HomeMy WebLinkAboutOrdinances Book 14, Page 485, No Ordinance Number4$5
AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING AND
ZONING COT' ISSION RESPECTING THE ESTABLISHMENT OF RULES AND REGULATIONS
FOR THE LAYING OUT, SUBDIVIDING AND PLATTING OF LANDS WITHIN TIE CITY OF
PADUCAH, AND RELATED MATTERS; ESTABLISHING SUCH RULES AND REGULATIONS;
AND REPEARING ALL ORDINANCES AND PARTS OF ORDINANCES III CONFLICT HERE611ITH
I.
BE IT ORDAINED BY THE BOARD OF C01,110ESSIONERS OF THE CITY OF PADUCAH, 'I
KENTUCKY:
TITLE I - APPROVAL OF FINAL REPORT
SECTION 1. A resolution adopted by the Paducah Planning and Zoning Commissi
on May 31, 1961, entitled: "A RESOLUTION CONSTITUTING THE FINAL
REPORT OF THE PADUCAH PLANNING AND ZONING COMMISSION RESPECTING THE
ESTABLISI-TiTENT OF RULES AND REGULATIONS FOR THE LAYING OUR, SUBDIVIDING
AND PLATTING OF LANDS WITHIN THE CITY OF PADUCAH", is hereby
approved as the final report of said Commission respecting the
matters therein set forth.
TITLE II - ESTABLISM-ENT OF CONTROL
SECTION 2. No subdivision of land located within the Planning Area shall be
effected until the requirements and regulations set forth herein,
applicable to such subdivision, have been complied with. No plat or
replat of any such subdivision shall be recorded until it has been
approved by the Commission. In considering the approval of a plat,
the Commission shall observe and enforce the requirements, and pro- +
cedures set forth in TITLE IV and V of this ordinance, subject to the
provisions of Section 6 hereof.
TITLE III - DEFINITIONS
SECTION 3. For the purpose of this ordinance, words used in the present
tense include the future tense; the berm "shall" is always mandatory;
and the following terms, unless a contrary meaning is required by the I'
context or is specifically prescribed, shall have the meanings indicated I
ALLEY: ,I
A permanent public service way providing a secondary means of access to
abutting lands.
BUILDING SET BACK LINE:
The line nearest the street and across a lot establishing the minimum
open space to be provided between the buildings and structures and the
street line. h
CITY:
The City of Paducah, Kentucky.
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COMMISSION:
The Paducah -McCracken County Planning Commission.
COUNTY:
McCracken County, Kentucky.
CUL-DE-SAC STREET:
A short street having one end open to traffic and being permanently
terminated within the plat by a vehicle turnaround.
EASEMENT:
A grant by the property owner of the use of a strip of land by the
public, a corporation, or persons, for specified purposes.
ENGINEERING DEPARTMENT:
The Engineering Department of the City of Paducah, Kentucky.
EXECUTIVE SECRETARY:
The Executive Secretary of the Commission.
LOT:
A portion of a subdivision, or other parcel of land, intended as a uni
for transfer of ownership or for development.
MAJOR STREET PLAN
The part of the Plaster Plan, now or hereafter adopted, which sets fort
the location, alighment and dimensions of existing and proposed public
streets, highways and other thoroughfares.
MASTER PLAN:
The complete plan, or any of its parts, for the development of the
area within the jurisdiction of the Commission, prepared by the
Commission and adopted in accordance with Chapter 100 of the Kentucky
Revised Statutes, as is now or may hereafter be in effect.
PLAT:
A map or chart indicating the subdivision or resubdivision of land,
intended to be filed for record.
STREET:
A right-of-way, dedicated to the public use, which affords the princip<
means of access to abutting property.
SUBDIVISION:
The division of any parcel of land shown as a unit, as part of a unit,
or as contiguous units on the last preceding transfer 6f ownership
thereof, into two or more parcels, sites, or lots, any one of which
is less than five acres in area, for the purpose, whether immediate
or future, of transfer of ownership, provided, however, that the
division or partition of land into parcels or more than five acres not
involving any new streets or easements of access, and the sale or
exchange does not reduce yards and other open space required in the
Paducah Zoning Ordinance -1961, shall not be considered a subdivision, <
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The improvement of one or more
parcels of land for residential,
commercial or industrial structures or groups of structures involving
the subdivision and allocation of land as streets or other open spaces
for common use by owners, occupants or lease holders or as easements
for the extension and maintenance of public sewer, water, storm
drainage, or other public utilities and facilities.
TITLE IV - REQUIREANLFNTS AND PRINCIPLES
In considering I�
b the approval of a plat, the Commission shall observe
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and enforce the following requirements:
SECTION 4. DESIGN
1. No land shall be subdivided for residential use unless adequate access
to the land over improved streets or thoroughfares exists or will bell
provided by the subdivider, nor shall such land be dubdivided if it is
considered by the Commission to be unsuitable for such use by reason
of flooding or improper drainage, objectionable earth and rock
formation, topography or any other feature harmful 'to the health and
safety of possible residents and the community as a whole. J1
2. All proposed subdivisions shall conform to the Major Street Plan.
Uhenever a tract to be subdivided embraces any part of a majot
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street, boulevard, or parkway so designated on the Major Street Plan;
such
part of such proposed public way shall be platted by the sub-
divider in the location and of the vridth indicated on the btajor Streit
Plan. Due consideration shall also be given by the subdivider and
owners of adjoining g property for the provisions of school sites,
park situs, rights-of-way for public utility lines, sites for
business centers, industrial locations, and other features as indica
ted on the Master Plan.
