KRS 100.281: Contents of subdivision regulations.

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 f looding. 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 commissio n 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 su bdivision 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 pur suant 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.