Chapter 7 Subdivision Regulations Part 8 Minor Subdivisions Page 1 of 2

7.8.10 Procedure

Any person desiring to create a minor subdivision shall submit to the Commission for approval an application on forms provided by the Division, and a record plat in conformance with the requirements of Section 7.8.11 and Section 7.8.20 prepared by a professional land surveyor. Staff of the Division may require submission of information, material and documents beyond that required in this section as necessary to determine compliance with these regulations. No application shall be accepted unless it is complete and accompanied by the appropriate review fee.

7.8.11 Agency Review

The subdivider shall submit to the following agencies copies of the minor subdivision plat for approval. Approval shall be in the form of a stamp from the appropriate agency on the back of the plat. Agency review will include the following:

1. Appropriate agency responsible for transportation review for the subject property.
2. Metropolitan Sewer District. (All property, regardless of location.)
3. Jefferson County Environmental Health and Protection. (Property served by on-site sewage disposal systems.) If lots are served by on-site sewage disposal systems (existing or proposed) they shall meet the requirements of the Louisville and Jefferson County Board of Health.
4. The fire chief of the district having jurisdiction over the property where any of the following apply:
   1. A new lot is being created unless:
      1. The plat is a “buy-down” minor plat to record and/or develop a section of an approved major subdivision preliminary plan; or,
      2. The lots involved are located in any major subdivision approved after October 8, 1991 (effective date of Jefferson County Kentucky Code of Ordinances, Section 150.065 - 150.073)
   2. A new lot is being created on private access easement and the new lot has no access from a publicly dedicated roadway.
   3. The minor plat crosses the Jefferson County Line.
   4. The property is located within a fire protection district other than the Louisville Division of Fire District or its successor.
5. For minor subdivision plats that show roadways, structures or other encroachments into an easement, documentation of notice to the easement holder shall be submitted.
   
   Approval by additional agencies may be required if special circumstances warrant.

7.8.12 Administrative Approval

Commission Approval may be given by the Director of the Division of Planning and Design Services or any authorized staff member of the division when all of the following criteria are met:

1. The existing tract, parcel, or lot is subdivided into not more than five tracts, parcels or lots including any remainder proposed to be retained by the owner(s);
2. The existing tract was lawful under these regulations at the time the property description was recorded;
3. The existing tract(s) have not been the subject of a previously approved preliminary plan for a residential subdivision.
4. The subdivision does not include the dedication of a new public street or change in an existing public street;
5. All resulting lots have frontage on an existing public or private street with pavement at least 18 feet wide, except that roads serving no more than 5 lots of 5 acres or more may be 12 feet wide with 3 foot shoulders on each side; provided, however, that the provisions of this subparagraph shall not apply to roads that are Designated Road under the System Development Charges for Roadways Ordinance [insert LMCO citation];
6. The subdivision can satisfy these regulations and other applicable ordinances and statutes without the construction of streets, water facilities, storm drainage facilities or other improvements except as necessary to directly serve the lots created and to provide a direct connection to an existing and approved system;
7. The subdivision is in compliance with the minimum requirements of the applicable zoning regulations and other ordinances and regulations, and no substandard tracts, parcels, or lots will be created;
8. Adequate provision will be made for access to a public roadway. If a private street is to be used, provisions for maintenance, acceptable to staff and Commission legal counsel, will be placed on applicable recorded documents;
9. Along all road frontages, the plat dedicates additional right-of-way of a width sufficient to meet one-half (1/2) of the required right-of-way width for that specific public roadway as indicated on the County Thoroughfare Plan or the Official Map and as prescribed in Chapter 6 Part 2 of the Land Development Code;
10. Private roadways (e.g. access easement) and related facilities serving uses other than single family residential meet the requirements of Chapter 6 Part 2. The Division, based upon the recommendations of other governmental agencies, may increase the requirements for private roadways beyond those specified in Chapter 6 Part 2.
    
    Minor plats involving the following conditions are also eligible for approval by staff:
11. Amending a record plat for minor corrections/shifting of lot lines; for revisions to lot lines where all signatures of adjoining property owners are obtained; for revisions to easements where consent letters from utility companies are received; or for revisions to building limit lines where a variance has been granted for the same encroachment.
12. Creating a flag lot for obtaining utility service.
13. Direct access to collector level road (where no new access is created).
14. Creation of two or more lots on collector level road which share an access easement.
15. Administrative waiver to dedicate right-of-way.
16. Creating a lot in the area of an approved preliminary subdivision plan/district development plan for “buy-down” or a lot created in compliance with the approved plan.
17. Creating a lot with an existing accessory structure, prior to construction of a primary residential structure.
18. Resulting lots have frontage on an existing public or private roadway that does not meet the minimum requirements for a public or private street as listed in Section 7.8.12.E, above. A plat creating such lots may be approved in accordance with the provisions of Section 7.8.85.
19. The plat would create new proposed private roadway(s) (e.g., access easement(s)). If the proposed roadways have received necessary approvals, and related facilities meet the requirements of Chapter 6 Part 2 the plat may be approved in accordance with Section 7.8.90. The Division, based upon the recommendations of other governmental agencies, may increase the requirements for private roadways beyond those specified in Chapter 6 Part 2.