3. Street and Alley Location and Arrangement:
a. The street and alley layour shall conform to the Major Street
Plan, shall provide access to all lots and parcels of land within
the subdivision, and shall provide for the unbroken alignment
of continuing streets at intersections.
b. Proposed streets shall be adjusted to the contour of the land soli
as to produce useable lots and streets of reasonable gradient.
c. Proposed streets siall be platted to the boundary line of the
tract to be subdivided so as to provide for normal circulation
of traffic vrithin the vicinity, as the necessity therefor is
determined by the Commission.
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d. wherever there exists a dedicated or platted portion of a street."
or alley adjacent to 'the tract to be subdivided, the other
Portion thereof shall be platted to the prescribed width.
e. Alleys shall be provided in all parts of the proposed subdivisioyi
which are designated as Business, Commercial or Industrial Zones'
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by the Paducah Zoning Ordinance. Except where justified by
extreme conditions, alleys will not be approved in those
parts of the proposed subdivision located in Residential Zones.
f. Where a subdivision abuts or contains an existing or proposed
arterial street, the Com-aission may require marginal access st-
reets, reverse frontage with screen planting contained in a
non -access reservation along the rear property line, or such ot1her
treatment as may be necessary for adequate protection of resi-
dential properties and to afford separation of through and loca
traffic.
g. Where a subdivision borders on or contains a railroad right-of-
way or limited access highway, as designated on the Major Stree
Plan, the 9ommission may require a street approximately paralle
to and on each side of such right=of-way, at a distance suitabl
for the appropriate use of the intervening land, as for park
purposes in residential districts, or for commercial or indus-
trial purposes in appropriate districts. Such distances shall
also be determined with due regard for the requirements of
approach grades and suture grade separations.
4. Minimum Street and Alley Uidths
a. Major Streets shall have widths not less than those indicated
for such streets in the P-iajor Street Plan; provided, however,
that in the event the required street width exceeds 60 feet,
the plat for a stibdivision containing such street shall provide
a 60 foot right-of-way for the street and a note that the
greater right-of-way width may be needed in the future and that
all front yard (setback) requirements established in the Paduca�
Zoning Ordinance - 1961 shall be measured from the right-of-way line
proposed for the major street in the Major Street Plan.
b. All other streets not identified as major streets on the Major
Street Plan shall have widths of not less. than fifty (50) feet.
c. Each Cul -De -Sac street shall terminate in a circular right-of-
way with a minimum diameter of one hundred (100) feet, unless
the Commission approves in lieu thereof an equally safe and
convenient form of turning space.
d. Alleys shall have a width of not less than twenty (20) feet.
5. Maximum and Minimum Grades:
a. Major streets, not greater than six (6) per cent.
b. Other streets and alleys, not greater -than eight ($10) per cent.
c. The minimum grade of any street' and gutter shall not be less
than one-half per cent
6. Vertical Curves:
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a. Major streets, minimum sight distance of six hundred (600) feet,1
measured between points five (5) feet above center line of
roadway.
b. Other streets, minimum sight- distance of three hundred (300)
feet measured between points five (5) feet above center line of
roadway.
7. Minimum Radii of Curvature On The Center Lines:
Where a deflection angle of more than five (5) degrees in the align-!
ment of a street occurs, a curve shall be introduced, providing for:
a. Major streets, a minimum radius of five Hundred (500) feet, but
should be much greater wherever possible.
b. Other streets, a minimum radius of two hundred (200) feet, but 1
should be much greater wherever possible.
8. Tangents: Between reversed curves there shall not be less than a
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minimum tangent for:
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a, i.Iajor streets, of two hundred (200) feet.
b. Other streets, of one hundred (100) feet.
9. Intersections:
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a. At street intersections, property line corners shall be rounded j
by an are at least twenty (20) feet in radius, j
b. At alley intersections, property line corners shall be rounded
by an arc at least ten (10) feet in radius.
c. All streets intersecting a major street shall do so at right
angles or as nearly so as is possible. In no case shall the
intersection angle be less than sixty (60) degrees.
10. Blocks:
a. The width of blocks shall be sufficient to allow two tiers of
lots as described in paragraph 11-a.and b. of this section.
b. Blocks shall not exceed thirteen hundred and twenty (1320) feet
in length.
c. The length of Cul -De -Sac streets shall not exceed six hundred
(600) feet.
11. Lots:
a. In any subdivision or part of a subdivision proposed for resi-
dential uses, the minimum width and area for lots shall conform
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to the requirements of the Paducah Zoning Ordinance but in no j
case shall 'the mean width be less than fifty (50) feet and -the
area contain less than six thousand (6000) square feet, except11
in those instances when the subdivision constitutes a replat j
of lands previously subdivided and the replat will produce lots i
of greater width and area than the lots contained in the original
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plat. Where property is proposed for commercial or industrial
use, the minimum permissible lot size and frontage shall be at
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the discretion of the Commission.
b, The depth -to -width ratio of the useable area of a lot shall
not exceed 3.0 to 1.0.
