Amendment No. 2004-01 to the

Land Use and Architectural Controls Ordinance

This amendment is to clarify the requirements to create a subdivision or divide land within the Town Limits of Round Top. This Amendment covers any subdivision of land whether it is dividing one parcel into two tracts or many tracts. It is a synopsis of the requirements contained in the main Ordinance and adds some additional requirements. Any subdividing applicant should carefully review the Ordinance itself and this Amendment to determine the actual extent of the law.

When one property owner sells part of his land to an adjacent landowner, an application needs to be submitted; however, the Review Boards will primarily be interested in the planned use of the property sold to insure no future problems. It is anticipated that items 1, 2 and 3 would not be required in this situation.

General Requirements

1. Detailed survey of proposed subdivision:

A survey must be provided with the application that shows the boundaries of all proposed subdivisions, major features and existing structures, bodies of water, greenbelts, roads, drives and other existing and proposed features that are planned for the property. The following particulars must also be included in the final submission:

a. Groundwater: A groundwater plan showing that runoff from the property will be managed in such a way as to protect existing adjacent property owners, and owners of the proposed subdivided lots from problems with erosion or runoff.

b. Utility Easements: A plan for utilities, showing easements to all properties. Note that the Ordinance requires underground utilities be installed from utility easements on the outside boundaries of the property, and that above ground utility poles may not be installed in the main body of the subdivision. Easements must be established to reach any lots which are not adjacent to these outside utility easements.

c. Greenbelts: Removal of trees over the diameter specified by the Ordinance, or clearing of greenbelt areas, must be permitted. Existing greenery, and areas where such clearing is planned must be shown. Such clearing is only approved when such trees and greenbelts are replaced with at least equal amounts and quality.

d. Parks, Entrances, and Other Shared Features: Any proposed improvements to the subdivision that will be retained by the developer, an association of homeowners, or any other entity and will be shared by more than one property owner within the subdivision, must be shown.

2. Letter of Utility Availability:

Letters from appropriate utility providers shall be submitted with the Application stating that sufficient water or other utilities are available to the subdivision that will serve new land owners within that subdivision, and will not negatively impact the existing utility service to other land owners within the Town Limits. This includes water and electric service, and other utilities that might be developed, i.e. community sewage treatment facility.

3. Letter from Supervising Entity (Fayette County) on Septic Impact:

The Review Board will submit the Application to Fayette County in advance of approval of the Subdivision. That entity must provide written communication to the Board that all subdivided lots, soil conditions and other factors, will allow the installation of individual septic systems, or treatment facilities on each lot, without substantial negative environmental impact on the Town of Round Top and existing property owners.

4. Lighting

The Ordinance requires "low-light" conditions within the Town Limits. This means that no lighting may be installed where the light source is visible from an adjacent property. This applies to any lighting proposed for entrances, parks or common areas. Covers, shields or other devices must be installed on any such lighting to direct the light downward in a way to protect adjacent property owners (including owners of the proposed lots) from glare.

5. Main Roads

The requirements for construction of any road that serves more than one property owner within the subdivision must meet the County’s requirement for similar roads within the Town Limits. These main arteries will be dedicated to the Town of Round Top upon completion, and if such dedication is accepted by Town Council (assuming all requirements of the Town are met including drainage), will become the property of the Town of Round Top.

6. Culverts, Embankments, Retaining Walls, Bridges, etc.

Exposed culvert ends, embankments, retaining walls and other features of any road or other architectural condition that must be built to properly access or serve all properties must be constructed of an approved masonry material and cannot be exposed concrete, metal or other such material. Native stone is the preferred material for such purposes.

7. Outbuildings and Other Architectural Features:

Any structures proposed to be built within the Subdivision must comply with Land Use and Architectural Controls Ordinance Standards for such structures. This would include outbuildings, well houses, treatment facilities, utility yards or any other applicable condition. Detailed scale architectural drawings will be required with the Application for any such structures that are planned.

8. Signage:

All signage within the Town of Round Top must be permitted in advance. Location of any proposed signs, markers, street signs, or other such items must be shown on the plat. A detailed rendering of the proposed signs must be submitted with the sign permit application, and must include lettering style, color, size and graphic content. All signage must meet community standards and those contained within the Ordinance

9. Use of Lots:

The Ordinance regulates the acceptable use of all properties within the Town Limits. There are four "zones" within the Town, and the commercial uses that are acceptable within these zones vary and are specific. Subdivision Applicant must submit a letter to the Review Board that states that no lot within the subdivision will be sold for any purpose or use other than those approved for that zone

10. Notices to Purchasers:

There is a requirement that requires an Applicant to purchase Subdivision property be given a copy of the Land Use and Architectural Controls Ordinance and any Amendments that might be in effect at the time.