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The County Fiscal Court establishes the following criteria and guidelines for accepting roads into the county road, bridge, and street system.
(A) Any existing road that has not been taken into the county road system which was constructed, or right-of-way dedicated with a proven visible vehicular way prior to April 20, 1977, may be considered for inclusion into the county road maintenance system and may qualify for county assistance.
(B) Any existing road that has not been taken into the county road system which was constructed, or right-of-way dedicated after the adoption of the public improvement specifications by the County Fiscal Court on April 20, 1977, must meet the standards of the public improvement specifications in order to be considered for inclusion in the county road system.
(C) Any existing road that has not been taken into the county road system located in a subdivision with a recorded right-of-way in the County Clerk’s office after April 20, 1977 cannot be considered for inclusion into the county road system unless it meets the standard specifications of the public improvement specification. It will be the responsibility of the developer/owner of that subdivision to bring such roads to the standard specifications of the public improvement specification as adopted by the County Fiscal Court on April 20, 1977. If the developer/owner fails to improve such road, residents of that subdivision will be responsible to meet the public improvement specifications unless the County Fiscal Court finds it in the public interest to approve otherwise.
(Ord. KOC 620.33 (2000), passed 10-24-2000)
No road shall be considered for county road status unless said road shall meet all of the following minimal qualifications.
(A) The proposed road shall currently service three or more residential units.
(B) The proposed road shall be free of obstacles that may be hazardous to the motoring public.
(C) The proposed road shall not be subject to water ponding for a prolonged period of time during dry weather conditions.
(Ord. KOC 620.33 (2000), passed 10-24-2000)
(A) There shall be a written request, with the consent of all property owners submitted to the County Fiscal Court for any road to be considered for inclusion into the county road maintenance system.
(B) The County Engineer will inspect the road and then submit to the County Fiscal Court in a reasonable period of time a written report as to the condition of the road and recommend whether the road can be considered for inclusion.
(C) Pursuant to KRS 100.324, the County Fiscal Court will then forward the proposal to the Owensboro Metropolitan Planning Commission for review in light of the comprehensive plan and ask that the Owensboro Metropolitan Planning Commission make a recommendation on the proposal for inclusion.
(D) The County Fiscal Court will then decide whether or not such road should be accepted as a county road and considered for inclusion into the county road maintenance system.
(E) If the County Fiscal Court agrees to accept said road as a county road, then the applicant seeking to establish said road as a county road must fully comply with the requirements set out in division (D) above; otherwise, the road shall not be accepted by the County Fiscal Court.
(Ord. KOC 620.33 (2000), passed 10-24-2000)
(A) After the road is considered for inclusion in the county road system, the following minimum standard specifications should be satisfied or otherwise approved by the County Engineer before the County Fiscal Court can approve such road for inclusion:
(1) Sixty feet of right-of-way or as approved by the County Fiscal Court;
(2) Eighteen feet of minimum width of road pavement with two feet of gravel shoulders and 22 feet for gravel road or as approved by the County Fiscal Court;
(3) Shall meet the minimum requirements of the City of Owensboro public improvement specifications for:
(a) Minimum and maximum acceptable road grade and pavement thickness;
(b) Vertical and horizontal site distance; and
(c) Intersection configurations.
(4) Proposed roads shall have a drainage system which allows water runoff to drain away in a fashion that shall not interfere with or add to a drainage problem in the area surrounding the road;
(5) Proposed roads shall have road side ditches of slopes not steeper than 2:1 or flatter than 10:1 and shall have sufficient size cross drains which carries water from one side to the other if needed; and
(6) Existing utilities shall be properly relocated at the landowner’s expense, if needed, to allow for improvement and future expansion.
(B) After work is performed to bring the road to the minimum standards of this subchapter and all costs that are the responsibility of the property owners are paid or the financial obligations are agreed upon, the County Engineer will recommend approval to the County Fiscal Court, subject to the following requirements.
(1) All legal documents (if needed) such as easement, right-of-way, plans, and the like, shall be prepared by an authorized and licensed person at the property owner’s expense.
(2) There shall be available property from all property owners with sufficient size to meet minimum county rights-of-way.
(3) The County Fiscal Court will decide on the type of maintenance for such road. At no time shall the residents of that road dictate or impose on the County Fiscal Court the level of service it should maintain.
(4) The road will be inspected by the County Engineer and prioritized according to current conditions and amount of upgrades necessary to meet the minimum standards. Roads with the most traffic, highest number of residences, and requiring the least amount of work will be given the highest priority for inclusion.
