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Notwithstanding any provisions of this chapter, no approval of any entrance or encroachment permit or portion thereof, by the Department of Planning and Development, the Engineering Department or any other public agency or official of the city, whether employed, elected or appointed, shall operate as warranty or guarantee of the safety or reasonableness of any entrance or encroachment activity or portion thereof, or act in any way to limit or alter any common-law duties imposed on the developers or authors of such plans.
(Ord. 06-2012, passed 4-2-2012)
Any person may file a written complaint alleging violation of these standards. Such complaint shall state fully the cause and base thereof and shall be filed with the City Engineer. The City Engineer or his or her agent shall properly record such complaint and investigate and take action thereon as provided by these regulations to cite the violator.
(Ord. 06-2012, passed 4-2-2012)
(A) When required. Entrance permits shall be required as follows:
(1) For new construction of commercial or industrial development;
(2) For existing commercial or industrial development, when entrances in use prior to the adoption of this subchapter are changed structurally (i.e., widened, shortened, radius changes);
(3) For all vehicular use areas;
(4) For residential development driveways;
(5) For private streets; and
(6) For new public streets.
(B) Entrance permit procedures. To formally request action on the required entrance permit, the applicant shall file a completed application form to the Engineering Department. The procedure for entrance permits differs based upon the type of development.
(1) Entrance permits with development plans.
(a) Review. When a development plan is required by the city’s Zoning Ordinance, the applicant may submit the required information for an entrance permit, to the Engineering Department, concurrently with the development plan application. The encroachment permit number shall be provided on the development plan prior to signature of approval.
(b) Action. The city shall act within 30 days of submission in the following manner:
1. Approval. The city may approve the entrance as submitted;
2. Conditional approval. The city may approve the entrance conditionally and require amendment to the application before granting full approval; or
3. Disapproval. The city may disapprove the entrance and shall state in writing its reasons for disapproval.
(2) Entrance permits with building permits.
(a) Review. When an entrance permit is required as part of a residential development, the applicant must submit the required information for an entrance permit along with the building permit application to the Engineering Department. The encroachment permit must be obtained prior to applicant receiving construction permit approval.
(b) Action. The city shall act within 30 days of submission in the following manner:
1. Approval. The city may approve the entrance as submitted;
2. Conditional approval. The city may approve the entrance conditionally and require amendment to the application before granting full approval; or
3. Disapproval. The city may disapprove the entrance plan and shall state in writing its reasons for disapproval.
(3) All other entrance permits.
(a) Review. The city shall review entrance permit applications for compliance with the guidelines and information as required by this subchapter. All permit applications shall be submitted to the Engineering Department.
(b) Action. The city shall act within 30 days of submission in the following manner:
1. Approval. The city may approve the entrance as submitted;
2. Conditional approval. The city may approve the entrance conditionally and require amendment to the application before granting full approval; or
3. Disapproval. The city may disapprove the entrance plan and shall state in writing its reasons for disapproval.
(C) Contents of entrance permit site plan. Required plan information shall be as follows (unless certain items are waived by the city):
(1) Title block showing plan name, owner, developer plan and application preparer, firm or company, with written and graphic scale;
(2) Scale of plan should be one inch equals 20 feet or other approved scale;
(3) North arrow;
(4) Location, width and grade of proposed driveway;
(5) Angles of proposed driveway with city right-of-way;
(6) Location and size of any existing or proposed cross drain or side drain pipes or culverts and the direction of flow within such structures;
(7) Distance between driveway measured along edge of pavement or along curb line, in both directions of travel;
(8) Proposed radii of all curves;
(9) The proposed use of the property;
(10) Any proposed divided highway access;
(11) Frontage roads with length, width, radii and corner clearance;
(12) Sight distance requirements/calculations;
(13) Traffic control device plans, both temporary and permanent;
(14) Anticipated traffic count by an applicant provided traffic study;
(15) Location of utilities (lines, poles, hydrants, manholes, pipes, conduit, both above and below grade);
(16) Location of street trees;
(17) Sidewalks, including accessible connections and crosswalks; and
(18) Material of entrance.
