1.
For the purpose of these regulations, certain numbers, abbreviations,
terms and words used herein shall be used, interpreted, and defined
as set forth in this section.
2.
Unless the context clearly indicates to the contrary, words used
in the present tense include the future tense; words used in the plural
number include the singular; the word "herein" means "in these regulations",
the word "regulations" means "these regulations".
3.
A "person" includes a corporation, a partnership, and an incorporated
association of persons such as club; "shall" is "mandatory"; a "building"
includes a "structure" "building" or structure includes any part thereof;
"used" or "occupied" as applied to any land or building shall be construed
to include the words "intended, arranged, or designed to be used or
occupied".
1.
Agricultural Use. The use of a tract of at least ten
(10) contiguous acres for the production of agricultural or horticultural
products, including but not limited to livestock, livestock products,
poultry, poultry products, grain, hay, pastures, soybeans, tobacco,
timber, orchard fruits, vegetables, flowers or ornamental plants,
including provision for dwellings for persons and their families who
are engaged in the above agricultural use on the tract, but not including
residential building development for sale or lease to the public.
Regardless of the size of the tract of land used, small wineries licensed
under KRS 243.155 constitute an agricultural use.
Also, any tract of at least ten (10) contiguous acres used for the following activities involving horses: riding lessons; rides; training; projects for educational purposes; boarding and related care; or shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving seventy (70) or less participants.
"Agricultural Use" does not include the commercial processing,
packing, drying, storing, or canning of such commodities for market,
or making cheese or butter or other dairy products for market.
Agricultural divisions are not required to conform to the subdivision
regulations contained herein. However, all agricultural divisions
will be forwarded to the full Planning Commission for approval after
review by staff.
2.
Alley. A public or private right-of-way primarily designed
to serve as secondary access to the side or rear of those properties
whose principal frontage is on a street.
3.
Applicant. An individual, partnership, corporation or
other legal entity or agent thereof, which undertakes the activities
covered by these regulations. The term applicant includes "developer",
"owner", "subdivider", "builder", and all other persons or entities
involved, even though the persons and their precise interests may
vary at different project stages. Where the applicant is not the Owner
of Record, written consent of the Owner(s) shall be provided to Planning
Commission Staff.
4.
Arterial. A street whose primary function is to move
traffic within a region or locality at the highest level of service.
Intersections of arterials are typically equipped with traffic signals.
See the definitions for Principal Arterial and Minor Arterial.
5.
Block. A tract of land bounded by streets, or by a combination
of streets and public parks, cemeteries, railroad rights-of-way, shorelines
of waterways, or boundary lines of municipalities.
6.
"Bonded" or "Bonding" or "Performance Bond" or similar
terms, means both:
a.
A written Agreement To Timely and Satisfactorily Complete All Public
Improvements in a form approved by the Planning Commission by which
the Developer (which includes all of the owners of the Developer -
see definition of Developer) agrees, among other things, to timely
and satisfactorily complete and pay for the Public Improvements; and,
b.
A Bank Letter of Credit, Certificate of Deposit or Cash Bond payable
to the order of the Planning Commission to insure the timely and satisfactory
completion of the Public Improvements.
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"Bond" or Performance Bond' does NOT mean a traditional performance
bond issued by a corporate surety. The terms "Bond" or other similar
terms, is used in these Subdivision Regulations because such terms
are commonly referred to in our community to mean the obligation of
the Developer (whether written or otherwise) together with a Bank
Letter of Credit, Certificate of Deposit, or Cash Bond payable to
the order of the Planning Commission to insure timely and satisfactory
completion of the Public Improvements.
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7.
Building. Any structure built for the support, shelter,
or enclosure of persons, animals, chattels, or movable property of
any kind.
8.
Capital Improvements Program. A proposed schedule of
all future projects listed in order of construction priority together
with cost estimates and the anticipated means of financing each project.
All major projects requiring expenditures of public funds, over and
above the annual local government operating expenses, for the purchase,
construction or replacement of the physical assets for the community
are included.
9.
Cash Bond or Cash Escrow: A deposit of cash with the
Planning Commission or with an approved Bank or other Lending Institution,
in lieu of an amount required to assure the completion of specified
Improvements.
10.