C. Building setback lines shall be established back of highway and
street right-of-way lines, at least to the extent prescribed fo
"Front Yard Requirements" in the Paducah Zoning Ordinance.
d. 7,9henever possible, side lines of lots shall be at right angles
or radial to street lines.
e. Every lot shall abut on a street,
f. Through lots having frontage on two (2) parallel or approximatel
parallel streets will be permitted only at the discretion of the
Commission.
g, Reversed frontage should be avoided in blocks exclusively resi-
dential.
h. Except where alleys are provided for the purpose each lot shall
have an easement for utility lines along the rear lot line and
along the side lot line where necessary. Ho easement shall be
less than six (6) feet wide on each lot, making an overall
easement width of twelve (12) feet.
i, When the terrain so requires, easements for sanitary sewers alo ;
lot lines other than the rear lot lines, shall be provided.
12. Public Spaces: Whenever a park, recreation area, school site or
other open space shown on the Idaster Plan is located in whole or in
part in the proposed subdivision, the Commission shall require the
dedication of such space or its reservation for a period of not
more than three years. Until the parts of the Plaster Plan referred
to above become effective, the Commission shall review the requirem i
for park, recreation area or school sites within or in the vicinity
of the proposed subdivision and take action with respect to the
dedication or reservation of such sites.
SECTION 5. REQUIRED IMPROVE1,TUTS
1, Monuments and Markers: The subdivider shall install monuments of
concrete cast in place with a diametEr of not less than 6" and a
length of 3611, or of precast concrete or durable stone not less
than 4" square and a length of 3611, with a copper dowel 3/8" in
diameter, at least 2?" in length imbedded so that the top of the
dowel shall he not more than " above the surface. and at the center
of the monument. Should copper not be available by reason of govern-
mental restrictions, a substitute metal shall be specified by the
Commission.
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Monuments shall be set so that the top is level with the establishe"
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grade adjoining it and placed so that the marked point on the metalll
center shall coincide exactly with the intersection of street and j
alley lines, and with the intersection of all angles in the bound—
line, and with the beginning and ending of all curves along streets
on both the outside and the inside street lines, and with the inter-,
section of lot lines with such curves.
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Lot corners not marked by concrete monuments as required above, i
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shall be marked by galvanized or wrought iron pipe, or iron or
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steel bars at least 3 feet in length and not less than five -eights
(5/8) inch in diameter, the top of the pipe or bar -to be set level
with the established grade of the ground adjoining it. All grades,
elevations, contour levels and related items required in this and
subsequent paragraphs hereof shall be based upon and shall conform
to City datum, as available, and existing City monuments and marker'.
shall be used and shall be shown on plats.
2. Streets and Alleys: The subdivider shall provide streets and alleys
completed to grades shown on plans, profiles and cross-sections
prepared by the Subdivider and approved by the Engineering Depart-
ment.
The streets shall be graded to the dimensions -required by the cors
sections prescribed for the streets in the Major Street Plan.
The streets shall be surfaced in accordance with one of -the followi'g
alternates:
Alternate A: To the dimensions required by the cross-sections
prescribed for -the streets in the Major Street Plan
except 'that the surfacing to be provided by the sub-
divider need not exceed thirty (30) feet in width. i
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The surfacing shall be placed within the prescribed
rights-of-wau so as to conform to the cross-sections
prescribed for the streets in the Major Street Plan. 11
The type of surface required of the subdivider under j
this alternate shall be at least equal to one of the
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following:
(1) Idine (9) inches of Compacted Limestone Aggregate,
base, to be constructed in two, four a -rid one -haul
(43) inch courses, plus two (2) inches of Kentucky
Highway Department Class I Bituminous Concrete
surface; or
(2) A single course of Portland Cement Concrete having:
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(a) A uniform slab thickness of seven (7) inches bar and
mesh reinforced pavement; or
(b) A mesh reinforced thickened edga slab having a minimum
thickness of si_ (6) inches; nine (9) inches at the con-
struction joint and seven (7) inches at each edge.
In case the subdivision includes streets identified as Major
Streets in the Major Street Plan for which a pavement width in
excess of thirty (30) feet is required, or where the expected
traffic load requires a higher type pavement than -the subdivide]
may select from the types listed under this Alternate A, the
City may join with the subdivider in the surfacing of such
street. The extent of the City's participation in surfacing
such streets shall be limited exclusively 'to the additional
cost resulting from the installation of street surface exceed-
ing thirty (30) feet in width, or the additional cost resulting)
from the installation of a heavier and stronger pavement surfac
than selected by the subdivider, or the additional costs result
ing from both of these conditions.
The property abutting streets surfaced in accordance i•rith this
Alternate may not be subject to assessment by the City for str
improvement purposes for a period of fifteen (15) years follow
the acceptance of the streets by the City.
Alternate B: To a minimum width of thirty (30) feet, exclusive of curb
and gutter, iri.th ten (10) inches of compacted bank gravel
aggregate. The use of this Alternate B shall not affect the
right of the City to access the property abutting the streets
for the purpose of rebuilding the street surfaces along the
more permanent lines of Alternate A.
