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HomeMy WebLinkAboutOrdinance Book 18, Page 41, Ordinance Number 73-1-75441 ORDINANCE NO. 73-1-754 AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING AND ZONING COMMISSION RESPECTING THE ESTABLISHMENT OF RULES AND REGULATIONS FOR THE LAYING OUT, SUBDIVIDING AND PLATTING OF LANDS WITHIN THE CITY OF PADUCAH, AND RELATED MATTERS; ESTABLISHING SUCH RULES AND REGULATIONS AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: TITLE I - APPROVAL OF FINAL REPORT S-1. A resolution adopted by the Paducah Planning and Zoning Commission in July, 1971, entitled: A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION RESPECTING THE ESTABLISHMENT OF RULES AND REGULATIONS FOR THE PLANNING, 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 - ESTABLISHMENT OF CONTROL S-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 parcel of land 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 require- ments and procedures set forth in TITLE IV AND V of this Ordinance, subject to the provisions of Section 6 hereof. TITLE III - DEFINITIONS S-3. For the purpose of this ordinance, words used in the present tense include the future tense; the term "shall" is always mandatory; and the following terms, unless a contrary meaning is required by the context or is specifically prescribed, shall have the meanings indicated: ALLEY: A permanent public service way providing a secondary means of access to abutting lands. BLOCK: A piece of land entirely surrounded by public streets, railroad right-of-way lines, parks, streams, etc., or a combination thereof. The length of a block shall be the greatest distance between right-of-way lines on opposite ends of the block. 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. CITY: The City of Paducah, Kentucky. COMMISSION- The Paducah Planning Commission 42 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 as specified herein. EASEtr1EMT A grant by the property owner of the use of a strip of land by the public, a corporatioA, or persons, for specified purposes. ENGINEERING DEPARTMENT: The Engineering Department of the City of Paducah, Kentucky. EXECUTIVE SECRETARY: The Executive Secretary of the Commission. FLOODPLAIN: An area which would be under water as the result of the largest rainfall during a one=hundred year period. LOT: A portion of a subdivision, or other parcel of land, intended as a unit for transfer of ownership or for development and having at least one principal frontage on a right-of-way of a public street; maximum frontage to be stipulated herein. MAJOR STREET PLAN: The part of the Comprehensive Plan, now or hereafter adopted, which sets fora the location, alignment and dimensions of existing and preposed public stree+ highways and other thoroughfares. The Paducah Transportation Plan being prepared jointly by the Federal, State and local governments, when completed and updated, shall supersede the major street plan in points of conflict. COMPREHENSIVE PLAN: The complete plan, or any of its parts, for the development of the area with: 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. PLANNED UNIT DEVELOPMENT (PUD) A tract of land planned and developed as an integrated unit under single ownership or control, the development of which is unique and of substantial impact upon the surrounding area. Control in this context may, in addition to single ownership, be bested in partnerships, corporations, syndicates or trusts comprised of owners of separate and contiguous tracts of land who join together in a good and sufficient agreement for purposes of developing their respective properties according to one integrated plan. Planned developments may also include areas under diverse ownership so designated due to factors of age, obsolescence, fire hazard, building violations, or other factors which, in the judgment of the Planning Commission, indicate the need for redevelopment and for extra -ordinary coordination of the redevelopment plans. STREET: A right-of-way, dedicated to the public use, which affords the principal means of access to abutting property. 43 STREET CLASSIFICATIONS: As defined in the Paducah Transportation Study. SUBDIVISION: A division of real property, improved or unimproved, or portion thereof shown on the last preceding tax roll as a unit or as contiguous units, into two or more parcels, lots, sites or other division of land, with or without streets, for the purpose of immediate or future sale, transfer or ownership, or building development. TITLE IV - REQUIREMENTS AND PRINCIPLES In considering the approval of a plat, the Commission shall observe and enforce the following requirements: S-4. DESIGN 1. No land shall be subdivided for residential use unless ade- quate access to the land over improved streets or thorough- fares exists or will be provided by the subdivider, nor shall' such land be subdivided if it is considered by the Commission to be unsuitable for such use by reason of inclusion in a floodplain, 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. The Commission may require pre -engineering data that assures that drainage, topography, rock formation and other objectionable features may be connected by means that are technically feasible and do not do irreparable damage to the environment. All proposed subdivisions shall conform to the Major Street Plan. Whenever a tract to be subdivided embraces any part of the Major Street Plan, such part of such proposed public way shall be dedicated to public use by the subdivider in