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179.470 Maintenance of subdivision roads in counties.

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179.470 Maintenance of subdivision roads in counties. (1) In counties containing a city of the third class, and not a city of the first class or a consolidated local government, any street or road located outside of the corporate <br>limits of an incorporated city which is a street or road of a subdivision established <br>by a recorded plat that dedicates the street or road to public use, shall be maintained <br>by the fiscal court of the county in the same manner that roads established under <br>KRS 178.115 are maintained, if the street or road is at least one thousand (1,000) <br>feet in length and at least fifty percent (50%) of the lots abutting the street or road <br>contain houses which are occupied, and the street or road has been or shall be so <br>constructed as to meet the approval of the county road engineer or, if there is no <br>county road engineer, the approval of the fiscal court, such approval being based <br>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 <br>area of the county not within a city of the second, third, or fourth class or within the <br>area formerly comprising a city of the first class, which is a street or road of a <br>subdivision that dedicated the street or road to public use, may be maintained by the <br>fiscal court of the county or consolidated local government as the case may be, in <br>the same manner as provided in subsection (1) and subject to the same conditions. <br>In addition, street lights and other improvements already established may be <br>maintained by the fiscal court or consolidated local government. The county or <br>consolidated local government shall be reimbursed for the cost of such maintenance <br>by the abutting property owner whose proportionate share of the cost of <br>maintenance shall be added to the owner's county tax bill and collected in the same <br>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 <br>(115,000) and a city of the second class or in counties containing a city of the <br>fourth, fifth, or sixth class and not a city of the first, second, or third class, any street <br>or road in an unincorporated area or a city of the sixth class of the county, which is <br>at least two hundred (200) feet in length and dedicated to public use, may be <br>maintained by the fiscal court of the county in the same manner as provided in <br>subsection (1) of this section. In addition, street lights, garbage collection, water, <br>and sewer services may be provided by the fiscal court. The county shall be <br>reimbursed for the cost of such maintenance and services by the abutting property <br>owner whose proportionate share of the cost of maintenance and services shall be <br>added to the owner's county tax bill and collected in the same manner as county <br>taxes. Further, upon the petition of fifty percent (50%) or more of the abutting <br>property owners of the street or road, the fiscal court may by proper resolution <br>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 <br>maintenance unless twenty-five percent (25%) of the abutting property owners <br>petition the fiscal court or consolidated local government for county maintenance. The fiscal court or consolidated local government within thirty (30) days thereafter <br>shall hold a public hearing on the petition. If fifty percent (50%) of the abutting <br>property owners agree in writing to accept county maintenance, the fiscal court of <br>the county or the consolidated local government may maintain the road or street in <br>the same manner as provided in subsection (2) or (3) of this section as applicable <br>and subject to the same conditions. Effective: July 15, 2002 <br>History: Amended 2002 Ky. Acts ch. 346, sec. 193, effective July 15, 2002. -- Amended 1980 Ky. Acts ch. 105, sec. 1, effective July 15, 1980. -- Amended 1976 <br>Ky. Acts ch. 337, sec. 1. -- Amended 1972 Ky. Acts ch. 79, sec. 1. -- Amended 1956 <br>Ky. Acts ch. 217, sec. 1, effective May 18, 1956. -- Created 1950 Ky. Acts ch. 5, <br>sec. 1.