Find Legal Information

100.137 Planning commission in county of 300,000 and county with consolidated local government -- Qualifications -- Appointment -- Conflicts of interest -- Legislation regarding plan.

Download pdf

100.137 Planning commission in county of 300,000 and county with consolidated local government -- Qualifications -- Appointment -- Conflicts of interest -- <br>Legislation regarding plan. (1) 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 <br>which commission shall be composed of three (3) members, who are nonresidents <br>of the largest city of the county, appointed by the county judge/executive of such <br>county; three (3) members who are residents of the largest city of the county <br>appointed by the mayor of that city; and the mayor of the largest city, or his <br>designee; the county judge/executive, or his designee; the director of works of the <br>largest city in the county; and the county road engineer. The county judge/executive <br>and the mayor together shall ensure that three (3) of the six (6) appointees are <br>citizens who have no direct financial interest in the land development and <br>construction industry. If the commission appoints a citizen member to fill a <br>vacancy, the commission shall ensure that the balance is maintained. All ten (10) <br>members of the planning commission shall be required to disclose any personal or <br>family commercial interest relevant to land use, new development supply, or new <br>development construction. The disclosure shall be a written, signed statement of the <br>general nature of the member's interest. The disclosure shall be filed with the <br>commission's records under KRS 100.167 and shall be available for public <br>inspection during regular business hours. A member shall not vote on an issue in <br>which the member or member's family has an interest. The willful failure of a <br>member to disclose an interest, or a member's voting on an issue in which the <br>member or member's family has a known interest, shall subject the member to <br>removal proceedings under KRS 100.157. (2) 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 <br>include eight (8) members who are residents of the planning unit, approved by the <br>mayor of the consolidated local government pursuant to the provisions of KRS <br>67C.139. The membership of the planning commission shall also include the mayor <br>of the consolidated local government, or his or her designee, and the director of <br>public works of the consolidated local government or the county engineer as <br>determined by the mayor. The mayor shall ensure that four (4) of the eight (8) <br>appointees are citizens who have no direct financial interest in the land development <br>and construction industry. If the commission appoints a citizen member to fill a <br>vacancy, the commission shall ensure that the balance is maintained. All ten (10) <br>members of the planning commission shall be required to disclose any personal or <br>family commercial interest relevant to land use, new development supply, or new <br>development construction. The disclosure shall be a written, signed statement of the <br>general nature of the member's interest. The disclosure shall be filed with the <br>commission's records pursuant to KRS 100.167 and shall be available for public <br>inspection during regular business hours. A member shall not vote on an issue in <br>which the member or member's family has an interest. The willful failure of a <br>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 <br>removal proceedings pursuant to KRS 100.157. (3) In counties containing a city of the first class or a consolidated local government, all legislation implementing or amending the plan or amended plan which affects cities <br>of the first through fourth classes shall be enacted by such cities and all other <br>legislation implementing the plan or amended plan shall be enacted by the fiscal <br>court or, in the case of a consolidated local government, by the consolidated local <br>government. (4) 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 <br>provisions of this chapter. Effective: July 15, 2002 <br>History: 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 <br>Ky. Acts ch. 100, sec. 1, effective July 13, 1990. -- Created 1966 Ky. Acts ch. 172, <br>sec. 10.