(5) The County Engineer will recommend the degree of upgrade including paving, base improvements, initial surfacing, resurfacing, shoulders, and culverts. Certain work may be performed by the county.
(6) The County Fiscal Court may allow property owners a method to finance payment for the road construction materials.
(7) It will be placed on the appropriate list for the future maintenance including rocking, surfacing, or resurfacing. It will not be given priority over any road simply because it is a new road.
(8) The County Fiscal Court will then amend Ordinance KOC 620.15 (88) relating to the establishment of the county road, bridge, and street system.
(Ord. KOC 620.33 (2000), passed 10-24-2000)
SIDEWALKS
The County Engineer is designated as an agent for the county to administer all sidewalk projects under this subchapter, within the following guidelines.
(A) (1) The county shall notify the owner(s) of property abutting any public sidewalk in the county, outside the corporate limits of the cities of Owensboro and Whitesville, when repair or reconstruction of the sidewalk becomes necessary to maintain it in a reasonably safe condition for the use by the public.
(2) The notice shall inform owner(s) of necessary repairs and request that the owner(s) complete the work within a reasonable time.
(3) If owner(s) fail to begin necessary repairs within ten days after receiving notice, the county may complete the necessary repairs at the owner(s) expense.
(4) After completing repairs, the county shall send the owner(s) a statement of the cost to repair.
(5) If the owner(s) fail to pay costs to repair within 30 days after the date of the notice, the County Treasurer shall file in the County Clerk’s office, a statement of the costs incurred by the county which shall become a lawful lien against the property and shall bear interest at the rate of 8% per annum until paid.
(B) The county shall furnish and pay for cement concrete material for approved sidewalk repair, if and only if, property owner(s) pay all other costs necessary to complete the sidewalk project.
(C) The county shall not furnish materials for sidewalks outside of public rights-of-way.
(D) The county may furnish concrete material to reconstruct sidewalks to existing width, but not less than four feet.
(E) The county shall not furnish concrete to construct or reconstruct driveway aprons (that portion of a driveway entrance or exit from the sidewalk to the street curb).
(F) The County Engineer shall establish and enforce requirements for permits, bonds and construction specifications.
(G) (1) When a property owner(s) receives a notice to repair a sidewalk or requests the County Engineer to assess proposed sidewalk work, the County Engineer shall estimate the theoretical volume of concrete needed to complete the work.
(2) The county shall pay an amount equal to the cost of the theoretical volume of concrete at the county’s contract rate. The County Engineer shall furnish this information to the owner(s). The actual payment by the county shall be based on field measurements as per division (H) of this section.
(H) The county shall base its payment to owner(s)/contractor for cement concrete upon measurements and calculations by the County Engineer using theoretical volumes required for the proposed work. In calculating the theoretical volume, the county shall use sidewalk thickness of four inches, except it shall use a six-inch thickness for sidewalks crossing driveways. The county may add up to 5% of the theoretical volume for normal construction variation and waste. Property owner(s) shall pay for all cement used over and above the calculated volume.
(I) Owner(s) shall use cement concrete only from the county’s concrete materials contractor for work approved under this subchapter. The county shall pay its contractor at the county’s contract price. The owner may purchase additional concrete from any vendor, but the owner(s) shall pay the vendor.
(J) The county shall determine if the condition of a sidewalk requires repair and or reconstruction.
(K) The County Engineer shall determine and resolve any questions or circumstances regarding the sidewalk work performed under this subchapter.
(Ord. KOC 620.7, passed 7-15-1980; Ord. KOC 620.7 (2015), passed 4-2-2015)
(A) The Fiscal Court designates the County Engineer as its agent to administer all sidewalk projects under this subchapter within the following guidelines:
(1) Owner(s) shall install all sidewalks outside the corporate limits of the cities of Owensboro and Whitesville within five years from the date of its final approved plat and according to the requirements existing at the time of sidewalk installation of the Owensboro Metropolitan Planning Commission and Americans with Disabilities Act.
(2) If owner(s) of the land abutting such sidewalk fail to install the sidewalk, the county may install the sidewalk at the property owner(s) expense.
(3) Owner(s) may petition the County Engineer for a reasonable extension of time to install the sidewalk.
(4) If the owner(s) fail to pay the costs of installation within 30 days after demand, the County Treasurer may file in the County Clerk’s office a lien of the costs incurred by the county; that amount shall constitute a lawful lien against such property and shall bear interest at the rate of 8% per annum until paid.
(B) The owner(s)/developer(s) is responsible for all costs associated with sidewalk installation including concrete.
(Ord. KOC 620.7 (2015), passed 4-2-2015)
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