conformity with the Major Street Plan. Due consideration shall also be given by the subdivider and owners of adjoining property for the provisions of school sites, park sites, rights- of-way for public utility lines, sites for business centers, industrial locations, and other features as indicated on the Comprehensive Plan. 3. Street and Alley Location and Arrangements: a. The street and alley layout 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 so as to produce useable lots and streets of reasonable gradient: Maximum and minimum grade as specified herein. C. Proposed through streets shall be dedicated to the boundary line of the tract to be subdivided so as to provide for normal circulation of traffic within the vicinity. Cul-de-sac shall be provided as specified herein. d. Wherever there exists a dedicated or platted portion of a street or alley adjacent to the tract to be subdivided, the newly subdivided portion thereof shall be dedicated, but not to exceed one-half (1/2), of the prescribed width as shown in the Master Street Plan. e. Alleys shall be provided in all parts of the proposed sub- division which are designated as Business, Commercial or industrial zones, by the Paducah zoning ordinance. Except where justified by extreme conditions, alleys will not be approved in those parts of the proposed sub- division located in Residential zones. f. Where a subdivision abuts or contains an existing or pro- posed arterial or higher classification street, the Commis- sion may require marginal access streets reverse frontage with screen planting contained in a non -access reservation along the rear property line, or such other treatment as may be necessary for adequate protection of residential proper- ties and to afford separation of through and local traffic and adequate esthetics. g. Where a subdivision borders on or contains a railroad right-of-way or limited access highway, as designated on the Major Street Plan, the Commission may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in resi- dential districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. 4. Minimum Street and Alley Widths a. Major streets shall have dedicated right-of-way widths not less than those indicated for such streets in the Major Street Plan. b. All other streets not identified as major streets on the Major Street Plan shall have right-of-way 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 100 feet unless the Commission approves in lieu thereof an equally safe and convenient turning space. Such a Cul-de-sac shall not come closer than one hundred (100) feet from the boundary of a subdivision if its continuation is not needed for access to adjoining property. d. Alleys right-of-way shall have a width of not less than thirty (30) feet. 5. Maximum abd minimum Grades a. Major streets, collector arterials and higher classified streets, not greater than six (6) percent. b. Pther streets and alleys, not greater than ten (10) percent. c. The minimum grade of any street and gutter shall not be less than one-half (1/2) percent. 6. Vertical Curves a: Major streets, minimum sight distance of six hundred (600) feet, measured between points of four and one-half (4h) feet above center line of roadway. b. Other streets, minimum sight distance of three hundred (300) feet measured between points four and one-half (4�) 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 alignment of a street occurs, a curve shall be introduced, providing for: a. Major streets, collector, arterial and higher classified streets, a minimum radius of five hundred (500) feet, but should be much graater whenever possible. i b. Other streets, a minimum radius of two hundred (200) feet, but -hould be much greater wherever possible. 45 8. Tangents Between reversed curves there shall be not less than a minimum tangent for: a. Major streets (collector, arterial and higher classified streets), of two hundred (200) feet. b. Other streets, of one hundred (100) feet. 9. Intersections a. At street intersections, property line corners shall be rounded by an arc at least twenty (20) feet in radius of the chord of an arc fifteen (15) feet in radius. b. At alley intersections, property line corners shall be rounded by an arc at least fifteen (15) feet in radius or the chord of an arc twn (10) feet in radius. c. Due to safety considerations, all streets intersecting shall do so as near right angles, ninety (90) degrees as practical and the angle of intersections shall never vary over fifteen (15) degrees from a right angle. d. When a minor street intersects any street, (another minor street included), it is desirable that four leg intersections be avoided. The recommended minimum offset distance between the center lines of streets entering the opposite sides of a street shall be two hundred (200) feet. 10. Blocks a. The minimum width of blocks shall be sufficient to allow two tiers of lots as described in paragraph II -a and b, of this section, except as described in 3-f. 