Chapter 7 Subdivision Regulations Part 8 Minor Subdivisions Page 2 of 2

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1. All signatures shall be made in ink on all prints of the original plat being submitted.
2. The Planning Commission Certificate of Approval shall be on all pages of the plat which contain the drawing.
3. If a street shown on a minor plat is not a public street or a private street created by minor plat, then the applicant must supply the following documentation, or other documentation approved by the Commission’s legal counsel:
  1. A copy of the deed(s) or other recorded document(s) originally creating the street which gives access to a recognized street.
  2. A statement by an attorney or title insurance company that a title examination reveals that such street has existed continuously since before June 17, 1954, for the benefit of applicant's property.
  3. A statement by a surveyor or engineer that the street referred to in the deed(s) submitted and referred to in the legal opinion, is the same as the street shown on the proposed plat as providing frontage to the resulting lots and access to a public street.
If the total extent of the land to be shown on the plat cannot be shown at an appropriate scale on a single 8 1/2" x 14" sheet and/or use of a residual statement is not possible, then the plat may be composed of two drawing sheets. If two drawing sheets are used, then each drawing sheet shall contain the appropriate match line(s) relating it to the other drawing sheet, each sheet shall contain a key or index map showing the entire site, each sheet shall bear the land surveyor's signature and seal, and each sheet shall contain a Certificate of Approval.

7.8.30 Certificates

The plat shall include a certificate of ownership and dedication, a certificate of acknowledgment, a land surveyor's certificate, a certificate of approval, a zoning conformance certificate, certificates reserving easements for utilities if applicable, residual land certificates if applicable, and certificate of sewer extension if applicable. All certificates shall conform to Article 9 hereof unless otherwise required by the Commission. For large format minor plats, all certificates are required on the face of the plat.
The land surveyor's signature and seal on the plat shall apply to all certificates and/or statements (except the Certificate of Approval) on the face of the plat.

7.8.40 Dedications

Unless waived in writing by the Director of Public Works and the Director of Planning and Design Services, the subdivider shall make all dedications as required under Chapter 6, Part 2, before the Commission may approve the minor plat.

7.8.50 Minimum Physical Improvements for Private Roadways

Minimum physical improvements for private roadways shall be as provided in Chapter 6 Part 2.

7.8.55 Measurement of Setback

All applicable form district regulations as pertaining to minimum setback requirements shall be interpreted as being measured from the nearest boundary of the private access easement.

7.8.60 Lots

All new lots created by any subdivision of land hereafter proposed shall conform to the minimum requirements of the applicable zoning and form district regulations and shall also conform to the following standards of design:

Lot Constraints. Excessive depth in relation to width shall be avoided, with a proportion of five to one normally being considered as a desirable maximum for lot width of sixty feet or greater. Pointed or very irregularly shaped lots and flag lots (except where required for utility connection) shall be avoided where possible. Additional depth shall be required on lots which abut to railroads, have frontage on major streets, or adjoin other conflicting land uses, as specified in applicable form districts. In case of unusual soil conditions or physical factors, including but not limited to steep slopes, sinkholes, and/or the location of any portion of the property in the flood plain, which may impair the health and safety of the persons in the neighborhood in which a subdivision may be located, the Commission may prohibit or limit disturbance of environmentally constrained sites as defined in Chapter 4 Part 6. Division staff may approve lot shapes which vary from these general guidelines.
Access.
1. All lots for any uses or structures shall have access to and abut a public or private street for at least twenty five feet. No private street shall be used to provide access to more than twenty lots.
2. All private streets, frontage roads or ingress/egress easements providing access to residential, commercial, industrial, or other properties or buildings shall be named in accordance with Chapter 6 Part 3.
3. Any minor plat submitted which creates, extends, widens, or otherwise modifies a private street or submitted for creation or modification of any lot(s) fronting on a private street, shall be accompanied by a properly prepared deed of restrictions for maintenance of the street which deed shall have been reviewed and approved by the Planning Commission's legal counsel (or authorized designee) prior to recording.
4. Direct access to major arterial, minor arterials and collector level roadways from individual single family lots is prohibited.
Continuation of existing street. Subdivisions shall be designed to ensure that existing public and private streets which stub into the subject property can be extended through the subject property. For subdivisions creating any lot that abuts or has access to any proposed stub street extension, right-of-way shall be dedicated sufficient to accommodate the extension of the street, and the street shall be constructed in accordance with the requirements of this Land Development Code for constructing public or private roads.

7.8.70 Easements

All easements shall be dedicated and shall conform to the following standards of design:

Utility Easements An easement for utilities, at least ten feet wide, may be required along any lot line or across lots whenever necessary to provide for extension of utility lines.
Construction Easements Whenever a proposed subdivision affects an existing or proposed road in such a way that will necessitate cuts and fills in adjoining property, construction easements on such adjoining property shall be required prior to recording of the plat.
Sewer and Drainage Easement Whenever necessary, sewer and drainage easements shall be provided, having adequate width for workmen with necessary equipment to install, maintain, or repair sewer and drainage facilities.

7.8.80 Large Format Minor Subdivision Plats

Minor subdivision plats exceeding 50 acres in area, consisting of more than two pages, or that contain an irregular configuration which staff determines cannot be adequately shown on legal-sized sheets, must be submitted as large format minor subdivision plats.

The large format minor subdivision plat shall be drawn on Mylar at a scale of not more than one hundred feet to the inch. One copy, as required by the Division’s application process, shall be submitted to Planning and Design Services. In case of an unusually large subdivision, division staff may modify this requirement and allow a scale of not more than two hundred feet to the inch. All distances and angles shall be drawn large enough to be legible after photo-reduction of the plat by 50%.

