Previous drainage studies together with such other studies as shall be appropriate, shall serve as a guide to needed improvements. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the Planning Commission may withhold approval of the subdivision until provision has been made for the improvement of said potential condition as the Local Government Engineer shall determine. No subdivision shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility.

e. Areas Subject to Flooding. Any plat submitted for property in a Special Flood Hazard Area shall comply with requirements of the City of Henderson and Henderson County Flood Damage Prevention Ordinances.

f. Flood Plain Areas. The Planning Commission may, when it deems it necessary for the health, safety and welfare of the present and future population of the area and necessary to the conservation of water drainage, and sanitary facilities, prohibit the subdivision of any portion of the property which lies within the flood plain of any stream or drainage course.

3. Dedication of Drainage Easements.

a. General Requirements. Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, the developer shall provide a storm water easement or drainage right-of-way conforming substantially to the lines of such watercourse and of such width and construction as required. Open channels are preferred over storm sewers, with adequate width and cross section provided for maximum potential volume of flow, in accordance with stormwater technical standards.

b. Drainage Easements.

i. Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within the street right-of-way, unobstructed easements at least fifteen (15) feet in width for such drainage facilities shall be provided across property outside the street lines and with satisfactory access to the street. Easements shall be dedicated on the plat.

ii. When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat.

iii. The applicant shall dedicate a drainage easement for land adjacent to existing publicly maintained watercourses, to a width to be determined by the Planning Commission, or appropriate Legislative Body.

5.5 Water facilities

1. General Requirements.

a. Where a public water main is accessible, the subdivider and/or developer shall install adequate water facilities (including fire hydrants) subject to the specifications of the Planning Commission. All water main sizes shall be as specified by the appropriate water agency.

b. Prior to submittal of water main plans, the developer shall consult with the appropriate water utility to determine that adequate capacity is available to serve any planned development.

c. Water main extensions shall be approved by the officially designated agency of the State or Local Government.

d. The location of all fire hydrants, and all water supply improvements, shall be shown in the preliminary plat, and all cost of installation shall be included in the bond to be furnished by the developer.

5.6 Sanitary sewerage facilities

1. General Requirements. The developer shall install sanitary sewer facilities in a manner prescribed by the local government Public Improvement Specifications. All plans shall be designed in accordance with the rules, regulations, and standards of the Local Government Engineer, Kentucky Green River Area Health Department, and other appropriate agencies, and shall be properly approved.

2. Prior to submittal of sewer plans, the subdivider and/or developer shall seek a determination from the sewer utility that the proposed development is served by sewers of sufficient size and capacity to accommodate the effluent generated by the proposed development, in addition to the demand of existing developments, without exceeding the design capacity of the sewer lines or sewer pump stations.

3. High Density Residential and Nonresidential Districts. High density residential and nonresidential subdivisions shall be connected to public sanitary sewage systems, provided however, if such public sanitary sewage systems are not available to the subdivision property it may be subdivided only if served by a sewage treatment plant, other than septic tank system, which meets all the requirements of state and local Health Department regulations.

4. Low and Medium Density Residential District. Sanitary sewage systems shall be constructed as follows:

a. Where a public sanitary sewage system is located within one hundred (100) feet of a property line, measured along the most feasible route of connection to the sewer, the applicant shall connect with same and provide sewers accessible to each lot in the subdivision.

b. Where public sanitary sewage systems are not accessible the applicant may install individual disposal systems that meet the requirements of the Kentucky Green River Area Health Department and/or other permitting agency.

5.7 Sidewalks

1. Required Improvements.

a. Unless specifically waived by the Planning Commission, sidewalks shall be constructed within all subdivisions, and shall normally be within the dedicated non-pavement street right-of-way. Widths shall be as shown in Table 5.9. The Planning Commission shall make Findings of Fact in the consideration of sidewalk construction waiver requests, on the basis of staff recommendations and the evidence submitted, and whether there exists a substantial need for sidewalks based on the interconnectivity of existing sidewalks in the surrounding area, pedestrian access to schools, parks, shopping centers or other appropriate facilities and uses.

b. Sidewalks shall be constructed as required in the Public Improvements Specifications. ADA compliant ramps shall be constructed where required by applicable standards and regulations. A green space at least two (2) feet wide shall separate all sidewalks from adjacent curbs.

2. Pedestrian Accesses. In order to facilitate pedestrian access to schools, parks, playgrounds, or nearby streets, the Planning Commission may require perpetual unobstructed easements not less than ten (10) feet in width, five (5) feet on each lot. Easements shall be indicated on the plat.

Table 5.9 Minimum Sidewalk Requirements Sidewalk Requirements by Development Density
	Residential			Nonresidential
Nature of Street	LOW	MEDIUM	HIGH	NONRES
Local	4 ft. wide	4 ft. wide	5 ft. wide	6 ft. wide
Collector	4 ft. wide	4 ft. wide	5 ft. wide	6 ft. wide
Minor Arterial	4 ft. wide	4 ft. wide	5 ft. wide	6 ft. wide
Principal Arterial	5 ft. wide	5 ft. wide	5 ft. wide	6 ft. wide

Where sidewalks are required, they shall be constructed on both sides of the street, unless an alternate plan is approved by the Planning Commission.