The alleys shall be surfaced to their full width, such surfacing to be at
least equal to one of the following:
A. Eight (8) inches of Compacted Limestone Aggregate Base; or
B. Ten (10) inches of Compacted Bank Gravel; or
C. A single course of Portland Cement Concrete having a uniform slab
thickness of six (6) inches.
3. Curbs and Gutters: The subdivider shall provide curbs and gutters for all
streets in the subdivision. Curbs and gutters shall be placed in accor-
dance with the paved width prescribed for the streets in the iiajor Street
plan.
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4. Sidewalks: The subdivider shall provide the subdivision vrith concrete
sidewalks at least five (5) inches thick on each side of the street
included within the plat. Such sidewalks shall be within the street
right-of-way and shall abut the property lines.
5. Sewers: The subdivider shall provide the subdivision tirith a complete
Sanitary Sewer System which shall connect frith a sanitary sewer outlet,
or provide for the disposal of sanitary sewage by means of septic tanks
i•rith absorption system, laid out and constructed in accordance with the
requirements of the Paducah=McCracken County Health Department. Whenever
the soil conditions or other characteristics of the subdivision site are
such that the stated requirements for the installation of septic tanks
with absorption systems cannot be met, the subdivider shall provide the
subdivision irith a complete Sanitary Sewer System which shall connect wi.t.
a sanitary sewer outlet.
When a sanitary sewer system is to be installed, the City may require
sewers of a size larger than needed to service the subdivision. In such
cases the subdivider shall cooperate with the City in the design of the
sewer system and the City shall be responsible for the payment of the
additional cost of installing the larger sewer.
The plans and specifications for the installation of a Sanitary Sewer
System shall be prepared by the subdivider and approved by the Engineerin
Department. The Engineering Department shall receive one set of the plan
and specifications as approved and the City shall inspect and approve the
installation of the Sanitary Sewer System. Upon the completion of the
Sanitary Sewer System installation, the plans and specifications for such
system as built shall be filed with the Engineering Department and the
Commission.
6. Water: The subdivider shall provide the subdivision with a complete Water
Main Su pPY Y 1 System which shall be connected 'to a municipal or community
water supply system, or provide a private water supply for each lot, to be
laid out and constructed in accordance with the requirements of the I
Paducah -McCracken County Health Department. Whenever the stated require
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ments for private water supply cannot be met, the subdivider shall provide
the subdivision with a complete Water Iviain Supply System which shall be
connected with a municipal or community water supply.
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7. Storm Drainage: The subdivider shall provide the subdivision with an
adequate Storm Water Sewer System, in accordance with plans and specifica
tions prepared by the subdivider and approved by the City Engineer.
Surface inlets will be required at appropriate intervals along the street:
to remove storm water. Valley gutters crossing the street surface will
494
not be permitted. In addition, easements for surface drainage may be
required to handle storm water runoff not included in the street system.
When a storm water sewer system is to be installed, the City may require
sewers of a size larger than needed to service the subdivision. In such
cases the subdivider shall cooperate with the City in the design of the
sewer system and the City shall be responsible for the payment of the a,
itional cost of installing the larger sewer.
8. Sewer and :later - Supplemental: In the preceding paragraphs 5., 6., and
7, of this Section 5. REQUIRED IHPROVEiPZIE SITS, the phrase "the subdivider
shall provide" shall be interpreted to mean that -the subdivider shall
cause the improvements referred to therein to be installed, or whwnever
a septic tank and absorption system or a private water supple is to be
provided, that the subdivider shall require, as a condition to the sale
of each lot or parcel in the subdivision, that those facilities shall be
installed by the developer of the lots in accordance with these regula-
tions. In the case of a water main supply system to connect with and
become a part of the Paducah Water Works Company system, the installation
shall be made in accordance with the currently prevailing :later Works
Company policy with respect to such installations. In the case of a
sanitary sewer system to connect with a sanitary sewer outlet which is
a part of the City's sanitary server system, the City may join with the
subdivider in installing any interceptor type sewers or other special
equipment included within or to service the subdivision which exceeds
in size such sewers and equipment required to serve the subdivision
only, and are necessary in the interest of providing the most effective
efficient system of meeting the sanitary sewer requirements of the area.
in the case of a storm water sewer system -the City may make similar
arrangements under similar circumstances with the subdivider for the
installation of storm water sewer systems.
9. Conformance with Standard DesiEn: All installations of improvements re-
quired by this Section 5 shall conform to such applicable standard desig
and specifications as have been adopted by the Engineering Department
and approved by the Commission and are effective at the time of such
installations.
SECTION 6. VARIANCE AND MODIFICATION
1. 11here the subdivider can show that a provision of paragraphs 5, 6, 7,
8, 9, 11-b or 11-c of Section 4. or paragraphs 3 or 4 of Section 5 of
495
this ordinance would cause unnecessary hardship if strictly !
