Kentucky Statutes 100.281 – Contents of subdivision regulations
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Subdivision regulations shall be based on the comprehensive plan, in those counties which have adopted a comprehensive plan, and all subdivision regulations shall contain:
(1) The procedure for the submission and approval of preliminary and final plat and the recordation of final plats. The commission may delegate to its secretary or any other officer or employee the power to approve plats in accordance with the commission’s adopted requirements, but all plats, preliminary and final, shall be approved or disapproved within ninety (90) days;
(2) Specifications for the contents and the format of all subdivision plats;
(3) Requirements for the design of streets, blocks, lots, utilities, recreation areas, other facilities, hazardous areas, and areas subject to flooding. Such requirements may deal with all forms of land use including residential, commercial, industrial, and other uses. If the subdivision plat includes a proposal for any street to cross a jurisdictional line out of the planning unit, the commission shall require that notice of the proposal be given to the planning commission serving the planning unit into which the road will cross. If there is no planning unit for that area, the notice shall be given to the affected city or county government;
(4) Specifications for the physical improvements of streets, utilities, and other facilities, and the extent to which they shall be installed or dedicated as conditions precedent to approval of any plat, including the provision of good and sufficient surety to insure proper completion of physical improvements; and
(5) Specifications for the extent to which land is to be used for public purposes shall be reserved as a condition precedent to approval by the commission of any subdivision plat. The planning commission may require a reservation, not to exceed two (2) years, for parks, open space, school, and other public uses.
(6) The text may empower the planning commission to hear and finally decide applications for variances when a proposed development requires a subdivision and one (1) or more variances.
(7) In any regulation adopted pursuant to subsection (6) of this section:
(a) The text shall provide that the planning commission shall assume all powers and duties otherwise exercised by the board of adjustment pursuant to KRS
100.231, 100.233, 100.237, 100.241, 100.243, 100.247, and 100.251 in a circumstance provided for by subsection (6) of this section; and
(b) The text shall provide that the applicant for the subdivision at the time of the filing of the application for the subdivision may elect to have any variance for the same development to be heard and finally decided by the planning commission at the same public hearing set for the subdivision, or by the board of adjustment as otherwise provided for in this chapter.
Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 362, sec. 11, effective July 13, 1990. — Amended
1988 Ky. Acts ch. 144, sec. 6, effective July 15, 1988. — Amended 1986 Ky. Acts ch.
25, sec. 2, effective July 15, 1986; and ch. 141, sec. 33, effective July 15, 1986. — Created 1966 Ky. Acts ch. 172, sec. 64.
(1) The procedure for the submission and approval of preliminary and final plat and the recordation of final plats. The commission may delegate to its secretary or any other officer or employee the power to approve plats in accordance with the commission’s adopted requirements, but all plats, preliminary and final, shall be approved or disapproved within ninety (90) days;
Terms Used In Kentucky Statutes 100.281
- Board: means the board of adjustment unless the context indicates otherwise. See Kentucky Statutes 100.111
- City: includes town. See Kentucky Statutes 446.010
- Commission: means planning commission. See Kentucky Statutes 100.111
- Plat: means the map of a subdivision. See Kentucky Statutes 100.111
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Street: means any vehicular way. See Kentucky Statutes 100.111
- Subdivision: means the division of a parcel of land into three (3) or more lots or parcels except in a county containing a city with a population equal to or greater than eight thousand (8,000) based upon the most recent federal decennial census or in an urban-county government or consolidated local government where a subdivision means the division of a parcel of land into two (2) or more lots or parcels. See Kentucky Statutes 100.111
- Unit: means planning unit. See Kentucky Statutes 100.111
- Variance: means a departure from dimensional terms of the zoning regulation pertaining to the height, width, length, or location of structures, and the size of yards and open spaces where such departure meets the requirements of KRS
100. See Kentucky Statutes 100.111
(2) Specifications for the contents and the format of all subdivision plats;
(3) Requirements for the design of streets, blocks, lots, utilities, recreation areas, other facilities, hazardous areas, and areas subject to flooding. Such requirements may deal with all forms of land use including residential, commercial, industrial, and other uses. If the subdivision plat includes a proposal for any street to cross a jurisdictional line out of the planning unit, the commission shall require that notice of the proposal be given to the planning commission serving the planning unit into which the road will cross. If there is no planning unit for that area, the notice shall be given to the affected city or county government;
(4) Specifications for the physical improvements of streets, utilities, and other facilities, and the extent to which they shall be installed or dedicated as conditions precedent to approval of any plat, including the provision of good and sufficient surety to insure proper completion of physical improvements; and
(5) Specifications for the extent to which land is to be used for public purposes shall be reserved as a condition precedent to approval by the commission of any subdivision plat. The planning commission may require a reservation, not to exceed two (2) years, for parks, open space, school, and other public uses.
(6) The text may empower the planning commission to hear and finally decide applications for variances when a proposed development requires a subdivision and one (1) or more variances.
(7) In any regulation adopted pursuant to subsection (6) of this section:
(a) The text shall provide that the planning commission shall assume all powers and duties otherwise exercised by the board of adjustment pursuant to KRS
100.231, 100.233, 100.237, 100.241, 100.243, 100.247, and 100.251 in a circumstance provided for by subsection (6) of this section; and
(b) The text shall provide that the applicant for the subdivision at the time of the filing of the application for the subdivision may elect to have any variance for the same development to be heard and finally decided by the planning commission at the same public hearing set for the subdivision, or by the board of adjustment as otherwise provided for in this chapter.
Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 362, sec. 11, effective July 13, 1990. — Amended
1988 Ky. Acts ch. 144, sec. 6, effective July 15, 1988. — Amended 1986 Ky. Acts ch.
25, sec. 2, effective July 15, 1986; and ch. 141, sec. 33, effective July 15, 1986. — Created 1966 Ky. Acts ch. 172, sec. 64.