5.8 Power, telephone and CATV

1. Location. The Planning Commission encourages electric, telephone, and CATV cables to be located underground throughout the subdivisions. When required, underground service connections to property lines of each platted lot shall be installed at the subdivider's expense. At the discretion of the Planning Commission, the requirement for service connections to each lot may be waived in the case of adjoining lots to be retained in single ownership and intended to be developed for the same primary use.

2. Easements.

a. Public easements across the frontage of each lot shall be provided for utilities (private and public). Such easements shall be at least 12 feet in width. In any instance where additional easements or additional width is required by the utility company, the subdivider shall be responsible for coordination with the subject utility company, and shall show such easements on the plat.

b. When easements are provided for utilities through adjoining lots, such easements shall be at least 20 feet in width (10 feet on each lot). The subdivider shall be responsible for coordination with the subject utility company, and shall show such easements on the plat.

5.9 Public uses

1. Parks, Playgrounds, and Recreation Areas. When deemed necessary by the Planning Commission the developer shall provide suitable areas for parks and playgrounds. The size and location of this open space must be approved by the Planning Commission, and will be coordinated with retention basins or other less desirable locations. However, the park reservation must have a reasonable amount of street frontage to insure ease of access. In addition, said open space shall be dedicated to the local unit of government having jurisdiction. Before the Planning Commission approves a final plat showing park reservation of land, the Planning Commission shall obtain approval of the park or land reservation from the Legislative body(ies) having jurisdiction. If the local government has not, within a period of two (2) years from the date of such dedication, commenced development of the proposed public facility, the governing body shall be required to return the dedicated area to the developer, heirs or assigns upon written notice by the developer to the governing body requesting return of the dedicated area.

2. Bike Paths and Walking Trails: Where required by the Planning Commission, developers shall provide facilities for bike paths or hiking and walking trails. The Planning Commission shall coordinate the location and extent of these facilities with the governing body having jurisdiction. Bike paths and walking trails shall be in conformance with facility plans and construction standards approved and adopted by the Legislative body.

5.10 Nonresidential subdivisions

1. General. If a proposed subdivision includes land that is zoned for commercial or industrial purposes, the layout of the subdivision with respect to such land shall make such provision as the Planning Commission may require. A nonresidential subdivision shall also be subject to all requirements of site plan approval set forth in the Zoning Ordinance.[1] Site plan approval and nonresidential subdivision plat approval may proceed simultaneously at the discretion of the Planning Commission. A nonresidential subdivision shall be subject to all requirements of these regulations, as well as such additional standards required by the Planning Commission, and shall conform to the proposed land use and standards established in the Comprehensive Plan and Zoning Ordinance.

[1] Editor's Note: See Appendix A, Zoning.

2. Standards. In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant or subdivider shall demonstrate to the satisfaction of the Planning Commission that the street parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall apply:

a. Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated.

b. Street rights-of-way and pavement shall be adequate to accommodate the type of volume of traffic anticipated to be generated thereupon.

c. Special requirements may be imposed by the local government with respect to street, curb, gutter, and sidewalk design and construction.

d. Special requirements may be imposed by the local government with respect to the installation of public utilities, including water, sewer and storm water drainage.

e. Every effort shall be made to protect adjacent residential area from potential nuisance from a proposed commercial or industrial subdivision. This includes the provision of extra depth in parcels backing up to existing or potential residential development and provisions for a permanently landscaped buffer strip when required by the Zoning Ordinance.[2]

[2] Editor's Note: See Appendix A, Zoning.

f. Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas.

5.11 Inspection of improvements

1. General Procedure and Fees: The Planning Commission shall provide for inspection of required improvements during construction and insure their satisfactory completion. Fees will be assessed as follows:

a. The applicant shall pay to the Planning Commission an inspection fee for street improvements in accordance with the fee schedule in Addendum B.[1]

[1] Editor's Note: Addendum B is included as an attachment to this chapter.

b. In Areas served by the Henderson Water Utility, the applicant shall pay to the Planning Commission an inspection fee per running foot of water line improvements, sanitary sewer improvements and storm sewer line or ditch improvements, in accordance with the fee schedule in Addendum B. Ditch improvements include any swale within a drainage easement.

c. The subdivision plat shall not be signed by the Chairman or by the Executive Director of the Planning Commission until such fees have been paid to the Planning Commission upon application for final approval.

d. CCTV inspection of sanitary sewers is based on television 10% of the main pipelines and 25% of the lateral service lines.

e. If the Planning Commission Staff finds, upon inspection by the appropriate local government engineer or utility engineer, that any of the required improvements have not been constructed in accordance with these specifications, Planning Commission staff shall notify the developer of said deficiencies, and they shall be corrected by the developer. Wherever the cost of improvements is covered by bonding, the principles and/or bonding shall be severally and jointly liable for completing the improvements and/or corrections according to regulations, standards and specifications set forth herein.

2. Subdivider and or developers shall notify the local government Engineer at the following stages of development:

a. Determine the need for sub-grade drainage;

b. Approval of sub-grade compaction;

c. Approve concrete forms after they have been set, including drains;

d. Concrete inspection at the time of pouring, including slump test;

e. Final strength test of concrete after curing.