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adhered to, and where, in the opinion of the Commission, because
Of topographical or other conditions peculiar to the site, a
departure may be made without destroying tie intent of such pro-
vision, the Commission may authorize a variance. Any variance
thus authorized shall be entered in writing in the minutes of the
Commission and the reasoning on which the departure was justified,:
shall be set forth. j
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2. The requirements and principles of land subdivision, as set forthI
herein, may be modified by the Commission in the case of a sub-
division large enough to be developed as a Nieghborhood Develop-
ment Unit, as described in the Paducah Zoning Ordinance, in accor-
dance with a plan prepared by the subdivider and adopted as a part
of the Piaster Plan, provided, however, that such modification
shall not extend to the provisions hereof requiring conformance
with standard designs and specifications, as set forth in Section)
5, paragraph 9, hereof.
3. In the case of a plat constituting the replat of land into two
or more lots, all of which will be served by an existing street
or streets, the Commission shall have the power to vary the said
requirements and procedures so that substantial justice may be
done and the public interest secured.
TITLE V - PROCEDURE
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SECTION 7. PRE APPLICATION
1, Whenever any subdivision of a tract of land in excess of two acres is
proposed to be made, the subdivider or his agent shall first submit to
the Commission plans and data which shall contain information on
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existing conditions within the site and in its vicinity, and will
convey the subdividerts general intentions as to the proposed layout
and type of development. This procedure will require no formal appliil
cation, fee, or official filing of the plat, but the submittal shall
include at least the follot-ring information:
a. Sketch plan on topographic survey map of site, showing:
(1) Descriptive information
(a) Proposed name of subdivision
(b) Name and address of subdivider
(c) Notation stating acreage, scale, north point, date of
survey, certification of registered professionalengineer'I
or land surveyor, and location by legal description.
(2) Existing Conditions
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(a) Accurate boundary lines of site in solid heavy line,
with hearings and distances.
(b) Location, width and names of all existing or prior
platted streets or other public ways, railroad and
utility rights-of-waay, parks and other public open
spaces, permanent buildings or structures, and
.section and municipal corpora.t;ion lines, within or
adjacent to the tract.
(c) In case of replat, all descriptive lines of the
original plat being vacated shall be shown by dotted
lines in their proper position in relation to the new
arrangement of the plat, the new platting being clear]
shown in solid lines so as to avoid ambiguity or con-
fusion.
(d) Utilities on and adjacent to the site giving location,
size and invert elevation of sanitary, combined and
storm sewers; location and size of water mains,
location of gas lines, fire hydrants, electric and
telephone poles and street lights. If water mains ane
sewers are not on or adjacent to site, the plan shall
indicate direction and distance and size of nearest
ones, showing invert elevations of sewers, as
obtained from public records.
(e) Boundary lines of adjacent unsubdivided and subdivide
land, showing owners, names.
(f) Existing zones of proposed subdivision and adjacent tacts.
(g) Ground elevations based on USGA datum, for land that
slopes less than approximately 2 per cent, the plan
shall show sopt elevations at all breaks in grade
along drainage channels or swales, and at selected
points nor more than 100 ft. apart in all directions;
for land that slopes more than approximately 2 per cert,
plan shall show contour with an interval of not more
than five (5) feet if ground slope is regular and sue
information is sufficient- for planning purposes, or
shall show contours at intervals of not more than two
(2) feet if necessary because of irregular land or
need for more detailed data for preparing plans and
construction drawings.
(3 )
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(h) Vicinity Key Plap showing the layout of the proposed
subdivision and all existing subdivisions, street and
tract lines of acreage parcels of land immediately 11
adjoining the proposed subdivision and between it
and the nearest existing thoroughfares. it shall also'I
show how streets and alleys in the proposed subdivision
may connect with existing and proposed streets and !I
alleys in the neighboring subdivisions or undeveloped
property to produce the most advantageous development
of the entire neighboring area.
Proposed Conditions in Sketch Form
(a) Layout of streets, alleys and lots.
(b) Parcels of land proposed to be dedicated or reserved
for public use or set aside for use of property owners
in the subdivision.
b. Location Map (which map be drawn on City or Planning Area street
map or portion thereof) shoi•ring relationship of the proposed
subdivision to the following existing community facilities which
serve or influence it:
(1) Thin Traffic Arteries
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(2) Public Transportation Lines
(3) Shopping Centers
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(4) Schools
(5) Parks and Playgrounds j
(6) Hospitals
c. General subdivision information describing or outlining the exist
ing conditions of the site and the proposed development as neces�
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ary to supplement the dratirrings required above. Such information)
shall include:
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(1) Existing covenants and restrictions on site
(2) Pertinent land characteristics
(3) Availability of community facilities or utilities, or, in
their absence, satisfactory evidence that the proposed water'
supply and sewer disposal system will meet minimum require-
ments of the Paducah -McCracken County Health Department.
(4) Summary breakdown of subdivision proposals such as:
(a) Number of residential lots
(b) Typical lot widths, depths and areas
(c) Price range
(d) Business and industrial areas
(e) Playgrounds, park areas and other public areas
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(5) Intentions regarding protective covenants
(6) Proposed utilities and street improvements
2. Idithin 21 days the Commission shall inform the subdivider in
writing that the plans and data as submitted or as modified do or
do not meet the objectives of this Ordinance. In the Commission
determines that the plans and data do not meet the objectives of
the Ordinance, it shall state its reasons.
