A revised county road ordinance will soon be in effect if fiscal court approves final reading on the new document next month. Fiscal court, during a call meeting last Tuesday, approved first reading of the revised ordinance which calls for some subtle changes, including pertaining to county roads in subdivisions.
The changes in the county road ordinance pertaining to adopting and maintaining county roads have been discussed and debated over the past couple of months, but the new ordinance that was introduced and summarized by assistant County Attorney Gary Little last week seemed to be agreeable to all magistrates.
The court, on a motion by magistrate Hershell Key to approve first reading and advertise the ordinance, passed 5-0 with magistrate Terry Buster not being present.
Magistrate Ricky Craig asked if there could be any more wording included pertaining to requiring contractors who build subdivisions to pay for their own roads, but attorney Little said that may put things into deeper legal issues when adopting or maintaining roads and added he felt the wording of the ordinance already covers those type issues.
The court scheduled second reading of the ordinance for its next regular meeting on July 20.
The following are the highlights of the new county road ordinance, when passed, laying out the process of adopting and/or maintaining roads that are accepted into the county road system.
Section 1. Except as provided in Section II, there is hereby established mandatory specifications which must be met by Petitioners to the Clinton County Fiscal Court for the adopting of any and all roads as a county road in Clinton County, Kentucky. In addition to the statutory requirements for the adoption of a road as a county road, the following specifications shall be met at the expense of any and all petitioners to the said fiscal court prior to any type of maintenance by the County with the exception of Section II, Paragraph I of the Ordinance.
1, Any proposed County Road must serve more than two (2) families;
2. There must be a minimum 30 feet right of way deeded to the County;
3. Each proposed County Road must be ditched, tiled and grated;
4. A base rock foundation must be laid on any proposed road prior to adoption;
5. The County has its discretion up (to) two years to provide maintenance for any adopted County Road;
6. Any new proposed County Roads and Roads adopted by the County must be inspected by the County Road Supervisor and Magistrate of the District, and a report filed with the fiscal court which may be included in the regular Viewer’s Report mandated by Statute. Public needs excluded;
7. Any Petitioner(s) or Grantors for a proposed adoption of a subdivision road as a County Road must have four inches of base rock, four inches of blacktop, and must be ditched, tiled and grated. Additionally, the petitioner or grantor must bear the expense of survey costs, advertisement, and deed preparation in addition to the above mentioned requirements, expenses to be paid prior to adoption.
Section II:
1. It shall be the discretion of the Clinton County Judge / Executive and members of the Clinton County Fiscal Court to accept, adopt and maintain new roads and extensions of existing roads into the Clinton County Road System which lead to government and state lands. The acceptance of these roads into the Clinton County Road System must be deemed to be for the improvement of public economic development for Clinton County, Kentucky and the road must lead to lands which government or state entities have addressed the Clinton County Fiscal Court for adoption.
Section III:
This Ordinance is hereby declared to be a measure in the interest of public peace, health, welfare and safety, and shall therefore go into immediate effect upon its passage, adoption and publication as required by law.
The next regular meeting of Clinton Fiscal Court is scheduled for Thursday, July 20 at 5 p.m. in the upstairs courtroom of the courthouse and is open to the general public.