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178.117 Private improvement of public road in unincorporated territory -When permitted -- Procedure.
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Any person or corporation, public or private, or any group of such persons or
corporations or both, residing in or owning property adjacent to any publicly
dedicated road in unincorporated territory in any county and desiring to make
any improvements to the publicly dedicated road shall submit to the fiscal
court, the urban-county government, or the consolidated local government for
approval plans and specifications for its improvements at their own expense.
Any request for private improvement shall include all the information required
by KRS 184.020 to accompany a request for the creation of a public road
district pursuant to that section.
The sponsors of the private improvement of the publicly dedicated road shall
present their request, together with the attached maps and estimates of cost, to
the fiscal court, the urban-county government, or the consolidated local
government, who shall turn over to the county engineer for his or her
consideration the maps and estimates of cost. In considering whether to permit
the requested improvement, the fiscal court, the urban-county government, or
the consolidated local government, and the county engineer shall follow the
same procedures provided for in KRS 184.040 and the same appellate rights
provided for in these sections are available to the petitioners. When the county
engineer receives from the fiscal court, the urban-county government, or the
consolidated local government an application for approval of plans or
specifications for the private improvement of publicly dedicated roads by some
individual or corporation, or a combination thereof, the county engineer shall be
authorized and empowered to examine, inspect, and investigate, as seems to
be advisable, the sufficiency of the improvements which the application seeks
to serve the purposes intended, and to establish and make reasonable charges
for his or her services on the basis of a schedule adjusted according to the
services required to conduct the investigation or on any other reasonable
method.
When it appears to the county engineer that the completion of the improvement
by or on behalf of any individual or corporation requires inspection and
supervision in order to assure the protection of the public safety and the proper
subsequent completion of the work for the purposes intended, the county
engineer shall include findings in his or her recommendation to the fiscal court,
the urban-county government, or the consolidated local government approving,
modifying, or disapproving the particular plans and projects, and shall charge
the person or corporation for the inspection and supervision on the basis of the
actual cost of inspection plus a reasonable additional cost of supervision.
Effective:July 13, 2004
History: Amended 2004 Ky. Acts ch. 61, sec. 8, effective July 13, 2004. -Amended 2002 Ky. Acts ch. 346, sec. 185, effective July 15, 2002. -- Amended
1984 Ky. Acts ch. 64, sec. 18, effective July 13, 1984. -- Amended 1978 Ky.
Acts ch. 384, sec. 310, effective June 17, 1978. -- Amended 1976 (1st Extra.
Sess.) Ky. Acts ch. 20, sec. 6, effective January 2, 1978. -- Created 1964 Ky.
Acts ch. 80, sec. 10.
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