KRS 100.137: Planning commission in county of 300,000 and county with consolidated

local government -- Qualifications -- Appointment -- Conflicts of interest --

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

which commission shall be composed of three (3) members, who are nonresidents

of the largest city of the county, appointed by the county judge/executive of such

county; three (3) members who are residents of the largest city of the county

appointed by the mayor of that city; and the mayor of the largest city, or his

designee; the county judge/executive, or his designee; the director of works of the

largest city in the county; and the county road engineer. The county judge/executive

and the mayor together shall ensure that three (3) of the six (6) appointees are

citizens who have no direct financial interest in the land development and

construction industry. If the c ommission appoints a citizen member to fill a

vacancy, the commission shall ensure that the balance is maintained. All ten (10)

members of the planning commission shall be required to disclose any personal or

family commercial interest relevant to land use , new development supply, or new

development construction. The disclosure shall be a written, signed statement of the

general nature of the member's interest. The disclosure shall be filed with the

commission's records under KRS 100.167 and shall be availa ble for public

inspection during regular business hours. A member shall not vote on an issue in

which the member or member's family has an interest. The willful failure of a

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

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 commissi on which shall

include eight (8) members who are residents of the planning unit, approved by the

mayor of the consolidated local government pursuant to the provisions of KRS

67C.139. The membership of the planning commission shall also include the mayor

of the consolidated local government, or his or her designee, and the director of

public works of the consolidated local government, or his or her designee, or the

county engineer as determined by the mayor. If the director of public works

designates a desig nee, the designee shall be either a civil or highway engineer

licensed under KRS Chapter 322, and shall have at least three (3) years' practical

road building, road design, or transportation planning experience. The mayor shall

ensure that four (4) of the eight (8) appointees are citizens who have no direct

financial interest in the land development and construction industry. If the

commission appoints a citizen member to fill a vacancy, the commission shall

ensure that the balance is maintained. All ten (1 0) members of the planning

commission shall be required to disclose any personal or family commercial interest

relevant to land use, new development supply, or new development construction.

The disclosure shall be a written, signed statement of the general nature of the

member's interest. The disclosure shall be filed with the commission's records

pursuant to KRS 100.167 and shall be available for public inspection during regular

business hours. A member shall not vote on an issue in which the member or

member's family has an interest. The willful failure of a 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 removal proceedings pursuant to

KRS 100.157.

(3) In counties containing a consolidated local government, all legislation

implementing or amending the plan or amended plan which affects cities with a

population equal to or greater than three thousand (3,000) based upon the most

recent federal decennial census or any city with a population of less than three

thousand (3,000) based upon the most recent federal decennial census that regulated

land use under the provisions of this chapter prior to January 1, 2014, shall be

enacted by such cities and all othe r legislation implementing the plan or amended

plan shall be enacted by the fiscal court or, in the case of a consolidated local

government, by the consolidated local government.

(4) In all other counties the establishment of a planning unit is optional, b ut any

planning unit established in other counties shall comply with the remaining

provisions of this chapter.