{"data":{"id":"us-ky/krs-65.810","jurisdiction":"us-ky","citation":"KRS 65.810","heading":"Sole method of creating a nontaxing special district.","body":"Except as otherwise provided by state law, the sole method of creating a district shall be\nin accordance with the following:\n(1) Persons desiring to form a district shall present a petition to the fiscal court clerk\nand to each member of the fiscal court,  meeting the criteria of KRS 65.815, and\nsigned by a number of registered voters equal to or greater than twenty percent\n(20%) of an average of the voters living in the proposed service area and voting in\nthe last four (4) general elections.  At time of it s submission to fiscal court each\npetition shall be accompanied by a plan of service, showing such of the following as\nmay be germane  to the purposes for which the district is being formed:\n(a) The statutory authority under which the district is created and under which the\ndistrict will operate;\n(b) Demographic characteristics of the area including but not limited to\npopulation, density, projected growth, and assessed valuation;\n(c) A description of the service area including but not limited to the popu lation to\nbe served, a metes and bounds description of the area of the proposed district,\nthe anticipated date of beginning service, the nature and extent of the\nproposed service, the projected effect of providing service on the social and\neconomic growth of the area, and projected growth in service demand or need;\n(d) A three (3) year projection of cost versus revenue;\n(e) Justification for formation of the district including but not limited to the\nlocation of nearby governmental and nongovernmental prov iders of like\nservices; and\n(f) Any additional information such as land use plans, existing land uses,\ndrainage patterns, health problems, and other similar analyses which bear on\nthe necessity and means of providing the proposed service.\n(2) The fiscal court clerk shall notify all planning commissions, cities, and area\ndevelopment districts within whose jurisdiction the proposed service area is located\nand any state agencies required by law to be notified of the proposal for the creation\nof the district.\n(3) The fiscal court clerk shall schedule a hearing on the proposal for no earlier than\nthirty (30) nor later than ninety (90) days following receipt of the petition, charter,\nand plan of service, and shall, in accordance with the procedures of KRS Chapt er\n424, publish notice of the time and place of the public hearing and an accurate map\nof the area or a description in layman's terms reasonably identifying the area of the\nproposed district.\n(4) At the public hearing, the fiscal court shall take testimon y of interested parties and\nsolicit the recommendations of any planning commission, city, area development\ndistrict, or state agency meeting the criteria of subsection (2) of this section.\n(5) The fiscal court may extend the hearing, from time -to-time, fo r ninety (90) days\nfrom the date of the initial hearing and shall render a decision within thirty (30)\ndays of the final adjournment of the hearing.\n(6) Following the hearing, the fiscal court shall set forth its written findings of fact and\nshall approve  or disapprove the formation of the district to provide service as\ndescribed in the plan of service, and to exercise the powers granted by the specific\nstatutes that apply to the district being formed.\n(7) The creation of a district shall be of legal effect only upon the adoption of an\nordinance, in accordance with the provisions of KRS 67.075 and 67.077, creating\nsuch district and compliance with the requirements of KRS 65.005.\n(8) Nothing in this section shall be construed to enlarge upon or to restrict the powers\ngranted a district under the district's specific authorizing statutes.","path":["KRS Chapter 65"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23525","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:22Z","sha256":"e7600123ee020f5f03c469fa84a862d460d99d423de25c08708661962c178fcf","source_id":"us-ky","stale":false,"prev":"us-ky/krs-65.805","next":"us-ky/krs-65.815"},"notice":"GroundRules: Original legal text. Not legal advice."}
