These regulations shall hereafter be known, cited and referred
to as the Subdivision Regulations of the City of Henderson, the City
of Corydon, and Henderson County, Kentucky. All persons, firms or
corporations laying out or subdividing or platting any lands within
Henderson County shall comply with the following rules and regulations
governing land subdivision. These regulations shall meet the specifications
of the Planning Commission and local governing bodies and shall be
developed and maintained by the local governing body.
1.
It is hereby the policy of the Henderson City-County Planning Commission
to consider the subdivision of land and the subsequent development
of the subdivided lots as subject to the control of the Planning Commission
for the orderly, planned, efficient, and economical development of
the City of Henderson, the City of Corydon, and Henderson County.
2.
Land to be subdivided shall be of such character that it can be used
safely for building purposes without danger to health or peril from
fire, flood, or other menace, and land shall not be subdivided until
facilities and improvements exist, or until surety is posted, including
but not limited to provisions for streets, drainage, water, wastewater,
and such other improvements as the Planning Commission may deem advisable.
In addition, open spaces and recreational areas may be required as
a part of any proposed development's master plan.
3.
The existing and proposed public improvements shall conform to and
be properly related to those shown in the Comprehensive Plan as adopted
by the Legislative bodies of the City of Henderson, the City of Corydon,
and Henderson County, and it is intended that these regulations supplement
and facilitate the enforcement of the provisions and standards contained
in the Kentucky Building and Residential Codes, Zoning Ordinances,
Comprehensive Plan, Flood Damage Prevention Ordinances, Sewer Use
Ordinances, Access Standards Manual, and any other ordinances or plans
enacted by the various Legislative bodies of the City of Henderson,
the City of Corydon, and Henderson County.
The regulations are adopted for the following reasons:
1.
To protect and provide for the public health, safety, and general
welfare of the planning unit.
2.
To guide the future growth and development of the planning unit in
accordance with the Comprehensive Plan.
3.
To provide for adequate light, air, and privacy, to secure safety
from fire, flood, and other danger and to prevent overcrowding of
land and undue congestion of population.
4.
To protect the character and the social and economic stability of
all parts of the planning unit and to encourage the orderly and beneficial
development of all parts of the planning unit.
5.
To protect and conserve the value of land throughout the planning
unit and the value of buildings and improvements upon the land and
to minimize the conflicts among the uses of land and buildings.
6.
To guide public and private policy and action in order to provide
adequate and efficient transportation, water, sewage, schools, parks,
playgrounds, recreation, and other public requirements and facilities.
7.
To provide the most beneficial relationship between the uses of land
and buildings and the circulation of traffic throughout the planning
unit, having particular regard to the avoidance of congestion in the
streets and highways, and the pedestrian traffic movements appropriate
to the various uses of land and buildings, and to provide for the
proper location and width of streets and building lines.
8.
To establish reasonable standards of design and procedures for subdivisions,
and resubdivisions, in order to further the orderly layout and use
of land, and to insure proper legal descriptions and monumenting of
subdivided land.
9.
To insure that public facilities are available and will have a sufficient
capacity to serve the proposed subdivision.
10.
To prevent the pollution of air, streams, and ponds; to assure the
adequacy of drainage facilities; to safeguard the water tables; and
to encourage the wise use and management of natural resources throughout
the planning unit in order to preserve the integrity, stability, and
beauty of the community and the value of the land.
11.
To preserve the natural beauty and topography of the planning unit
and to insure appropriate development with regard to these natural
features.
12.
To provide for open spaces through the most efficient design and
layout of the land, including the use of average density of land as
established in the zoning ordinance and/or regulation of the planning
unit.
By authority of resolution of the Planning Commission of Henderson-Henderson
County (hereinafter referred to as "Planning Commission") adopted
pursuant to the powers and jurisdictions vested through K.R.S. 100.273,
K.R.S. 100.277 and K.R.S. 100.285 and other applicable laws, statutes,
ordinances, and regulations of the Commonwealth of Kentucky, the Planning
Commission does hereby exercise the power and authority to review,
conditionally approve, postpone, approve, disapprove and revoke plats
for subdivision of land within the jurisdictional limits of the planning
unit which shows lots, blocks, or sites with or without new streets
or highways.
1.
These subdivision regulations shall apply to all subdivision of land,
as defined herein, located within the jurisdictional limits of the
planning units.
2.
No land shall be subdivided within the jurisdictional limits of the
planning unit until:
a.
The subdivider or his agent shall submit a preliminary plat and a
final plat of the parcel to the Planning Commission through its designated
Staff;
b.
Obtain approval of the necessary plats required by the regulation
contained herein from the Planning Commission, and;
c.
The approved final plat is recorded in the office of the County Court
Clerk of Henderson County.
3.