SECTION 8. APPLICATIODI
1. On reaching conclusions informally, as outlined in Section 7 of
this ordinance, or in the case of a proposed subdivision of a tract
of land containing two (2) acres or less, the subdivider shall
submit a written application for a certificate of approval and thre
(3) copies of a preliminary plat of said subdivision to the Comm-
ission, and shall file said application with the Executive Secretar
of the Commission at lease five (5) days before the meeting at
which the Commission is expected to consider said application and
plat.
2. The application shall specify the intent of the subdivider with
respect to the land use, drainage, sewage disposal, water supply,
and street improvements proposed for the subdivision; shall
include satisfactory evidence that the proposed water supply and
sewage disposal systems meet the minimum requirements for such
systems established by the Paducah -McCracken County Health Depart-
ment; shall specify any deed restrictions to be placed upon the
property to be subdivided and shall indicate the expected date of
its development.
3. At the time of filing an application for approval of a plat, the
application shall be accompanied by a deposit in the amount of
ten (+;?10) dollars - plus twenty-five (25¢) cents for each lot in
the proposed subdivision, with a minimum total charge of fifteen
('3'15) dollars - to cover the cost of checking and verifying the
proposed plat.
Upon the acceptance of the application by the Commission, the
Executive Secretary shall surrender the deposit to the Treasurer of the
Commission.
SECTION 9. PRELII•IINARY PLAT
The preliminary plat shall be prepared in accordance with TITLE Iti
and shall be presented as follows:
1. The plat shall be drawn at a scale of not less than fifty (50)
feet to one (1) inch on a sheet or sheets twenty -tiro (22) by
thirty-six (36) inches in size, unless the Commission gives pri r
approval of another scale and/or size.
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2. In addition to showing all items specified under Section 7.1,a, 11
(1) and (2), of this ordinance, the plat shall show all proposals,
including the follosring:
a. Location by legal metes and bounds description.
h. Streets, names, rights-of-way and roadway widths; approximate
grades and gradients; similar data for alleys, if any. The
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names of streets shall conform as far as Practicable to
names of corresponding streets existing in the vicinity of .'
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the subdivision. The name of a new street, not an extension
or a correspondent of an existing street, shall not duplicate
that of any existing,street in the City.
c. Other rights-of-way or easements; location, tridth, and
purpose.
d. Lot lines, lot numbers and block numbers.
e. Sites, if any, to be reserved or dedicated for parks, play-
grounds or other public uses or set aside for use of proper
owners in the subdivision.
f. Sites, if any, for multi -family dwellings, shopping centers,
churches, industry or other non-public uses, exclusive of
single family dwellings.
g. :Minimum building setback lines, dimensioned.
2. Accompanying, or as an integral part of the play, shall be a
draft of the protective covenants whereby the subdivider pro-
poses to regulate land use in the subdivision and otherwise i
Protect the proposed development.
SECTION 10. APPROVAL OF PRELIIU NARY PLAT
The Commission shall consider the application and preliminary plat
at its first regular meeting held at least ten (10) days after the
date of filing, and shall take action on the submittal within a
reasonable time thereafter. If the Commission is satisfied that
all conditions have been satisfactorily met by the subdivider, it
shall accept the application and set a date for a public hearing on ;I
the preliminary plat. I£ the Commission determines that the appli-
cation and preliminary plat have not been submitted in accordance
with the requirements of this ordinance, the Commission shall return'
the application and the filing fee to the applicant. In either case,
the Commission shall notify the subdivider in writing of the action
taken.
In the application is accepted, the Commission shall cause a notice
of a hearing thereon to be published in conformity erith KRS. The
cost of publishing the notice of the hearing shall be Paid to the
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VA
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publisher by the subdivider at the time of inserting the notice.
After the public hearing the Commission may adopt a tentative
report, giving its approval of the preliminary plat, which shall
be governed by the following qualifications:
1. The approval of a preliminary plat by the Commission is strictly
tentative, involving merely the general acceptability of the
layout as submitted.
2. The Commission may introduce such changes or revisions as are
deemed necessary to the interests and needs of the community.
3. Tentative approval shall be effective for a maximum period of ni
(9) months unless, upon application of the subdivider, the
Commission grants an extension. If the final plat has not been
recorded within this time limit, the preliminary plat must again
be submitted to the Commission for approval.
4. Any person feeling himself aggrieved at any action of the Comm-
ission upon any proposed plat or replat, may apply in writing to
the Commission for modification of the action complained of, and
such application shall be considered by the Commission, at such
reasonable time, but within 45 days, and in such manner as it
may determine.
SECTION 11. FINAL PLAT
After approval of the preliminary plat by the Commission, and the
fulfillment of the requirements of these regulations, one (1)
tracing of the final plat of the subdivision, dram with India ink
on the best grade of tracing cloth, shall be submitted to the Comm-
ission. Upon the final approval of the plat, it, or a reproduction
thereof on tracing cloth, furnished by the subdivider, shall become
the property of the Commission. If desired by the subdivider, sub-
mittal for final approval may constitute only that portion of the
approved preliminary plat which he proposes to record and develop
at the time, provided, however, that such portion conforms to all
requirements of the ordinance. The final plat shall be prepared
at the same scale as the preliminary plat and shall show:
1. Blame of Subdivision
2. Location by legal metes and bounds description.
3. The name and certification of the registered professional
engineer or land surveyor.
