KRS § 100.117 — KY Code / Title IX / Chapter 100 / Section 100.117
100.117 Independent planning units
Status: in_force

100.117 Independent planning units.

Any city or county may establish a planning program as an independent operation if the

following required procedure is unsuccessful in establishing a joint planning unit

encompassing the county and cities therein.

(1) A city shall interrogate the county and every other city therein to determine whether

they desire to enter into an agreement to form a joint planning unit. The

interrogation shall be in writing, addressed to the various legislative bodies stating

proposed reasonable terms for combination and the reasoned purpose and

objectives. The political subdivisions which have been interrogated shall have sixty

(60) days in which to answer in writing and the city may assume that the answer is

negative if no response is received within the sixty (60) days. If the county answers

in the negative, then the city may engage in an independent planning operation. If

the county responds affirmatively, then a joint planning unit shall be established,

and no city located in such county may form an independent planning unit. If a city

has been operating under an agreement under which its planning operations have

been combined with one (1) or several counties or cities and the combination is

broken, then it shall follow the procedure set forth in this subsection before it

engages in an independent planning operation.

(2) A county shall interrogate every incorporated city within its boundaries and

otherwise be subject to following the procedure established for an independent city

operation.

(3) In a county where independent planning units have been created in accordance with

this section, another interrogation shall not be permitted for a period of four (4)

years from the date of the previous letter of interrogation. If another interrogation is

initiated, the required procedure as defined by this section, shall be followed. If the

result of such an interrogation is creation of a joint planning unit, as permitted by

KRS 100.121, then all the existing independent planning units shall be dissolved,

and no city located in such county may form an independent planning unit. A period

of one (1) year from the date of the letter of interrogation shall be permitted for the

newly formed joint planning unit to come into existence, during which time the

other necessary steps required by this chapter must be complied with and the

dissolution of the independent units shall be effective upon compliance with

requirements of this chapter, for creation of the joint planning unit, or at the end of

the one (1) year period, whichever is first.

(4) Any independent planning unit in existence on June 20, 2005, in a county

containing all or a portion of a joint planning unit may continue to exist and operate

as an independent planning unit and shall not be required to:

(a) Conduct any interrogation under the provisions of subsection (1) of this

section;

(b) Be subject to the interrogation process in subsection (2) of this section; or

(c) Dissolve in accordance with the provisions of subsection (3) of this section.