Certificate of Deposit means: A Certificate of Deposit
issued by an FDIC insured bank with offices in Henderson County, Kentucky
or from any other FDIC insured bank with offices in Kentucky, when
such bank is specifically approved by the Planning Commission for
a particular subdivision; such Certificate of Deposit shall be payable
to the order of only the Planning Commission, with interest accruing
and being added to the principal (the interest shall not be paid to
the Developer.)
11.
Collector Street. A street intended to move traffic
from local roads to secondary arterials.
12.
Comprehensive Plan. A comprehensive plan for the development
of the City of Henderson, City of Corydon, and Henderson County, prepared
and adopted by the Planning Commission, pursuant to state law, and
including any part of such plan separately adopted and any amendment
to such plans, or parts thereof.
13.
Construction Plan. The maps or drawings accompanying
a subdivision plat and showing the specific location and design of
improvements to be installed in the subdivision in accordance with
the requirements of the Planning Commission as a condition of the
approval of the plat.
14.
Cul-de-sac. A local street with only one outlet and
having an appropriate terminal for the safe and convenient reversal
of traffic movement.
15.
Density. A measure of the proportion of dwelling units
to lot area. For purposes of these regulations, density is defined
as low, medium or high;
a.
Low Density. Residential zoning districts in which
the density is equal to or less than one dwelling unit per 40,000
square feet of lot area, excluding right-of-way.
b.
Medium Density. Residential zoning districts in
which the density is one dwelling unit for between 10,000 and 40,000
square feet of lot area, excluding right-of-way.
c.
High Density. Residential zoning districts in which
the density is equal to or greater than one dwelling unit per 10,000
square feet of lot area, excluding right-of-way.
16.
Developer means: The owner of the land proposed to be
developed or subdivided jointly and severally with all affiliates
of any entity owner (which includes all parent entities back to and
including all individual owners of the ultimate owner entity and all
subsidiary entities including all of their owners.) All of which shall
execute the Agreement To Timely And Satisfactorily Complete All Public
Improvements and all shall agree to be jointly and severally liable.
Any such party may execute by and through an agent holding unlimited
power of the principal (any agent so signing for a principal must
hold an unlimited power of attorney).
17.
Dwelling Unit. A building or portion thereof used primarily
for residential occupancy, including single-family and multi-family
units, but not including dormitories, hotels, lodging houses or bed
and breakfast inns. A single-family dwelling unit comprises one or
more rooms with non-shared bath and kitchen facilities, and is independent
and self-contained.
18.
Easement. Authorization by a property owner for the
use by another, and for specified purpose, of any designated part
of his property.
19.
Final Plat. The map or plan of record of a subdivision
and any accompanying material, as described in these regulations.
20.
Frontage. The side or sides of a lot abutting on a street
or road.
21.
Frontage Road or Street. Any street on which development
shall take place on only one side.
22.
Governing Body. The Legislative body of a local government
having the power to adopt ordinances.
23.
Health Department and Health Officer. The agency and
persons designated by the Governing Body to administer the health
regulation of the local government.
24.
Highway, Limited Access. A freeway, or expressway, providing
a throughway for traffic, in respect to which owners or occupants
of abutting property on lands and other persons have no legal right
of, access to or from the same, except at such points and in such
manner as may be determined by the public authority having jurisdiction
over such highway.
25.
Improvements. See Lot Improvements or Public Improvements.
26.
Individual Sewage Disposal System. A septic tank tile
field sewage disposal system, or any other approved sewage treatment
device.
27.
Joint Ownership. Joint Ownership among persons shall
be construed as the same owner; "constructive ownership" for the purpose
of imposing subdivision regulations.
28.
Land Development Committee. A committee established
by the Planning Commission to provide technical services to the Planning
Commission in the administration of these regulations.
29.
Letter of Credit or Bank Letter of Credit. An irrevocable
letter of credit on a form approved by the Planning Commission, in
favor of the Planning Commission issued by a bank with offices in
Henderson County, Kentucky or from any other bank with offices in
Kentucky, when such bank is specifically approved by the Planning
Commission for a particular subdivision.
30.
Licensed Professional Engineer. An engineer properly
licensed and registered in the Commonwealth of Kentucky.
31.
Licensed Professional Land Surveyor. A land surveyor
properly licensed and registered in the Commonwealth of Kentucky.
32.
