179.470 Maintenance of subdivision roads in counties. - Kentucky Statutes

Download pdf

Loading PDF...

179.470 Maintenance of subdivision roads in counties. (1) In counties containing a city of the third class, and not a city of the first class or a consolidated local government, any street or road located outside of the corporate
limits of an incorporated city which is a street or road of a subdivision established
by a recorded plat that dedicates the street or road to public use, shall be maintained
by the fiscal court of the county in the same manner that roads established under
KRS 178.115 are maintained, if the street or road is at least one thousand (1,000)
feet in length and at least fifty percent (50%) of the lots abutting the street or road
contain houses which are occupied, and the street or road has been or shall be so
constructed as to meet the approval of the county road engineer or, if there is no
county road engineer, the approval of the fiscal court, such approval being based
upon the established standards for county road construction within the county. (2) Notwithstanding the provisions of KRS 178.010(2), in counties containing a city of the first class or a consolidated local government, any street or road located in the
area of the county not within a city of the second, third, or fourth class or within the
area formerly comprising a city of the first class, which is a street or road of a
subdivision that dedicated the street or road to public use, may be maintained by the
fiscal court of the county or consolidated local government as the case may be, in
the same manner as provided in subsection (1) and subject to the same conditions.
In addition, street lights and other improvements already established may be
maintained by the fiscal court or consolidated local government. The county or
consolidated local government shall be reimbursed for the cost of such maintenance
by the abutting property owner whose proportionate share of the cost of
maintenance shall be added to the owner's county tax bill and collected in the same
manner as other taxes. (3) Notwithstanding the provisions of KRS 178.010(2), in counties containing a population between eighty thousand (80,000) and one hundred fifteen thousand
(115,000) and a city of the second class or in counties containing a city of the
fourth, fifth, or sixth class and not a city of the first, second, or third class, any street
or road in an unincorporated area or a city of the sixth class of the county, which is
at least two hundred (200) feet in length and dedicated to public use, may be
maintained by the fiscal court of the county in the same manner as provided in
subsection (1) of this section. In addition, street lights, garbage collection, water,
and sewer services may be provided by the fiscal court. The county shall be
reimbursed for the cost of such maintenance and services by the abutting property
owner whose proportionate share of the cost of maintenance and services shall be
added to the owner's county tax bill and collected in the same manner as county
taxes. Further, upon the petition of fifty percent (50%) or more of the abutting
property owners of the street or road, the fiscal court may by proper resolution
provide for the improvements. (4) No street or road shall be accepted by a fiscal court or consolidated local government under the provisions of subsection (2) or (3) of this section for county
maintenance unless twenty-five percent (25%) of the abutting property owners
petition the fiscal court or consolidated local government for county maintenance. The fiscal court or consolidated local government within thirty (30) days thereafter
shall hold a public hearing on the petition. If fifty percent (50%) of the abutting
property owners agree in writing to accept county maintenance, the fiscal court of
the county or the consolidated local government may maintain the road or street in
the same manner as provided in subsection (2) or (3) of this section as applicable
and subject to the same conditions. Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 346, sec. 193, effective July 15, 2002. -- Amended 1980 Ky. Acts ch. 105, sec. 1, effective July 15, 1980. -- Amended 1976
Ky. Acts ch. 337, sec. 1. -- Amended 1972 Ky. Acts ch. 79, sec. 1. -- Amended 1956
Ky. Acts ch. 217, sec. 1, effective May 18, 1956. -- Created 1950 Ky. Acts ch. 5,
sec. 1.