No building permit or certificate of occupancy shall be issued for
any parcel of land or lot which was created by subdivision after the
effective date of these regulations, where said parcel or lot is not
in conformity with the provisions of these regulations, and no construction
of any public or private improvements shall take place or commence
except in conformity with these regulations.
In order that land may be subdivided in accordance with these
purposes and policy, these subdivisions regulations are hereby adopted.
1.
In their interpretation and application, the provisions of these
regulations shall be held to be the minimum requirements for the promotion
of the public health, safety, and general welfare.
2.
Conflict with Public and Private Provisions.
a.
Public Provisions. These regulations are not intended to interfere
with, abolish, or annul any other ordinance, rule, regulation or statute,
or other provision or law. Where provisions of these regulations,
or other ordinances, rules, or regulations are more restrictive, the
higher standards shall apply.
b.
Private Provisions. These regulations are not intended to abolish
or impair any easement, covenant, deed restriction, or any other private
agreement or restriction where the private agreement, restriction,
or covenant imposes higher standards or is more restrictive, so long
as the more restrictive standards are consistent with the Planning
Commission or Legislative bodies' regulation. Where the provisions
of an easement, covenant, or private agreement or restriction impose
duties and obligations that are more restrictive or have higher standards
than that required by the Planning Commission, or the Legislative
bodies of the City of Henderson, the City of Corydon, or Henderson
County, then such private provisions shall be operative and supplemental
to these regulations and determinations made thereunder.
c.
Enforcement of Private Provisions. When the provisions of an easement,
covenant, private agreement, or other restriction applies, nothing
in these regulations shall provide for the enforcement of said easements,
covenants, private agreements, or regulations by the City of Henderson,
the City of Corydon, or Henderson County. Enforcement of such provisions
shall be initiated by the parties thereto through appropriate civil
action.
3.
Severability. If any part or provision of these regulations or application
thereof to any person or circumstances is adjudged invalid by any
court of competent jurisdiction, such judgment shall be confined in
its operation to the part, provision, or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of these
regulations or the application thereof to other persons or circumstances.
The Planning Commission hereby declares that it would have enacted
the remainder of these regulations, even without any such part, provision,
or application.
These regulations shall not be construed as abating any action
now pending under, or by virtue of, prior existing subdivision regulations,
or as discontinuing, abating, modifying, or altering any penalty accruing
or about to accrue, or as affecting the liability of any person, firm,
or corporation, or as waiving any right of the various Legislative
bodies of the City of Henderson, the City of Corydon, or Henderson
County under any section or provision existing at the time of adoption
of these regulations, or as vacating or annulling any rights obtained
by any person, firm, or corporation, by lawful enaction of the various
Legislations bodies of the City of Henderson, the City of Corydon,
or Henderson County except as shall be expressly provided for in these
regulations.
Upon adoption of these regulations according to law, the Subdivision
Regulations of Henderson, adopted on April 4, 1978, as amended, are
hereby repealed except such sections expressly retained herein.
For the purpose of providing for the health, safety and general
welfare of the public, the Planning Commission may from time to time
amend the provisions imposed by these regulations. Public hearings
on all proposed amendments shall be held by the Planning Commission
in the manner prescribed by law.
Regulations of the subdivision of land and the attachment of
reasonable conditions to land subdivision is an exercise of valid
police power delegated by the State of Kentucky to the Henderson City-County
Planning Commission. The developer has the duty of compliance with
reasonable conditions laid down by the Planning Commission for design,
dedication, improvement, and restrictive use of the land so as to
conform to the physical and economical development of the Henderson
City-County Planning Commission and to safety and general welfare
of the future plot owners in the subdivision of the community at large.
1.
Procedure for Resubdivision. For any change in a map of an approved
or recorded subdivision plat, if such change affects any street layout
shown on such a map, or an area reserved thereon for public use, or
any lot line, or if it affects any map or plan legally reached prior
to the adoption of any regulations controlling subdivision, such parcel
shall be approved by the Planning Commission by the same procedure,
rules, and regulations as for a subdivision.
2.
Procedure for Subdivision Where Future Resubdivision Is Possible.
Whenever a parcel of land is subdivided and the subdivision plat shows
one or more lots containing more than the minimum lot size, which
could allow said lots to eventually be resubdivided into smaller lots,
the Planning Commission may require that any such major subdivision
allow for the future opening of streets and the ultimate extension
of such streets may be made a requirement of plat approval. Where
future resubdivision or adjacent subdivision development is possible,
the Planning Commission may require provision for drainage or utility
easements to allow interconnection of services, and future drainage
or utility improvements may be made a requirement of plat approval.
General. Where the Planning Commission finds that extraordinary
hardships or practical difficulties may result from strict compliance
with these regulations and/or the purposes of these regulations may
be served to a greater extent by an alternative proposal, it may approve
variances to these subdivision regulations so that substantial justice
may be done and the public interest secured, provided that such variance
shall not have the effect of nullifying the intent and purpose of
these regulations; and further provided the Planning Commission shall
not approve variances unless it shall make findings based upon the
evidence presented to it in each specific case that:
1.