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 residential use, the minimum width and area for lots shall conform to the requirements of the Paducah Zoning Ordinance, but in no case shall the width at the building line be less than fifty (50) feet and the area contain less than six thou- sand (6000) square feet, except where plan unit development (PUD) or where town house development is approved or upon curved street sections such as cul-de-sacs where they may abut the street for less than fifty (50) feet, provided they shall have readily apparent physical means of pedestrian and vehicle access from the lot onto the street. b. Excessive depth in relation to width shall be avoided, with the proportion of 2 to 1 normally being considered as a desirable maximum for lot width of fifty (50) feet or greater. Pointed or very irregular shaped lots shall be avoided where possible. Additional depth may be required on lots which back up to railroads, major streets, rugged topography or other conflicting land uses. C. Building setback lines shall be established back of highway and street right-of-way lines, to the extent prescribed for "Front Yard Requirements" in the Paducah Zoning Ordinance and shall be at least one-half (1/2) the width of the dedicated right-of-way. d. Whenever possible, side lines of lots shall be at right angles or radial to street lines. e. Every lot shall abut on a dedicated street, except residential PUD.* * Planned Unit Development f. T:.rocgI, lots having frontage on two (2) parallel or approximately parallel streets will be permitted only at the discretion of the Commission. g. Reversed frontage with reversed access should be avoided in blocks exclusively residential except under P.U.D. 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. No easement shall be less than seven and one-half (7') feet wide on each lot, making an overall easement width of fifteen (15) feet. All above ground utilities shall be on back or side property lines where possible. i. When the terrain so requires, easements for sanitary - sewers along lot lines other than the rear lot lines, shall be provided. Drainage easements shall be shown as determined by the City Engineer. S-5 REQUIRED IMPROVEMENTS 1. Monuments and Markers The subdivider shall install monuments of concrete cast in place with a diameter of not less than six (6) inches and a length of twenty-four (24) inches, or of precast concrete or durable stone not less than four (4) inches square and a length of thirty (30) inches, with a copper, brass or lead dowel, one-half ()�) inch in diameter, at least two and one- half (2�) inches in length imbedder so that the top of the dowel shall be not more than one-fourth (;) inch above the surface and at the center of the monument. Should these metals not be available, a substitute metal shall be specified by the Commission. Monuments shall be set so that the top is level with the es- tablished grade adjoining it and placed so that the marked point on the metal center shall coincide exactly with the in- tersection of street and alley property lines, and with the beginning and ending of angles in the boundary line, and with the beginning and ending of all curves along streets on both the outside and the inside street lines, and with the -_ntersection of lot lines with such curves. Lot corners not marked by concrete monuments as required above, shall be marked by galvanized or wrought iron pipe, or iron or steel bars at least thirty (30) inches 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. 2. streets and Alleys The subdivider shall grade all streets, roads and alleys to their full widths as shown on plans, profiles and cross- sections prepared by the subdivider and approved by the City Engineer. The minimum pavement widths for streets as measured between curbs are shown in Table 1 as follows: TABLE 1 Type Street Pavement Width Between Curbs Arterial Street (80 foot ROW) 52 feet Collector Streets (70 foot ROW) 44 feet Minor Streets (50 foot ROW) 30 feet Marginal Access Streets (50 foot ROW) 27 feet Alleys, industrial and Commercial (30 foot ROW) 20 feet 47 The streets shall be surfaced by the subdivider to the dimen- sions described in Table 1 above. However, such surfacing need not exceed thirty (30) feet in width in single family residential developments. The surfacing shall be placed within the prescribed rights-of-way so as to conform to the cross-sections prescribed for the streets as required by the City Engineer. in all other zoning districts the subdivider shall meet the requirements for width of pavement as stated in Table 1. The recommended pavement thickness shall be in conformance with the current American Association of State Highway Officials standards and the pavement design reviewed ani approved by the City Engineer. The type of surface required of the subdivider for residential developme: subject to the approval by the City Engineer shall be either of the following alternates: Alternate A: Eight (8) inches of dense graded aggregate base, to be constructed in two, four (4) inch courses, twelve (12) inches of bank gravel base constructed in two, six (6) inch courses, or another base material approved by the City Engineer, plus three (3) inches of bituminous asphalt material (Li inches Class I binder - lh inches Class surface course conforming to Kentucky Department of Highways specifications). Alternate B: A single course of Portland Cement concrete having either, (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 six (6) inches; nine (9) inches at the construction joint and seven (7) inches at each edge. Alternate C: In case a single family residential subdivision includes stree identified as collector or above in the Major Street Plan, the City may join with the subdivider in the building of such streets. The extent of the City's participation in building such streets shall be limited exclusively to the additional cost resulting from the installation of street surface exceeding thirty (30) feet in width, or the additional cost resulting from the installation