4. Scale shown graphically, date and northpoint.
5. Boundary of plat, based upon an accurate traverse with angular
and lineal dimensions.
6.
7.
8.
9.
10.
11.
12.
13.
14.
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Exact location, width and name of all streets within and
adjoining the plat, the exact location and widths of all
alleys, and names of owners of adjoining properties.
True courses and distances to the nearest established street
lines or official monuments which shall accurately describe I�
the location of the plat.
City, town or county lines accurately tied to the lines of the
subdivision by distances and courses.
Radii, internal angles, central angles, points of curvature and;l
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tangency;. lengths of tangents and lengths of all arcs and chordal
All easements for rights-of-way provided for public services ori
utilities.
All lot and block numbers and lines, with accurate dimentions
in feet and hundreths. Blocks in numbered additions to sub-
divisions bearing the same name may be numbered consecutively
through the several additions.
Lines of all streets, with accurate dimensions in feet and
hundredths, showing angles to street, alley and lot lines. i
Accurate location of all monuments.
Accurate outlines and legal metes and bounds descriptions of
any areas to be dedicated or reserved for public use, with the
purposes indicated thereon and in the dedication; and of any
area to be reserved by deed covenant for common uses of all
property owners.
15. Building setback lines accurately shown with dimensions. 1
16. Source of title, with proper references to Deed Books, 11ill
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Books, etc.
17. Restrictive covenants of all types which run with the land. �
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18. House numbers for properties located in the City, as obtained
fron the City Engineering Department.
19. Lot areas in square feet, and the total area within the boundar�r
of the plat.
20. Certificates for approval by the Commission and City, as
appropriate
SECTION 12. PLAT APPROVAL
1. Commission Action = :11ithin thirty (30) days after receipt of I
the final plat and all supporting material, as required by this;
ordinance, the Commission shall (a) approve the plat upon a
determination that the requirements of this ordinance have been;
complied with, or (b) disapprove it. If the Commission approves,
it shall so indicate by the certifying signatures of its Chair-;
man and secretary, and submit a final report to the Board of
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Commissioners of the City, stating that approval has
been given in accordance with this ordinance, and recommend-
ing that said Board of Commissioners accept the dedication e
all streets or other public ground shown on the plat.
The approval of the Commission shall not be deemed the City,
acceptance of the dedication of any street or other public
ground shown on the plat or set forth in the instrument.
The aforementioned approval shall not become effective for t.
purposes of recording the plat or action by the Board of
Commissioners on the acceptance of streets or other public
ground until the E:cecutive Secretary of the Commission execu'
the Plat Release in satisfaction of the requirements of
paragraph 2 of this section.
If the Commission disapproves the plat, it shall set forth
its reason in its own records and provide the applicant with
a copy.
Plat Release: The Executive Secretary of the Commission sha:
execute the Plat Release upon certification by the City Clerl
that the Board of Commissioners of the City has received
and has approved one of the following:
A. A certificate submitted by the subdivider, acceptable to
and approved by the City Engineer, stating that all
improvements and installations to the subdivision require
for its approval under the terms of this ordinance have
been made or installed in accordance with these specifics
tions; or
3. A bond which shall:
(1) Run to the City,
(2) Be in an amount determined by the Board of Commissio
ers of the City to be sufficient to complete the
improvements and installations for the subdivision
in compliance with this ordinance
(3) Be with surety by a company entered and licensed to
do business in the State of Kentucky, and
(4) Specify the time for the completion of the improveme3
and installations.
(5) Protect the Engineer and/or Contractor concerned on
payment of his charges for installation of the
improvements, monuments, etc.
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SECTION 13. PLAT CERTIFICATES
1, Each final plat submitted to the Commission for approval shall
carry a form printed thereon substantially as follows:
"CERTIFICATES I1
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UNDER AUTHORITY PROVIDED BY CHAPTER 100, KENTUCKY REVISED STATUTES,
ARID ORDINANCE ADOPTED BY THE BOARD OF C011 IISSIONERS OF THE CITY
OF PADUCAH, IENTUCKY, THIS PLAT VIAS GIVEN APPROVAL AND ACCEPTED ILS
FOLLOIJS:
Approved by the Paducah -McCracken County Planning Commission at a
meeting held
hairman
Secretary
Plat Release - City Clerks Certificate received,
Date executive Secretary, Paducah -
McCracken County Planning Commissiol"
2. Each final plat submitted to the Commission for approval shall carry
a certificate signed by a Registered Professional Engineer or Land
Surveyor in substantially the following form:
"I, (name) , hereby certify that I am a Professional
Engineer (or a Land Surveyor), licensed in compliance with the laws
of the State of Kentucky; that this plat enrrectly represents a
survey completed by me on that all the monuments
shown thereon actually exist; and that their location, size, type
and material are accurately shown (or that a bond assuring installa-
tion of such monuments has been furnished pursuant to Section 12),
(SEAL) (Signature) it
3. Each final plat submitted to the Commission for approval shall carryl'
a deed of dedication in substantially the following form,
":9e, the undersigned, (names) , oviners of the i
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real estate shown and described herein, do hereby certify that we
have laid off, platted and subdivided, and do hereby lay off, plat i
and subdivide, said real estate in accordance with the within plat.