Local Government Engineer. The City Engineer or County
Engineer, or their duly appointed designee, designated by the respective
Legislative Body to furnish engineering assistance and inspection
of improvements in the administration of these regulations.
33.
Local Streets. A street intended to provide access to
other streets from individual properties and to provide right-of-way
beneath it for sewer, water, and storm drainage pipes.
34.
Lot. A tract, plot, or portion of a subdivision or other
parcel of land intended as a unit for the purpose, whether immediate
or future, of transfer or ownership or for building developments.
35.
Lot Area. The amount of land contained within the property
lines of a lot, but excluding any within streets and rights-of-way.
36.
Lot, corner. A lot situated at the intersection of two
(2) streets, the interior angle of such intersection not exceeding
135 degrees.
37.
Lot Depth. The average horizontal distance between the
front and rear property lines of a lot.
38.
Lot Width (or Frontage). Generally, the distance, measured
along the front property line, between the two side property lines
of a lot.
39.
Lot Improvement. Any building, structure, place, work
of art, or other object, or improvement of the land on which they
are situated constituting a physical betterment of real property bonded
as provided in these regulations.
40.
Major Subdivision. All subdivisions not classified as
minor subdivision, including but not limited to subdivisions of more
than five (5) lots or any size subdivision requiring any new street
or extension of the local governmental facilities, or the creation
of any public improvements.
41.
Master Plan. Master plan means written and graphic material
for the proposed development of an entire tract of land, including
subdivision name, property identification, legend information, location
sketch, lot designs, boundary lines, streets, utilities, topography,
adjoining property owners and any other pertinent conditions or features
of the tract.
42.
Minor Subdivision. Any subdivision containing nor more
than five (5) lots fronting on an existing street, nor involving any
new street or road, or the extension of municipal facilities, or the
creation of any public improvements, and not adversely affecting the
remainder of the parcel or adjoining property, and not in conflict
with any provision or portion of the Comprehensive Plan, Official
Map, Zoning Ordinance, or these regulations.
43.
Nonresidential Subdivision. A subdivision whose intended
use is other than residential, such as commercial or industrial. Such
subdivisions shall comply with the applicable provision of these regulations.
44.
Off-Site. Any premises not located within the area of
the property to be subdivided, whether or not in the same ownership
of the applicant for subdivision approval.
45.
Official Map. Any map or representational data system
adopted by a local Governing Body pursuant to law or regulation showing
streets, highways, zoning, parks, utility or drainage systems and
other information therefore laid out, adopted and established by law,
and any amendments or additions thereto adopted by a Governing body.
46.
Ordinance. Any legislative action, however denominated,
of a local government which has the force of law, including any amendment
or repeal of any ordinance.
47.
Owner. Any person, firm, corporation, or any other legal
entity or entities having legal title to or proprietary interest in
land sought to be subdivided under these regulations.
48.
Planning Commission. The local government's Planning
Commission established in accordance with law. Sometimes referred
to herein as the Henderson City-County Planning Commission.
49.
Planning Commission Staff. Those persons employed by
the Planning Commission and empowered to review plats and plans, and
to assist in the enforcement of the Subdivision Regulations, including
the Executive Director and such other employees as the Planning Commission
may appoint or hire. Where reference is made to the Executive Director,
such reference shall include any duly appointed designee.
50.
Preliminary Plat. The preliminary drawing or drawings
described in these regulations, indicating the proposed manner or
layout of the subdivision to be submitted to the Planning Commission
for approval.
51.
Principal Arterial. A street intended to move through
traffic to and from such major attractors as central business districts,
regional shopping centers, colleges, universities, military installations,
major industrial areas, and similar traffic generators within the
governmental unit; and/or as a route for traffic between communities
or large areas. Generally, Principal Arterials consist of numbered
Federal or State Highways.
52.
Public Improvement. Any drainage, roadway, sidewalk,
pedestrian way, or other facility for which a local government or
public utility may ultimately assume the responsibility of maintenance
and operation. All such improvements shall be properly bonded in accordance
with the provisions of Chapter IV of these regulations. Public improvements
are inspected and recommended for acceptance by the local government
or utility engineer responsible for the specific public improvement
concerned.
53.
Public Utility. A service to the public, including sanitary
and storm sewers, water, electric power, gas, telephone, cable and
other communication means, street lighting, and any other public service.
54.