of a heavier and stronger pavement surface than selected by the subdivider, or the additional costs resulting from both these conditions. The alleys shall be surfaced to a width of twenty (20) feet, such surfacing to be at least equal to one of the following: A. Eight (8) inches of dense graded aggregate base; and one and one- (1�) inches Class I bituminous surface. B. A single course of Portland Cement concrete having a uniform slab thickness of six (6) inches. C. Approved by the City Engineer 3. Curbs and Gutters The subdivider shall provide curbs and gutters for all streets in the subdivision. Curbs and gutters shall be placed in accordance with the paved width prescribed for the street in the Major Street Plan. 4. Sidewalks The subdivider shall provide the subdivision with concrete sidewalks at least five (5) feet wide and 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 with a complete Sanitary Sewer System acceptable to the State and local health officials and to the Commission. The city will re- 48 imburse the subdivider for the cost of the system by collec- tions of sewer tap fees on the individual lots within the sub- division. Free and clear title to the system shall pass to the City upon the first tap on reimbursement to the development. The balance is to be payed as each tap on is made. Said balance to carry no interest. The cost of the system shall be established by the contract amount resulting from competitive bidding with payments verified by a licensed engineer. When a sanitary sewer lateral system is to be installed, the City may require sewers of a size larger than needed to service the area watershed. 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 immediate 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 City Engineer. The City Engineer shall receive one set of the plans and specifications as approved and the City shall inspect and approve the installation of the Sanitary sewer System installation, the plans and specifications for such system as built shall be filed with .the Planning Commission. Linen or milar tracings shall be furnished to the City Engineer. 6. Water The Paducah Water Works Company shall provide the sub- division with a complete Water Wain Supply System. All house lines shall be run by the Paducah Water. Works to meters in the grass plot. 7. Storm Drainage The subdivider shall provide the subdivision with an adequate Storm Water Sewer System, in accordance with plans and specifications prepared by the subdivider and approved by the City Engineer. The Planning Commission, with the approval of the Board of Commissioners, may vary the requirements for storm sewer improvements under extreme conditions. Since curb and gutters are to be provided, surface inlets will be required at appropriate intervals along the street surface to remove storm water. Valley gutters crossing the streer surface will not be permitted. In addition, easements for existing and future surface drainage may be required to handle storm water run-off not included in the street system. When a storm water drainage system is to be installed, the City may require improvements of a size larger than needed to service the area watershed. In such bases the City shall be responsible for the payment of the additional cost of installing the larger improvements. As built linen or milar tracings shall be furnished to the City Engin 8. Conformance with Standard Design All installations of improvements required by this Section shall conform to such applicable standard designs and specifications as have been adopted by the appropriate utility companies and City Engineer and approved by the Commission and are effective at the time of such installations. S-6. VARIANCE AND MODIFICATION Where the subdivider can show that a provision of paragraphs 5, 6, 7, j B. 9, 11-b or 11-c of Section 4 of paragraphs 3 or 4 of Section 5 of i this ordinance would cause extreme hardship if strictly 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 I without destroying the intent of such provision, the Commission may j authorize a variance. The suffering of financial hardship, standing alone will not be grounds for granting a variance. Any variance thus I 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. 49 2. The requirements and principles of land subdivision, as set forth herein, may be modified by the Commission in the case of a subdivision large enough to be developed as a "PUD" as described in the Paducah Zoning Ordinance -1971, in accordance with a plan prepared by the subdivider and adopted as a part of the Comprehensive 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 8, 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 pro ed res so that substantial justice may be done and the public interest secured.j 4. Fees for connecting to a sanitary sewer for which a fee has been estab- lished shall be the amount established for a single connection or service times the following factors: (a) For single family residential buildings, including those wherein a home occupation may exist, and churches, the factor shall be one. (b) For all other residential, business or industrial uses, the factor shall be the greater of: (1) The number of lots, or fractions thereof, within the actual o required building or plant site as subdivided at the time the fee was established, or (2) The number of lots in said site as subdivided at the time of connection, if the property was not subdivided at the time the fee was established, or (3) One fee for the nearest hundred f,:et of front footage on a street where lots face in a subdivided area, or along a street where a connection may be made in unsubdivided areas, provided however, there shall be at least one connection fee per connection regardless of lot size, and further provided, that the factor for determining a maximum fee shall be established by dividing the front footage by fifty feet. TITLE V - PROCEDURE 5-7. PRE -APPLICATION 1. whenever any subdivision of a tract of land is proposed to be made, the subdivider or his agent shall first submit to the Commission plans and data which shall contain information on existing conditions within the site and in its vicinity, and will convey the subdivider's general intentions as to the proposed layout and type of development. This procedure will require no formal application, fee, or official filing of the plat, but the submitta shall include at least the following information: 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 a registered land surveyor and location. (2) Existing Conditions a. Accurate boundary lines of site in solid heavy lines, with bearings and distances. b. Location, width and names of all existing or prior platted streets other public ways, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings or structures, and section and municipal corporation lines, within or adjacent to the tract. 50 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 clearly shown in solid lines so as to avoid ambiguity or confusion. 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 and sewers are not on or adjacent to site, the plan shall in- dicate 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 subdivided land, showing owners' names. f. Existing zones of proposed subdivision and adjacent tracts. g. Ground elevations based on City datum; for land that slopes less than approximately two (2) percent the plan shall show spot elevations at all brakes in grade along drainage channels or swales, and at selected points not more than one hundred (100) feet apart in all directions; for land that slopes more than approximately two (2) percent, plan shall show contours with an interval of not more than five (5) feet if ground slope is regular and such 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. h. Vicinity Key Map showing the proposed sub- division and all streets adjoining the proposed subdivision to the nearest existing thorough- fares. (3) 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. C. General subdivision information describing or outlining the existing conditions of the site and the proposed development as necessary to supplement the drawings required above. Such information shall include: (1) Existing covenants and restrictions on site. (2) Pertinent land characteristics. (3) Availability of community facilities or utilities, or, in their absence, satis- Factory evidence that the proposed water supply and sewer disposal system will meet minimum requirements of the Paducah -McCracken County Healty Department. (4) Summary br•-akdown of subdivision proposals such as: N 51 a. Number of residential lots. b. Typical lot widths, depths and acres. c. Minimum size of dwelling. d. Business and industrial areas. e. Playgrounds, park areas and other public areas. (5) Intentions regarding protective covenants. (6) Proposed utilities and street improvements. (4) Within twenty-one (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. If the Commission determines that the plans and data do not meet the objectives of the Ordinance, it shall state its reasons. However, this written notice is not a denial to receive and review the preliminary plan. S -S. APPLICATION 1. On reaching conclusions informally, as outlined in Section 7 of this Ordinance, the subdivider shall submit a written ap- plication of approval and three (3) copies of a preliminary plat of said subdivision to the Commission, and shall file said application with the Executive Secretary of the Commis- sion at least eight (B) 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 established by the Paducah -McCracken County Health Department; 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 fifteen ($15) Dollars, plus twenty-five (254) cents for each lot in excess of twenty (20) lots in the proposed sub- division, 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. S-9. PRELIMINARY PLAT The preliminary plat shall be prepared in accordance with TITLE IV 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-four (24) by thirty-six (36) inches in size, unless the Commission gives prior approval of. another scale and/or size. 2. In addition to showing all items specified under Section 7, 1, (1) and (2), of this ordinance, the plat shall show all proposals including the following: a. Location by legal metes and bounds description. b. Streets; names, rights-of-way and roadway widths; approximate grades and gradients; similar data for alleys, if any. The names of streets shall conform as far as practicable to names of corresponding streets existing in the vicinity of the subdivision. The name of a new street, not an extension or a correspondent of an existing street, shall not duplicate that of any exist- ing street in the City, including the changing of the suffix street to Avenue, Court, Lane, etc. C. Other rights-of-way or easements; location, width, and purpose. d. Lot lines and lot numbers and block number. e. Sites, if any, to be dedicated for parks, playgrounds or other public uses or set aside for use of property owners in the subdivision shall be publicly maintained. f. Sites, if any, to be reserved for parks, playgrounds, common areas, etc., set aside for use of property owners in the subdivision or acceptable legal means of maintenance and enforcement shall be approved by the Commission. g. Sites, if any, for multi -family dwellings, shopping centers, churches, industry or other non-public uses, exclusive of single family dwellings. h. Minimum building setback lines, dimensioned. 3. Accompanying, or as an integral part of the plat, shall be a draft of the protective covenants whereby the subdivider proposes to regulate land use in the subdivision and other- wise protect the proposed development. 4. The Planning Commission may require submission of additional engineering data such as storm water run-off, etc., if deemed necessary for consideration of application. 5-10. APPROVAL OF PRELIMINARY PLAT The Commission shall consider the application and preliminary plat at its first regular meeting held at least eight (8) days after the date of filing, and shall take action on the submittal within a reasonable timethereafter. 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 the preliminary plat. If the Commission determines that the ap- plication and preliminary plat have not been submitted in accordance with the requirements of this Ordinance, the Commission shall notify the subdivider in writing of the proposed changes. Unless appropriate actions are taken by the subdivider, the Commission may choose to deny the application at the public hearing. The Commission shall cause a notice of a hearing thereon to be published in conformity with ERS. The cost of publishing the notice of the hearing shall be paid to the publisher by the subdivider at the time of in- serting the notice. After the public hearing the Commission shall adopt a tentative report, recommending approval or disapproval 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 accept- ability 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 and recommended deferral of action until the next Commission meeting. 3. The denial of a preliminary play shall be based on a sub- mittance not in accordance with rhe requirements of this ordinance. 53 4. Tentative approval shall be effecting for a maximum period on nine (9) months unless, upon application of the sub- divider, the Commission grants an extension. If the final plat has not been recorded within this time limit, the pre- liminary plat must again be submitted to the Commission for approval. 5. Any person feeling himself disagreeing at any action of the Commission 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 fifteen (15) days and in such manner as it may determine. S-11. FINAL PLAT After approval of the preliminary play by the Commission, and the ful- fillment of the requirements of these regulations, one (1) mylar or linen tracin of the final plat of the subdivision shall be submitted to the Commission. Upon the final approval of the plat, it, furnished by the subdivider, shall become the property of the commission. If desired by the subdivider, submittal 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 shal be prepared at the same scale as the preliminary plat and shall show: 1. Name of subdivision. 2. Location by legal metes and bounds description. 3. The name and certification of the registered land surveyor. 4. Scale shown graphically, date and northpoint. 5. Boundary of plat, based upon an accurate traverse with bearings and lineal dimensions. 6. 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. 7. City, town or county lines accurately tied to the lines of the subdivision by distances and courses if included in subdivision. 8. All easements for right-of-way provided for public services and utilities. 9. All data on street center lines, right-fo-ways, lot lines, ease- ments, etc., shall be shown on the plat in appropriate means of measurement (bearings in degrees, minutes and seconds; distances in feet and hundreds) and all monuments clearly labeled in such a way that any survey, description or stake out can be performed with no additional information. 10. All lot numbers shall be clearly shown on the plat. 11. Accruate 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. 12. Building setback lines accurately shown with dimensions. 13. Source of title, with proper reference to Deed Book, Will Books, etc. 14. Restrictive covenants of all types which run with the land. 15. House numbers for properties located in the City, as obtained from the City Engineering Department. 16. Lot areas in square feet, and -the total area within boundary of the pla 17. Certificates for approval by the Commission and City, as appropriate. 54 5-12. PLAT APPROVAL 1. Commission Action - Within thirty (30) days after receipt of final plat and all supporting material, as required by this Commission, 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 chairman and secretary, and submit a final report to the Board of Commissioners of the City, stating that approval has been given in accordance with this ordinance, and recommending that said Board of Commissioners accept the dedication of all streets or other public ground shown on the plat. The approval of the Commission shall not be deemed the City's acceptance of the dedication of any street or other public ground shown on the plat or set forth in the instru- ment. The aforementioned approval shall not become effective for the purpose of recording the plat or action by the Board of Commissioners on the acceptance of streets or other public ground until the Execut8ve Secretary of the Commission executes 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. The applicant shall have one year from the time of preliminary plat approval to resubmit for final plat approval. 2. Plat Release - The Executive Secretary of the Commission shall execute the Plat Release upon certification by the City Clerk 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 requirements, improvements and installations to the subdivision required for its approval under the terms of this ordinance have been made or installed in accordance with these specifications; or B. A bond which shall: (1) Run to the City. (2) Be in an amount determined by the Board of Commissioners 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 (4) Specify the time for the completion of the improvements, monuments, etc. (5) Protect the engineer and/or contractor con- cerned on payment of his charges for instal- lation of the improvements, monuments, etc. 5-13. PLAT CERTIFICATES 1. Each final plat submitted to the Commission for approval shall carry a form pronted thereon substantially as follows: CERTIFICATES UNDER AUTHORITY PROVIDED BY CHAPTER 100, KENTUCKY REVISED STATUTES, AND ORDINANCES ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, THIS PLAT WAS GIVEN APPROVAL AND ACCEPTED AS FOLLaiS: 55 Approved by the Paducah Pianning Commission at a meeting held Chairman Secretary Plat Release - City Clerk's Certificate received. Date Executive Secretarjr, Paducah Planning Commission 2. Each final plat submitted to the Commission for approval shall carry a certificate signed by a Registered Land Surveyor in substantially the following form: "I, , hereby certify that I am a Registered Land Surveyor, licensed in compliance with the laws of the State of Kentucky; that this plat correctly re- presents 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 bond assuring installation of such monuments has been furnished pursuant to Section 12.)" (SEAL (Signature 3. Each final plat submitted to the Commission for approval shall carry a deed of dedication in substantially the following form: "We the undersigned (names) , owners of the real estate shown and described herein, do hereby certify that we have laid off, platted and subdivided, and do hereby lay off, plat 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 easements for public utilities shown and not heretofore dedicated, are hereby dedicated, to the public. Front and side yard building setback lines are hereby established as shown on this plat, botween which lines and the property lines of the street, there shall be erected or maintained no building or structure. There are strips of ground (number) feet in width as shown on the plat and marked "Easement", reserved for the use of public utilities and 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; im- portant 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 them until January 1, 19_, ( a twenty-five (25) year period is suggested), at which time said covenants, 56 (or restrictions) shall be automatically extended for succes- sive 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 re- served to the several owners of the several lots in this subdivision and to their heirs and assigns. Witness 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) I (name) and each separately and severally acknowledged the execution of the foregoing instrument as his or her voluntary act and deed, for the purposes therein expressed. Witness my Hand and Notarial Seal this _ day of My Commission expires Notary Public 4. Each final plat of lands which are not served by a sanitary sewer system shall carry a notation substantially as follows: "The property shown on this plat is not served by a sanitary sewer system, and it is subject to all law- ful regulations of the Paducah -McCracken County Board of Health, and the Kentucky State Plumbing Code." 5-14. SEPARABILITY PROVISION If any section, paragraph or provision of this ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or in- validity of such section, paragraph or provision shall not affect any other as tion, paragraph or provision hereof, it being the purpose and intent of this ordinance to make each and every section, paragraph and provision hereof separable from all other sections, paragraphs and provisions, so that if any section, paragraph or provision shall be found to be invalid, inoperative or ineffective, the deficiency or invalidity thereof shall not affect any other section, paragraph or provision hereof. 5-15. SHORT TITLE This ordinance shall be known as, and may be cited as, "Paducah Subdivision Regulations." 5-16 Repeal of conflicting ordinances An ordinance entitled, "AN ORDINANCE APPROVING THE FINAL REPORT OF THE CITY PLANNING AND ZONING COMMISSION ESTABLISHING RULES AND REGULATIONS RELATING TO THE LAYING OUT, SUBDIVIDING AND PLATTING OF LANDS WITHIN THE CITY OF PADUCAH, ADOPTING SAID 57 RULES AND REGULATIONS RECOMMENDED IN THE FINAL REPORT OF THE CITY PLANNING AND ZONING COMMISSION, AND PRESCRIBING THE PENALTY TO BE IMPOSED FOR THE VIOLATION OF THE RULES AND REGULATIONS SET FORTH IN A RESOLUTION ADOPTED BY THE CITY PLANNING AND ZONING COMMISSION ON MARCH 26, 1945", 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 superseded. 5-17 EFFECTIVE DATE This ordinance shall be in full force and effect from and after its adoption. Mayor Passed by the Board of Commissioners January30, 1973 Recorded by Sarah Thurman, City Clerk, January 30., 1973.