(A) Unless otherwise exempted by this subchapter, any party performing an activity within the rights-of-way requires an encroachment permit issued by the city.
(B) Activities which may be performed by registrants without a permit. Any registrant maintaining a valid registration pursuant to this subchapter may perform the following activities without a permit, unless such work will require the registrant to block a portion of a street in a manner that obstructs traffic:
(1) Installation or replacement of cable or wiring on existing above-ground utility poles;
(2) Repair, replacement, or maintenance of existing above-ground facilities, including poles or miniature cellular towers, in the same location with no street, curb, apron, sod, or sidewalk cuts, provided any replacement facilities are of comparable size as the existing facilities; or
(3) Any work performed inside existing conduits, vaults, or similar structures that do not otherwise require an encroachment permit.
(4) Any work which temporarily blocks or occupies a right-of-way, unless the temporary blockage or occupation occurs on high volume traffic areas. For the purpose of this sub-chapter high volume traffic areas are: Thomas More Parkway, Center View Blvd., Rhine Valley Drive, and Horse Branch Road. These high volume traffic areas require an encroachment permit prior to any activity undertaken by registrants; however if the blockage or occupation of these rights of ways shall only be for two hours or less, the permit fee shall be waived.
(C) Encroachment permit. Except for those activities authorized without a permit by division (B), a registrant shall apply to the city for an encroachment permit in order to:
(1) Perform any excavating, digging, cutting, boring, or tunneling into, through, or under any paved street surface, curb, sidewalk, sod, or apron within the rights-of-way, and said permit shall include all aspects of the anticipated activities without the need for multiple permits;
(2) Perform any construction, installation, repair, replacement, or maintenance of facilities in the right-of-way; or
(3) Temporarily occupy the right-of-way.
(D) Time for application.
(1) An encroachment permit for the performance of non-emergency work shall be applied for at least ten (10) days prior to such planned activity. Notwithstanding the foregoing, the Director may waive said time period for good cause shown. The city shall approve, deny, or conditionally approve a permit application within five (5) business days of the receipt of the application, and in the case of a conditional approval or denial, state in writing the basis for such determination and what conditions must be met by the applicant in order to obtain a permit. Any work performed without proper notification shall constitute work being done without a permit, and as such constitute a violation of this subchapter.
(2) A permit issued pursuant to an emergency shall be applied for no later than three (3) business days after the discovery of the emergency. Notwithstanding the foregoing, the Director may waive said time period for good cause shown. Emergency work, as defined by this subchapter, may be completed without first obtaining a permit.
(E) Application for permit.
(1) All applications for permits shall contain the following information:
(a) The identity and legal status of the applicant (the party to whom the permit is issued).
(b) The name, address and telephone number of the officer, agent, or employee requesting the permit.
(c) A description of all activities covered by the permit, the locations and estimated dates and times of commencement and completion thereof.
(d) The number of all surface cuts, if any, to be covered by the permit, and the approximate dimensions of each cut.
(2) A single permit may be issued for multiple surface cuts or installations, provided that no such surface cut or installation covered in a single permit shall be more than five hundred (500) feet apart, or upon a showing by the permit applicant that the granting of a single permit shall not significantly affect the city's ability to efficiently administer this subchapter.
(F) Fee.
(1) In order to compensate the city for its costs in administering this subchapter, each registrant shall be assessed a fee of:
(a) Fifty dollars ($50) upon application for a permit authorizing a street surface cut;
(b) Twenty dollars ($20) upon application for a permit authorizing a sidewalk or bike path cut, or for a permit authorizing a bore cut; and/or
(c) Fifteen dollars ($15) upon application for a permit authorizing a sod cut, for a permit authorizing the blocking of any street in a manner that obstructs traffic, or for any other encroachment not listed above.
(2) The appropriate fee shall be assessed for each category applied for on one permit, but no applicant shall be assessed a fee of more than fifty dollars ($50) total per project or permit application.
(3) The city shall invoice all permit fees to the applicant on a quarterly basis, which shall be due to the city thirty (30) days after the date of the invoice.
(G) Notification of inspections. If the city knows at the time of the issuance of the permit that it shall require an inspection pursuant to this subchapter, it shall notify the permittee that such an inspection is required.
(H) Denial. The Director, in his or her reasonable discretion, may deny or revoke an encroachment permit, or may issue a permit that is contingent upon the applicant performing certain requirements that shall be specified in the permit. A decision by the Director to deny an encroachment permit application shall be based on at least one (1) of the following criteria:
(1) It significantly conflicts with the location of existing facilities or facilities that are planned or permitted for installation, or city improvements or facilities that are planned in that area;
(2) It significantly conflicts with the timing of other ongoing activity taking place in the same area of the right-of-way, or with a previously scheduled activity;
(3) It conflicts with the planned grading, re-grading, construction, reconstruction, widening, or altering of any right-of-way, including streets and sidewalks, or the construction, reconstruction, repair, maintenance, or alteration of a public improvement, including, but not limited to, storm sewers, sanitary sewers, and street lights;
(4) It conflicts with an approved development plan in that geographic area that requires all or certain types of facilities to be located in certain locations, areas, or parts of the rights-of-way;
(5) It is an above-ground facility other than a utility pole, fire hydrant, or street light that, because of its size, presents significant public safety concerns or violates guidelines or procedures pertaining to aesthetics that are duly adopted by the city;
(6) It fails to take reasonable measures to disguise or cover the facility as required by the city;
(7) It conflicts with a requirement contained in the applicant's franchise agreement;
(8) It is located in a type of right-of-way, such as a bicycle lane or path, in which the city has made a determination that facilities are not to be installed;
(9) It would threaten public health, safety, or welfare, or otherwise constitute a violation of the provisions of this subchapter; or
(10) The applicant is not otherwise in material compliance with the provisions of this subchapter.
(I) Exceptions. Permits shall not be required to be obtained pursuant to this subchapter if the facilities involved are of the following nature. However, the party responsible for such facilities shall comply with all remaining provisions of this subchapter, as well as any other chapter that may apply, unless otherwise exempted.
(1) Newspaper stands;
(2) Signage;
(3) Facilities associated with sidewalk cafes or the sale of goods or merchandise;
(4) Facilities owned by the Commonwealth of Kentucky;
(5) Facilities installed to provide new development with connections to utility service and for which the city is provided performance and warranty surety protection under its land development regulations; and
(6) Facilities installed by the city that are not used to provide competitive utility services.
(J) Permit availability. Permits issued pursuant to this subchapter shall be available at all times at the indicated work site and shall be available for inspection by the Director or other city employees or officials upon request.
(Ord. 2018-11-01, passed 12-13-18)