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.
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.
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.
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.
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.
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.
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.
|
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.
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.
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.
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: