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178.117 Private improvement of public road in unincorporated territory -- When permitted -- Procedure.

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178.117 Private improvement of public road in unincorporated territory -- When permitted -- Procedure. (1) Any person or corporation, public or private, or any group of such persons or corporations or both, residing in or owning property adjacent to any publicly <br>dedicated road in unincorporated territory in any county and desiring to make any <br>improvements to the publicly dedicated road shall submit to the fiscal court, the <br>urban-county government, or the consolidated local government for approval plans <br>and specifications for its improvements at their own expense. Any request for <br>private improvement shall include all the information required by KRS 184.020 to <br>accompany a request for the creation of a public road district pursuant to that <br>section. (2) The sponsors of the private improvement of the publicly dedicated road shall present their request, together with the attached maps and estimates of cost, to the <br>fiscal court, the urban-county government, or the consolidated local government, <br>who shall turn over to the county engineer for his or her consideration the maps and <br>estimates of cost. In considering whether to permit the requested improvement, the <br>fiscal court, the urban-county government, or the consolidated local government, <br>and the county engineer shall follow the same procedures provided for in KRS <br>184.040 and the same appellate rights provided for in these sections are available to <br>the petitioners. When the county engineer receives from the fiscal court, the urban-<br>county government, or the consolidated local government an application for <br>approval of plans or specifications for the private improvement of publicly <br>dedicated roads by some individual or corporation, or a combination thereof, the <br>county engineer shall be authorized and empowered to examine, inspect, and <br>investigate, as seems to be advisable, the sufficiency of the improvements which the <br>application seeks to serve the purposes intended, and to establish and make <br>reasonable charges for his or her services on the basis of a schedule adjusted <br>according to the services required to conduct the investigation or on any other <br>reasonable method. (3) When it appears to the county engineer that the completion of the improvement by or on behalf of any individual or corporation requires inspection and supervision in <br>order to assure the protection of the public safety and the proper subsequent <br>completion of the work for the purposes intended, the county engineer shall include <br>findings in his or her recommendation to the fiscal court, the urban-county <br>government, or the consolidated local government approving, modifying, or <br>disapproving the particular plans and projects, and shall charge the person or <br>corporation for the inspection and supervision on the basis of the actual cost of <br>inspection plus a reasonable additional cost of supervision. Effective: July 13, 2004 <br>History: Amended 2004 Ky. Acts ch. 61, sec. 8, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 346, sec. 185, effective July 15, 2002. -- Amended 1984 Ky. Acts <br>ch. 64, sec. 18, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 310, <br>effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 20, sec. 6, <br>effective January 2, 1978. -- Created 1964 Ky. Acts ch. 80, sec. 10.