100.324 Public utility facilities excepted -- Review of proposed acquisition,

375 words·~2 min read·/ky/100-324

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

disposition, or change by commission.

(1)All other provisions of this chapter to the contrary notwithstanding, public utilities

operating under the jurisdiction of the Public Service Commission, except as

specified in KRS 100.987, or the Department of Vehicle Regulation or Federal

Energy Regulatory Commission, any municipally owned electric system, and

common carriers by rail shall not be required to receive the approval of the planning

unit for the location or relocation of any of their service facilities. Service facilities

include all facilities of such utilities and common carriers by rail other than office

space, garage space, and warehouse space and include office space, garage space,

and warehouse space when such space is incidental to a service facility. The Public

Service Commission and the Department of Vehicle Regulation shall give notice to

the planning commission of any planning unit of any hearing which affects

locations or relocations of service facilities within that planning unit's jurisdiction.

(2)The nonservice facilities excluded in subsection

(1)of this section must be in

accordance with the zoning regulations.

(3)Upon the request of the planning commission, the public utilities referred to in this

section shall provide the planning commission of the planning unit affected with

information concerning service facilities which have been located on and relocated

on private property.

(4)Any proposal for acquisition or disposition of land for public facilities, or changes

in the character, location, or extent of structures or land for public facilities,

excluding state and federal highways and public utilities and common carriers by

rail mentioned in this section, shall be referred to the commission to be reviewed in

light of its agreement with the comprehensive plan, and the commission shall,

within sixty

(60)days from the date of its receipt, review the project and advise the

referring body whether the project is in accordance with the comprehensive plan. If

it disapproves of the project, it shall state the reasons for disapproval in writing and

make suggestions for changes which will, in its opinion, better accomplish the

objectives of the comprehensive plan. No permit required for construction or

occupancy of such public facilities shall be issued until the expiration of the sixty

(60)day period or until the planning commission issues its report, whichever occurs

first.