KRS § 179.470 — KY Code / Title XV / Chapter 179 / Section 179.470
179.470 Maintenance of subdivision roads in counties
Status: in_force

179.470 Maintenance of subdivision roads in counties.

(1) 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.

(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 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.

(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 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.

(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.

(5) For the purposes of this section, the population of a city shall be determined by

using the most recent federal decennial census data.