The granting of the variance will not be detrimental to the public
safety, health or welfare or injurious to other property.
2.
The request for the variance is based upon the individual character
of the land and in the opinion of the Planning Commission; the proposal
represents an approved innovative development, not applicable generally
to other property.
3.
Because of particular surroundings, shape, or topographical conditions
of the specific property involved, a particular hardship to the owner
would result as distinguished from a mere inconvenience, if the strict
letter of these regulations were carried out.
4.
Financial disadvantage to the property owner is not conclusive proof
of inconvenience or hardship within the purpose of these regulations.
5.
The characteristics must be unique to the property and not be shared
by adjacent parcels.
6.
The unique characteristic must pertain to the land itself, not to
its inhabitants, or the property owners.
8.
Conditions. In approving variances, the Planning Commission may require
such conditions as will, in its judgment, secure substantially the
objective of standards or requirements of these regulations.
9.
Procedures. A petition for any variance shall be submitted in writing
by the subdivider at the time when the preliminary plat is filed for
the consideration of the Planning Commission. The petition shall state
fully the grounds for the application and the facts relied upon by
the petitioner.
"Subdivision" means the division of a parcel of land into two
or more lots or parcels; for the purpose, whether immediate or future,
of sale, lease or building development or if a new street is involved,
any division of a parcel of land; providing that a division of land
for agricultural use and not involving a new street shall not be deemed
a subdivision. The term includes resubdivision and when appropriate
to the context, shall relate to the process of subdivision or to the
land subdivided; any division or redivision of land into parcels occurring
within twelve (12) months following a division of the same land shall
be deemed a subdivision within the meaning of this act. K.R.S. 100.111(22).
1.
General Enforcement. This section follows K.R.S. 100.277, et. seq.
a.
It shall be the duty of the Staff to the Planning Commission to enforce
these regulations and to bring to the attention of the Planning Commission
any violations or lack of compliance herewith.
b.
No person or his agent shall subdivide any land, before securing
the approval of the Planning Commission of a plat designating the
areas to be subdivided, and no plat of a subdivision of land within
jurisdiction of the City of Henderson, the City of Corydon, and Henderson
County shall be recorded by the County Court Clerk until the plat
has been approved by the Commission and the approval entered thereon
in writing by the Chairman, Secretary, or other duly authorized officer
of the Commission.
c.
No person owning land composing a subdivision, or his agent, shall
transfer or sell or agree to sell any lot or parcel of land located
within a subdivision by reference to, or by exhibition, or by any
other use of a plat of such subdivision, before such plat has received
final approval of the Planning Commission and has been recorded. Any
such instrument of transfer, sale or contract shall be void and shall
not be subject to be recorded, but all rights of such purchaser to
damages are hereby preserved. The description of such lot or parcel
by metes and bounds in any contract or instrument of transfer or other
document used in the process of selling or transferring same shall
not exempt the person attempting to transfer from penalties provided
or deprive the purchaser of any rights or remedies he may otherwise
have. Provided, however, any person, or his agent may agree to sell
any lot or parcel of land located within a subdivision by reference
to an unapproved or unrecorded plat or by reference to a metes and
bounds description of such lot and any such executory contract of
sale or option to purchase may be recorded and shall be valid and
enforceable so long as the subdivision or land contemplated is lawful
and the subdivision plat subsequently receives final approval of the
Planning Commission.
d.
Any street or other public ground, which has been dedicated, shall
be accepted for maintenance by the legislative body after it has received
final plat approval by the Planning Commission. Any street that has
been built in accordance with specified standards set forth in these
subdivision regulations shall be by operation of law, automatically
accepted for maintenance by a legislative body forty-five (45) days
after inspection and final approval.
2.
Violations and Penalties. Any person, owner, or agent who violates
these regulations may, upon conviction, be fined not less than one
hundred dollars ($100.00) no more than five hundred dollars ($500.00)
for each lot or parcel which was the subject of sale or transfer,
or a contract for sale or transfer.
3.
Revocation of Subdivision Plats. A subdivision may be revoked by
the Planning Commission, under rules established in K.R.S. 100.285.
a.
All owners of land comprising the subdivision must request revocation
in writing to the Planning Commission.
b.
All owners must state under oath that no person has purchased a lot
shown on the plat.
c.
Application must include signed statements from each entity to which
on offer of dedication of any public or private facility, easement
or right of way was made on the plat, approving the revocation.
d.
Upon approval of the revocation by the Planning Commission, a notation
shall be made on the margin of the recorded plat, stating that the
plat has been revoked. This notation shall be signed and dated by
the Planning Commission Chairman or other duly authorized officer
of the Commission.