Resubdivision. A change in a map of an approved or recorded
subdivision plat if such change affects any street layout on such
map or area reserved for public use, or any lot lines; or if it affects
any map or plan legally recorded prior to the adoption of any regulations
controlling subdivisions.
55.
Right-of-way. A strip of land occupied or intended to
be occupied by a street, road or railroad, or for another special
use. The usage of the term "right-of way" for land subdivision purposes
shall mean that every right-of-way hereafter established and shown
on a final plat is to be separate and distinct from the lots or parcels
adjoining such right-of-way, and is not to be included within dimensions
or areas of such lots or parcels. Right-of-way intended for any use
involving maintenance by a public agency shall be dedicated to public
use by the maker of the plat on which such right-of-way is established.
Right-of-way width is the distance between property lines, measured
at right angles to the centerline of the street.
56.
Road, Dead-End. A road or a portion of a street with
only one (1) vehicular-traffic outlet.
57.
Sale or Lease. Any immediate or future transfer of ownership
or any possessory interest in land, including contract sales, lease,
devise, intestate succession, or transfer of an interest in a subdivision
or part thereof, whether by metes and bounds, deed, contract, plat,
map, lease, devise, intestate succession or their written instrument.
58.
Same Ownership. Ownership by the same person, corporation,
firm, entity, partnership, or unincorporated association, or entities,
or unincorporated associations, in which a stockholder, partner, or
associate, or a member of his family owns an interest in such corporations,
firm, partnership, entity, or unincorporated association.
59.
Sectionalization. Approval of a preliminary or final
subdivision plat in stages consisting of at least 10% of the total
lots proposed in the development after a master plan or preliminary
plat for the entire tract of land has been approved by the Planning
Commission. The proposed sectionalization plan shall be shown on both
the master plan and preliminary plats.
61.
Sketch Plan. A sketch prior to the preparation of the
preliminary plat (or subdivision plat in the case of minor subdivisions)
to enable the subdivider to save time and expense in reaching general
agreement with the Planning Commission, Local Government Engineer,
and other authorized persons as to the form of the plat and the objectives
of these regulations.
62.
Street Classifications. For the purpose of providing
for the development of the streets, highways, roads and rights-of-way
in the governmental unit, and for their future improvement, reconstruction,
realignment, and necessary widening, including provision for curbs
and sidewalks, each existing street, highway road, and right-of-way,
and those located on approved and filed plats, have been designated
on the Official Map of the local government and classified therein.
The classification of each street, highway, road, and right-of-way
is based upon its location in the respective zoning districts of the
local government, it's present and estimated future traffic volume
and its relative importance and function as specified in the Comprehensive
Plan The terms "street" and "road" are used interchangeable.
63.
Subdivider. An individual, partnership, corporation
or other legal entity or agent thereof, which undertakes the activities
covered by these regulations. The term subdivider includes "develop",
"owner", "applicant", "builder", and all other persons or entities
involved, even though the persons and their precise interests may
vary at different project stages. Where the subdivider is not the
Owner of Record, written consent of the Owner(s) shall be provided
to Planning Commission Staff.
64.
Subdivision. The division of a parcel of land into two
or more lots or parcels, for the immediate or future purpose of sale,
lease, or building development a division of land for agricultural
use and not involving a new street shall not be deemed a subdivision.
The term includes re-subdivision and when appropriate to the context,
shall relate to the process of subdivision or to the land subdivided;
any division or re-division of land into parcels of less than one
acre occurring within twelve (12) months following a division of the
same land shall be deemed a subdivision within the meaning of these
regulations.
65.
Subdivision, Major. See Major Subdivision.
66.
Subdivision, Minor. See Minor Subdivision.
67.
Subdivision Plat. The final map or drawing, described
in these regulations, on which the subdivider's plan of subdivision
is presented to the Planning Commission for approval and which, if
approved, may be submitted to the County Court Clerk or Recorder of
Deeds for filing.
68.
Temporary Improvement. Improvements built and maintained
by a subdivider during construction of the subdivision and prior to
release of the performance bond.
69.
Utility Engineer. An employee of a public or government-owned
utility, or their duly appointed designee, designated by the respective
utility to furnish engineering or technical assistance in the administration
of these regulations.
70.
Zoning Inspector. The person designated by the local
government to enforce the zoning ordinance.