This subdivision shall be known and designated as (name
an addition to All streets and alleys and easement
for public utilities shown and not heretofore dedicated, are hereby
dedicated, to the public.
Front and side yard building setback lines are hereby established I
as shown on this plat, between which lines and the property lines
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of the street, there shall be erected or maintained no building or
structure,
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There are strips of ground (number) feet in width as shown on this
plat and marked 'Easement', reserved for the use of public utilities an
for the installation of water and sewer mains, poles, ducts, lines and
wires, subject at all times to the proper authorities and to the
easement herein reserved. No permanent or other structures, other than
those used in connection with public utilities, are to be erected or
maintained upon said strips of land, but owners of lots in this
subdivision shall take their titles subject to the rights of the
public utilities.
(Additional dedications and protective covenants,
or private restrictions, would be inserted here upon
the subdivider's initiative or the recommendation of
the Commission; important provisions are those specifying
the use to be made of the property and, in the case of
residential use, the minimum habitable floor area.)
The foregoing covenants, (or restrictions), are to run with the land
and shall be binding on all parties and all persons claiming under
then until January 1, 19_, (a twenty-five (25) year period is
suggested), at which time said covenants, (or restrictions), shall be
automatically extended for successive periods of ten (10) years,
unless by vote of the then owners of a majority (in area) of the land
covered by these covenants, or restrictions, it is agreed to change
such covenants, or restrictions, in whole or in part. Invalidation
of any one of the foregoing covenants, or restrictions, by judgment
or court order, shall in no way affect any of the other covenants
or restrictions, which shall remain in full force and effect.
The right to enforce these provisions by injunction, together with the
right to cause the removal, by due process of law, of any structure
or part thereof erected or maintained in violation hereof, is hereby
dedicated to the public, and reserved to the several owners of the
several lots in this subdivision and to their heirs and assigns.
<•Jitness our Hands and Seals this _ day of , 19_
State of Kentucky )
) SS
County of McCracken )
Before me, the undersigned Notary Public, in and for said County and
State, personally appeared (name) (name) ,
(name) , and each separately and sevorally acknow-
ledged the execution of the foregoing instrument as his or her
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voluntary act and deed, for the purposes therein expressed, 'fitness
my Hand and Notarial Seal this day of
My Commission expires
n
Notary Public
4. Each final plat of lands which are not served by a sanitary
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sewer system shall carry a notation substantially as follows:
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"The property shown on this plat is not served by
a sanitary sewer system, and it is subject to all
lawful regulations of the Paducah -McCracken County
Board of Health, and the Kentucky State Plumbing
Code".
TITLE VI - SEPARABILITY AND OTHER MISCELLANEOUS PROVISIONS.
SECTION 14. SEPARABILITY PROVISIO?
if any section, paragraph or provision of this ordinance shall
be found to be inoperative, ineffective or invalid for any
cause, the deficiency or invalidity of such section, paragraph
or provision shall not affect any other section, paragraph or
provision hereof, it being the purpose and intent of this
ordinance to make each and every section, paragraph and pro-
vision hereof separable from all other sections, paragraphs
and provisions, so that if any section, paragraph or provision
hereof shall be found to be invalid, inoperative or ineffective,
the deficiency or invalidity thereof shall not affect any other
section, paragraph or provision hereof.
SECTION 15. SHORT TITLE
This ordinance shall be known as, and may be cited as,
"Paducah Subdivision Ordinance".
SECTION 16. REPEAL OF CONFLICTING ORDINAdCES
An ordinance entitled "API ORDINANCE APPROVING TIE FII?AL
REPORT OF THE CITY PLANNING AND ZONING COiu-ZSSION ESTABLISHI71G
RULES AND REGULATIONS RELATING TO THE LAYING OUR, SUBDIVIDING
AND PLATTING OF LATIDS 1,1TITHIN THE CITY OF PADUCAH AND WITHIN
THREE (3) AZOLES OF TIME CITY LIP•1ITS, ADOPTING SAID RUL3S AND
REGULATIONS RECCIZIENDED IN THE FINAL REPORT OF THE CITY PLA13NING
AND ZOPIING COAIIISSION, AND PRESCRIBING THE PENALTY TO BE IMPOSED
FOR THE VIOLATION OF THE RULES AND REGULATIONS SET FORTH IPI
A RESOLUTION ADOPTED BY THE CITY PLANNING AND ZONING COI•TAISSION
ON I•14RCH 26, 194511, adopted by the Board of Commissioners of the
City of Paducah on March 27, 1945, and all other ordinances or
parts of ordinances in conflict with the provisions hereof, are,
to the extent of such conflict, hereby repealed and superceded.
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SECTION 17, EFFECTIVE DATE
This ordinance shall be in full force and effect from
and after its adoption.
Mayor
Passed by the Board of Commissioners June 8, 1961
Recorded by Sarah Thurman, City Clerk, June 8, 1961
Recorded in Ordinance Book No. 14, page 485