KRS 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 publi cly

dedicated road in unincorporated territory in any county and desiring to make any

improvements to the publicly dedicated road shall submit to the fiscal court, the

urban-county government, or the consolidated local government for approval plans

and spe cifications for its improvements at their own expense. Any request for

private improvement shall include all the information required by KRS 184.020 to

accompany a request for the creation of a public road district pursuant to that

section.

(2) The sponsor s of the private improvement of the publicly dedicated road shall

present their request, together with the attached maps and estimates of cost, to the

fiscal court, the urban -county government, or the consolidated local government,

who shall turn over to the county engineer for his or her consideration the maps and

estimates of cost. In considering whether to permit the requested improvement, the

fiscal court, the urban -county government, or the consolidated local government,

and the county engineer shall f ollow the same procedures provided for in KRS

184.040 and the same appellate rights provided for in these sections are available to

the petitioners. When the county engineer receives from the fiscal court, the urban -

county government, or the consolidated l ocal government an application for

approval of plans or specifications for the private improvement of publicly

dedicated roads by some individual or corporation, or a combination thereof, the

county engineer shall be authorized and empowered to examine, in spect, and

investigate, as seems to be advisable, the sufficiency of the improvements which the

application seeks to serve the purposes intended, and to establish and make

reasonable charges for his or her services on the basis of a schedule adjusted

according to the services required to conduct the investigation or on any other

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 supervi sion in

order to assure the protection of the public safety and the proper subsequent

completion of the work for the purposes intended, the county engineer shall include

findings in his or her recommendation to the fiscal court, the urban -county

government, or the consolidated local government approving, modifying, or

disapproving the particular plans and projects, and shall charge the person or

corporation for the inspection and supervision on the basis of the actual cost of

inspection plus a reasonable additional cost of supervision.