Find Legal Information

179.070 General powers and duties of engineer -- Requirement of site development plan in certain counties.

Download pdf

179.070 General powers and duties of engineer -- Requirement of site development plan in certain counties. (1) The county engineer shall: (a) Have general charge of all county roads and bridges within the county; <br>(b) See that county roads and bridges are improved and maintained as provided by law; (c) Supervise the construction and maintenance of county roads and bridges and other work of like nature undertaken by the fiscal court or a consolidated local <br>government; (d) Make reports as the county, consolidated local government, or fiscal court directs; (e) Advise and direct employees of contractors how best to repair, maintain, and improve county roads and bridges; (f) Examine the various formations and deposits of gravel and stone in the county to ascertain the materials most available and best suited for the improvement <br>of roads therein, and, when requested by the Department of Highways, submit <br>samples of materials and deposits and make a written report concerning the <br>materials; (g) Establish or cause to be established necessary grades and recommend means of drainage, repair, and improvement; (h) Together with the fiscal court or consolidated local government, consider and either reject or approve plans, specifications, and estimates submitted for the <br>erection or repair of bridges and the construction or maintenance of county <br>roads; (i) Inspect or cause to be inspected each county road or bridge during its construction or improvement, and certify to the fiscal court or the consolidated <br>local government the progress of the work and whether or not the work is <br>being done according to the contract, plans, and specifications prepared <br>therefor. If the work is not being done in accordance with the contract, plans, <br>and specifications, the county engineer may stop any further work thereunder <br>until the fiscal court or consolidated local government has inspected and <br>passed upon it; (j) Remove trees or other obstacles from the right-of-way of any publicly dedicated road when the tree or other obstacles become a hazard to traffic; (k) Make recommendation to municipal authorities in a county containing a city of the first or second class, the mayor in a consolidated local government, or <br>the county judge/executive of a county containing a city of the first or second <br>class for the establishment of speed limits in accordance with the powers <br>granted to municipal authorities, consolidated local governments, and the <br>county judge/executive by KRS 189.390(5)(a), and make recommendations to <br>the county judge/executive or consolidated local government for the <br>establishment of parking restrictions by the county judge/executive or <br>consolidated local government in accordance with KRS 189.390(5)(c); and (l) Make engineering and traffic investigations and make recommendations based thereupon to the fiscal court of counties containing a city of the first or second <br>class or consolidated local government for the adoption of traffic regulations <br>for any publicly dedicated road in unincorporated portions of the county or for <br>any road made a portion of a county through road system, established in <br>accordance with KRS 178.330 or 178.333, or both, in any manner reasonably <br>calculated to promote the safety and convenience of the traveling public and <br>to protect and preserve the roads and streets. The fiscal court or consolidated <br>local government may adopt regulations which may include but not be limited <br>to the establishment on roads designated in the first sentence of this <br>subsection, of traffic lanes, the installation or removal of electric signals and <br>other signs and markers, the removal of traffic bumps, the limitation or <br>prohibition of parking, and the regulation or prohibition of a size or weight <br>deemed likely to impede traffic or injure the streets; provided, however, that if <br>such regulation of size and weight of vehicles conflicts with state regulations, <br>the latter shall prevail. Nothing herein shall be construed to prevent the fiscal <br>court or consolidated local government from contracting with city authorities <br>for the joint installation of signs, markers, and electric signals and for their <br>maintenance. (2) In counties containing a city of the first class or consolidated local government, or when authorized by ordinance of the fiscal court of a county containing a city of the <br>second class, having the services of a county engineer, every person, subdivider, <br>builder, contractor, or developer of any construction project shall submit to the <br>county engineer for his written approval a site development plan providing for the <br>proper drainage of surface water from the development or construction site so as to <br>prevent flooding of property in the area. If the proposed site plan does not <br>adequately provide for such drainage, the county engineer shall order such changes <br>as necessary before approving the site plan. Effective: July 15, 2002 <br>History: Amended 2002 Ky. Acts ch. 346, sec. 191, effective July 15, 2002. -- Amended 1992 Ky. Acts ch. 143, sec. 2, effective July 14, 1992. -- Amended 1990 <br>Ky. Acts ch. 261, sec. 1, effective July 13, 1990. -- Amended 1978 Ky. Acts ch. 384, <br>sec. 316, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. IV, <br>sec. 20(1). -- Amended 1972 Ky. Acts ch. 348, sec. 1. -- Amended 1964 Ky. Acts <br>ch. 80, sec. 8. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, <br>from Ky. Stat. sec. 4328. Legislative Research Commission Note (9/2/92). The internal numbering of this statute has been changed by the Reviser of Statutes acting under KRS 7.136(1).