    NOTE: County Clerk requires that a related deed or other recordable instrument be recorded with minor plat.

7.8.13 Appeal Process

No staff member shall be required to approve any delegated item if they have reason to question its accuracy, or its compliance with good planning principles, subdivision, zoning or other regulation(s). The property owner may request any minor plat, for which staff approval has been refused, to be placed on the docket of the LD&T Committee.

7.8.14 Approval and Recording of Plat

If approved and all conditions are met, the Director or any authorized staff member shall complete and sign the Certificate of Approval located on the face of the plat. Approval shall be valid for one year. During this period the approved minor subdivision plat shall be recorded in the office of the Clerk, Jefferson County, Kentucky.

If the plat is not recorded within one year of the approval date, the applicant may request a one-year extension of the expiration date. Only one extension may be granted for the plat. The applicant shall submit a written request for extension. Division staff may grant requests for extension of the expiration date if they find that circumstances or hardship justify such requests. Extension requests beyond one year will be treated as new applications.

7.8.20 Plat The plat submitted under Section 8.10 hereof shall conform to the following requirements:

1. Format and Materials The plat shall be on 8 1/2" x 14" paper or other media or size approved by Division staff at a scale large enough to be easily legible and containing a 1/2" border.
2. Content The plat shall include the following:
   1. A title block containing the title of the survey (e.g. Minor Subdivision Plat), the purpose of the plat, the name and address of the owner(s) of the property(ies) being subdivided, source of title, and the current tax block(s) and lot number(s) from the Property Valuation Administrator’s maps and records, the location of the land surveyed, and the name and address of the land surveyor or the surveying firm who prepared the plat and the date of preparation.
   2. All dimensions expressed in feet and decimals of a foot, the area of each resulting lot, the zoning district and form district classification, a north arrow, designated meridian, and a written and graphic scale.
   3. The boundaries of the property being subdivided and of all result¬ing lots showing all bearings or interior angles and distances as determined by an accurate survey in the field. All bearings and distances on the perimeter of the entire site shall follow in order. All resulting lots shall bear a tract or lot enumeration
   4. The location, description, and coordinate values of all permanent monuments set at all points of change in direction of all exterior boundary lines of all lots in the subdivision. - All monuments shown shall be interconnected and dimensioned so that any registered land surveyor can lay out the lots or streets in the subdivision correctly by referring to the plat alone without any additional information. Witness monuments shall be set, on line if possible, whenever a monument cannot be set at the actual point of change in direction. Monuments set shall be of substantial size and shall be made of durable materials and shall include an element that makes it possible to detect the monument by means of some device for finding ferrous or magnetic objects. All monuments set by a Land Surveyor shall bear their registration number on a metallic cap or identifier as required by the Minimum Standards of Practice for Land Surveying adopted by the Kentucky State Board of Registration for Professional Engineers and Land Surveyors.
   5. The names and widths of all adjoining streets and easements, a stub property line approximating the location of intersecting boundaries of all adjoining properties and the ownership of all adjoining properties. Ownership shall be identified by an owner's name and deed book and Pagenumber or an owner's name and a plat book and Pagenumber. Where the width of a street right of way varies, the distance to the centerline of the street right of way shall be shown along all portions abutting the site
   6. The names, location and width of any areas to be dedicated to public use and any easements to be dedicated for the installation of utilities, all fully dimensioned.
   7. All existing structures and buildings shall be shown to scale in solid lines, fully dimensioned, with distances to the existing and proposed property lines and identified as to use. Existing structures which utilize on-site sewage disposal systems shall have those systems shown on the plat.
   8. In addition to showing existing easements, the plat shall show all new sanitary sewer easements necessary to provide sanitary sewers to each lot shown on the plat. When a sanitary sewer connection does not exist for any lot shown on the plat, the proposed method of sewage disposal for each such lot shall be shown on the plat.
   9. The plat shall show all new drainage easements necessary to provide drainage to each lot shown on the plat.
   10. The location of the 100 year flood elevation shown as an easement designated by ...__...__...__...__.. or a note stating that the subject property is not located within a 100-year flood elevation.
   11. The location and dimensions of landscape buffer areas and woodland protection areas, as designated on approved development plans and preliminary subdivision plans. Also, the location and dimensions of parkway buffer areas shall be shown, if applicable.
   12. The location of solid blue line streams as designated on topographic maps Published by the U.S. Geologic Survey.
   13. A key map showing the relative location (distance) of the proposed subdivision to the nearest existing arterial street intersection, nearest intersecting street created by record plat, or nearest commonly known street. The distance may be shown on the main body of the plat.
   14. The following lines and symbols shall be used when drawing plats:

	Medium, solid	Proposed lot lines of new tract or lot
	Light, solid	Street or right-of-way lines and adjoining property line stubs
	Light, short-dash	Easement boundaries
	Tie-lines (Light, long-dash)	Showing proposed consolidation of lots or parcels to form new tracts and any existing lot lines to be removed
	Line Breaks	Used to shorten straight lines on plat