262.720 Notice -- Parties -- Hearing -- Determination -- Proposed maximum

318 words·~1 min read·/ky/262-720

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budget.

(1)Within thirty

(30)days after such petition has been filed with the board of

supervisors, it shall cause due notice to be given as provided in KRS 262.010(4) of

the hearing upon the practicability and feasibility of creating such subdistrict. All

interested parties shall have the right to attend such hearing and be heard. If it shall

appear at the hearing that other lands should be included or that lands included in

the petition should be excluded, the board of supervisors may permit such inclusion

or exclusion, provided the land area involved still meets the requirements of KRS

262.705.

(2)If it appears upon the hearing that it may be desirable to include within the proposed

district, territory outside of the area within which due notice of the hearing has been

given, the hearing shall be adjourned and due notice of a further hearing shall be

given throughout the entire area considered for inclusion in the district and a further

hearing shall be held. After final hearing, if the board of supervisors determines,

upon the facts presented at the hearing and upon other available information, that

there is need, in the interest of the public health, safety and welfare for such a

district to function in the territory considered, it shall make and record the

determination and shall define, by metes and bounds, or by recognizable terrain

features and description, the boundaries of the watershed district.

(3)If the board determines after the hearing that it is not feasible for such district to

function in the territory considered, it shall make and record the determination and

shall deny the petition.

(4)If the board determines that there is a need for a conservancy district, the board of

supervisors shall establish a proposed maximum budget for the maintenance of the

proposed conservancy district, to be funded either by millage or flat rate sufficient

to meet the budget.