No sheet of the record plat may exceed 24 inches by 36 inches, unless the Planning Commission and the County Clerk has agreed in writing to record it. A two-inch by three inch space shall be reserved in the lower right hand corner for the County Clerk’s stamp.

All other sections of Part 8 shall apply to the large format minor subdivision plats.

7.8.85 Minor Subdivision Plats Requiring Road Improvements

Minor Plats creating lots with frontage on existing public or private streets that do not meet the pavement width standards specified in 7.8.12.E., above and therefore require improvements to the existing street(s) shall conform to the following standards:

The minor subdivision plat shall be drawn on mylar at a scale of not more than one hundred feet to the inch. One copy, as required by the application process, shall be submitted to Planning and Design Services. In case of an unusually large subdivision, division staff may modify this requirement and allow a scale of not more than two hundred feet to the inch. All distances and angles shall be drawn large enough to be legible after photo-reduction of the plat by 50%. No sheet of the record plat may exceed 24 inches by 36 inches, unless the Planning Commission and the County Clerk has agreed in writing to record it. A two-inch by three inch space shall be reserved in the lower right hand corner for the County Clerk’s stamp.

All other sections of Part 8 shall apply .

Sec. 150.065-073 of the Code of Ordinances requires roads to be 18 feet wide; roads serving no more than 5 lots 5 acres or greater may be 12 feet wide with 3 foot shoulders on each side.

The plat shall show pavement depth details, sidewalk details if required, roadway cross-section, and other items necessary for compliance with Section 150.065 of the Louisville Metro Code of Ordinances and as required by Metro Public Works.
Before Planning Commission approval may be shown on the record plat for recording, the subdivider shall deliver to the Director of Works the following items:
1. Subdivider's Commitment - The subdivider shall be responsible for the installation, good repair and proper functioning of all improvements, including private roads, required by the approved minor plat and the installation of all reference monuments required by the record plat. Installation shall begin within a year after approval of the record plat, or within any one year extension granted by the Director of Works, and shall proceed in a manner which, in the judgment of the Director of Works, does not cause unreasonable harm, inconvenience or annoyance to any other property owner in or outside of the subdivision. The judgment of the Director of Works with respect to the manner of proceeding may not be questioned in any judicial proceeding by anyone except the subdivider, but said judgment when exercised in favor of the subdivider shall not constitute a defense to the subdivider in a judicial action against the subdivider by a complaining property owner. This obligation of the subdivider shall continue until the Director of Works, acting on behalf of the Planning Commission, has granted a release pursuant to Section 7.2.60. The required installations shall be completed and properly functioning within five (5) years from the date of which construction plans are approved, unless an extension is requested by the subdivider and approved by the Director of Works in writing. If eighty percent (80%) of the lots do not have a completed structure on them, the subdivider may request that the Director of Works, also acting on behalf of MSD, waive the eighty percent (80%) requirement and notify the Planning Commission of such waiver. If the waiver is granted, the subdivider or design engineer, acting on behalf of the subdivider, shall initiate the bond release process by sending a written request for bond release inspection to Public Works, MSD, the Health Department, and the local fire protection district. At any time after the date of approval of the record plat, the subdivider shall abide by any time limits which the Director of Works may specify in writing. This obligation shall be evidenced in writing signed by the subdivider on forms provided by the Director of Works.
2. Security Required - There shall be filed with the Director of Works a bond instrument(s) approved by the Planning Commission and in the amounts determined by the Director of Works and MSD to insure fulfillment of the subdivider's commitment as set out above. Reduction of bond requirements shall not alter the subdivider's liability for fulfilling the obligations set out in Section 7.2.45 (1).

7.8.90 Minor Subdivision Plats Creating Private Streets

Minor Plats creating new private streets serving single family residential uses may be approved only after review and approval of a construction plan for the proposed private street. The construction plan shall conform to the following standards:

Construction Plan Requirement

No construction of improvements for a subdivision shall begin until the subdivider has obtained a work order from the Director of Works, and no work order shall be issued by the Director of Works except in accordance with an approved construction plan, either for the subdivision in its entirety or for sections thereof, in accordance with the following procedure:
1. Time Limit - The construction plan shall be approved by Metro Public Works prior to the approval of the minor plat.
2. Preparation - The subdivider shall have the construction plan prepared by an engineer and land surveyor in conformance with the requirements of Part 4 and 6 and any variances and waivers which have received prior Commission approval in accordance with Sections 7.1.40 and 7.1.90.
3. Submission to Other Agencies - The subdivider shall submit that part of the construction plan as required for approval or comment to interested agencies which shall consist of the following:
  1. Director of Works
  2. Metropolitan Sewer District
  3. The fire chief of the district having jurisdiction over property
  4. Health Department
  5. Utilities providing water, gas, electricity, and telephone service
  6. If the proposed subdivision abuts on a street maintained by the Commonwealth of Kentucky, then to the district engineer for the Kentucky Department of Transportation.
4. Action Taken on Plan – Within 90 days of submittal of the construction plan and following notification of approval of the plan by M.S.D., the Director of Works shall take action on behalf of the Commission and shall notify the subdivider in writing of his action. The action of the Director of Works shall take one of the following forms:
  1. Approval - The plan may be approved as submitted. A copy of the approved construction plan shall be submitted to the Planning Commission. Approval of the plan shall be valid for one year and extensions of approval may be granted by the Director of Works. Construction may not proceed without a work order issued by the Director of Works in accordance with the approved plan. The subdivider's request for a work order shall be submitted to the Works Department and MSD no less than five working days prior to the day on which construction is intended to begin.
  2. Disapproval - The plan may be disapproved and the Director of Works shall state, in writing if requested by the subdivider, his reasons for disapproval. The subdivider must then submit a new construction plan if he wishes to create the subdivision.