2021 Kentucky Revised Statutes Chapter 100 - Planning and zoning 100.137 Planning commission in county of 300,000 and county with consolidated local government -- Qualifications -- Appointment -- Conflicts of interest -- Legislation regarding plan.
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100.137 Planning commission in county of 300,000 and county with consolidated
local government -- Qualifications -- Appointment -- Conflicts of interest -Legislation regarding plan.
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Except in a consolidated local government, counties with a population of 300,000
or more inhabitants shall be a planning unit and shall have a planning commission
which commission shall be composed of three (3) members, who are nonresidents
of the largest city of the county, appointed by the county judge/executive of such
county; three (3) members who are residents of the largest city of the county
appointed by the mayor of that city; and the mayor of the largest city, or his
designee; the county judge/executive, or his designee; the director of works of the
largest city in the county; and the county road engineer. The county judge/executive
and the mayor together shall ensure that three (3) of the six (6) appointees are
citizens who have no direct financial interest in the land development and
construction industry. If the commission appoints a citizen member to fill a
vacancy, the commission shall ensure that the balance is maintained. All ten (10)
members of the planning commission shall be required to disclose any personal or
family commercial interest relevant to land use, new development supply, or new
development construction. The disclosure shall be a written, signed statement of the
general nature of the member's interest. The disclosure shall be filed with the
commission's records under KRS 100.167 and shall be available for public
inspection during regular business hours. A member shall not vote on an issue in
which the member or member's family has an interest. The willful failure of a
member to disclose an interest, or a member's voting on an issue in which the
member or member's family has a known interest, shall subject the member to
removal proceedings under KRS 100.157.
A county with a consolidated local government created pursuant to KRS Chapter
67C shall be a planning unit and shall have a planning commission which shall
include eight (8) members who are residents of the planning unit, approved by the
mayor of the consolidated local government pursuant to the provisions of KRS
67C.139. The membership of the planning commission shall also include the mayor
of the consolidated local government, or his or her designee, and the director of
public works of the consolidated local government, or his or her designee, or the
county engineer as determined by the mayor. If the director of public works
designates a designee, the designee shall be either a civil or highway engineer
licensed under KRS Chapter 322, and shall have at least three (3) years' practical
road building, road design, or transportation planning experience. The mayor shall
ensure that four (4) of the eight (8) appointees are citizens who have no direct
financial interest in the land development and construction industry. If the
commission appoints a citizen member to fill a vacancy, the commission shall
ensure that the balance is maintained. All ten (10) members of the planning
commission shall be required to disclose any personal or family commercial interest
relevant to land use, new development supply, or new development construction.
The disclosure shall be a written, signed statement of the general nature of the
member's interest. The disclosure shall be filed with the commission's records
pursuant to KRS 100.167 and shall be available for public inspection during regular
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(4)
business hours. A member shall not vote on an issue in which the member or
member's family has an interest. The willful failure of a member to disclose an
interest, or a member's voting on an issue in which the member or member's family
has a known interest, shall subject the member to removal proceedings pursuant to
KRS 100.157.
In counties containing a consolidated local government, all legislation
implementing or amending the plan or amended plan which affects cities with a
population equal to or greater than three thousand (3,000) based upon the most
recent federal decennial census or any city with a population of less than three
thousand (3,000) based upon the most recent federal decennial census that regulated
land use under the provisions of this chapter prior to January 1, 2014, shall be
enacted by such cities and all other legislation implementing the plan or amended
plan shall be enacted by the fiscal court or, in the case of a consolidated local
government, by the consolidated local government.
In all other counties the establishment of a planning unit is optional, but any
planning unit established in other counties shall comply with the remaining
provisions of this chapter.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 191, effective January 1, 2015. -Amended 2013 Ky. Acts ch. 95, sec. 4, effective June 25, 2013. -- Amended 2002
Ky. Acts ch. 346, sec. 136, effective July 15, 2002. -- Amended 1998 Ky. Acts ch.
534, sec. 1, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 100, sec. 1,
effective July 13, 1990. -- Created 1966 Ky. Acts ch. 172, sec. 10.
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