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179.470 Maintenance of subdivision roads in counties.
(1)
(2)
(3)
(4)
In counties containing a city with a population equal to or greater than eight
thousand (8,000) but less than twenty thousand (20,000), and not containing 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.
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 with a population that equals or exceeds three
thousand (3,000) 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.
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 with a population equal to or greater than twenty thousand
(20,000) or in counties containing a city with a population that is less than eight
thousand (8,000) and not a city with a population that equals or exceeds eight
thousand (8,000), any street or road in an unincorporated area or a city with a
population of less than one thousand (1,000) 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.
No street or road shall be accepted by a fiscal court or consolidated local
(5)
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.
For the purposes of this section, the population of a city shall be determined by
using the most recent federal decennial census data.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 253, effective January 1, 2015. -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.
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