The following are highlights of the proposed changes to the subdivision regulations. Most of the changes are related to the reformatting of the document to separate and better define regulations concerning plat reviews and construction plan reviews. Additionally there are some clarifications to language and regarding construction contracts and performance bonding.
There are two versions, a redline version that corresponds to the references below and a clean version that we created with all the changes accepted since the proposed changes can get confusing.
Redline Version – In the draft, text that is proposed to be removed is strikethrough font in red. Text proposed to be added is red and underlined. Text that has been moved to another section is in double strikethrough in green. Text that has been moved from another section is green and double underlined.
Article 1 General Provisions – No major changes proposed.
Article 2 Classification of Subdivision Plats – This article has been re-authored to outline the types of subdivision plats or lots. Notice blocks have been changed from required exact language to “or similar statement” to be more flexible for surveyor’s in noting required items on plats.
Article 3 Procedures and Requirements – This chapter has been reworked to clarify and hopefully simplify procedures of submitting a plat versus submitting subdivision construction plans. Some language, much of it duplicative, has been eliminated and other language has been moved to another section.
There are a few clarifications in this section based on current practices.
- Article 3, Page 9 – C. Notification – notifications will eventually be moved to the PC website (they are currently there) and no longer advertised in the Daily News. KRS does not require plats to be advertised.
- Article 3, Page 16-17 – there is some clarifying language on performance bonds tying them to the same time frame as the construction contract. Items B, C, and D were added to match best practices, to mirror language in the typical bonds, and to match language found for Letters of Credit.
- Article 3, Page 19 – Minimum amount of surety – Language was added to match the bonding policy from Appendix G.
- Article 3, Page 19 – Projects In Default – Language added to clarify policy and practice.
- Article 3, Page 19-20 – Acceptance and Maintenance of Improvements – Language has been inserted to clarify acceptance of subdivision infrastructure by the government when some conditional items have not been completed. Mostly this is for sidewalks. The local government will make a conditional acceptance of the development less any identified items left to be completed. This will require a new construction contract and separate bond for the conditional items. The original contract and bond will be released. This is intended to be a more flexible mechanism to accept subdivisions where sidewalks have not been installed throughout by the time of acceptance. In other words we are going back to having sidewalk only bonds, but only after the original construction contract is fulfilled. There may be limited instances where other items are left at time of acceptance. This will also assist in projects “defaulting” on the original contract and bond.
Article 4 Content Requirements for Subdivision Plats – This article contains the platting requirements for a subdivision plant. Contents for subdivision / construction plans have been separated out and moved to Article 5. Quite a bit of duplicative text has been eliminated and several items were moved from other sections to this one.
- Article 4, Page 24 – The expiration of a preliminary lot layout is proposed to be removed. This is not a practice that is currently followed.
- Article 4, starting on Page 44 – Certifications – many of these have been consolidated or revised for clarity or modernization.
Article 5 Content Requirements for Subdivision Plans – This is a new chapter created from separating out the plats vs plan requirements. This article outlines required contents of construction plans. Most of this language was moved from existing sections and no major changes are proposed.
Article 6 Design and Improvement Standards – Formerly Article 5, this chapter outlines the construction and design standards for lot layouts, infrastructure along with required construction practices.
- Article 6, Page 71 – Specified types of storm pipe allowed and set the minimum slope to be 0.8%.
Article 7 Construction and Inspection Procedures – Formerly Article 6.
- Article 7, Page 83 – Clarifies current acceptable practices of installation of DGA.
Article 8 Definitions – Revised Binding Elements definition and added Development Plan Conditions to match the Zoning Ordinance changes. Revised Preliminary Lot Layout to Preliminary Plat. Deleted Sketch Plan since it is a term no longer used.
Appendix A: Street Standards – No changes.
Appendix B: Storm Water Management Guide – Clarification added that the Storm Water Guide is for Warren County only and referred to the City of Bowling Green website for city requirements.
Appendix C: County Street Lighting – No changes.
Appendix D: City and County Fire Protection Ordinances – No changes.
Appendix F: Pavement Catalogue – Added a classification of Neighborhood Collector to be more flexible between the design requirements for a Local Street and Minor Collector. Removed references to crushed stone base as a specific alternative to DGA. CSB will still be considered on a case by case basis as an alternate material along with other reasonable alternatives.
Appendix G: Bonding Policy, Performance Bond Template, and Construction Contracts – Added language about conditional acceptance, construction contracts and bonding requirements as described in Article 3, Page 19-20. Provided templates / examples as a reference.
Appendix H: Subdivision Plat Checklist – Added comprehensive plat submittal checklist that we are already using for reference.
Appendix I: Site Development Plan/Construction Plan Checklist – Added checklists that we are already using for reference.
Clean Version with all changes accepted.
Summary of Changes document (mirrors text above).