(D) Amendments to entrance permits. Amendments to approved entrance permits can be made only by the same procedure required for the original submission.
(Ord. 06-2012, passed 4-2-2012)
(A) When required.
(1) Encroachment permits shall be required for any work performed upon the city’s rights-of-way that disturbs any roadway, sidewalk or any other portion of the right-of-way or requires a shut down of vehicular or pedestrian travel way for a period lasting longer than 24 hours or shut down requiring two or more consecutive days.
(2) Encroachment permits are not required for utility companies having franchise agreements with the city when performing emergency or routine maintenance; except that, notice of road closures and damage to the roadway and right-of-way features shall be provided by the utility company.
(B) Encroachment permit procedures. To formally request action on the required encroachment permit, the applicant shall file a completed application form and a site plan.
(1) Encroachment permit with subdivision application.
(a) Review. When an encroachment permit is required as part of work being performed as part of a subdivision development, the applicant may indicate all the required information for the encroachment permit on the improvement plan as required by the city’s Subdivision Regulations and shall submit an encroachment permit application. The encroachment permit number shall be provided on the improvement plans.
(b) Action. The city shall act within 30 days of submission in the following manner:
1. Approval. The city may approve the encroachment as submitted;
2. Conditional approval. The city may approve the encroachment conditionally and require amendment to the application before granting full approval; or
3. Disapproval. The city may disapprove the improvement plan and shall state in writing its reasons for disapproval.
(2) All other encroachment permits.
(a) Review. The city shall review encroachment permit applications for compliance with the guidelines and information as required by this subchapter.
(b) Action. The city shall act within 30 days of submission in the following manner:
1. Approval. The city may approve the encroachment as submitted;
2. Conditional approval. The city may approve the encroachment conditionally and require amendment to the application before granting full approval; or
3. Disapproval. The city may disapprove the encroachment plan and shall state in writing its reasons for disapproval.
(C) Contents of encroachment permit site plan. Required information shall be as follows (unless certain items are waived by the city):
(1) Title block showing name, owner, developer, plan and application preparer firm or company, with written and graphic scale generally describing the scope of work;
(2) Scale of plan shall be one inch equals 20 feet or other approved scale;
(3) North arrow;
(4) Numbers and/or names of all streets and highways which appear on the plan;
(5) Details of adjacent roadways, including entrances, and all existing median facilities, including cross-overs, openings, storage lanes, tapers within 300 feet of work area in both directions;
(6) Width of existing roadway pavements and shoulders;
(7) Distance from the edge of the pavement to the side ditch and the direction of flow of the ditch if ditched lined street;
(8) Distance from the centerline of the city street to the right-of-way line;
(9) Location of property lines along the right-of-way;
(10) Location of all utilities above and below ground line;
(11) The location of all signs, signals or other traffic-control devices existing along the right-of-way being disturbed;
(12) Traffic-control device plans, both temporary and permanent;
(13) Type of encroachment; and
(14) Limits of disturbance.
(D) Amendments to encroachment permits. Amendments to approved encroachment permits can be made only by the same procedures required for the original submission.
(Ord. 06-2012, passed 4-2-2012)
All construction shall be protected from flooding and erosion damage (i.e., open pipes shall be protected from filling with mud or debris). Erosion and flooding control shall be exercised during construction to prevent damage to property adjacent to the development. An erosion prevention and sediment control permit, per Ord. 01-2007, shall be obtained prior to work being started.
(A) Drainage. Any proposal to alter or increase a drainage area or change in any way a drainage structure must be accompanied by a complete drainage survey (upstream and downstream) based on a 25-year and a 100-year storm with hydraulic analysis of all affected drainage structures in the area. In the event that any permittee’s development is to create sufficient additional surface drainage runoff, so that the existing downstream drainage facilities such as ditches, paved ditches, special channels or any other drainage facility within city-maintained right-of-way becomes inadequate to accommodate the increased flow, it is then the sole responsibility of the permittee to:
(1) Modify or replace the downstream drainage facility or facilities, in order that the increased flow is adequately accommodated to the satisfaction of the city; and
(2) Provide an on-site detention basin of appropriate capacity and discharge design to enable the existing downstream drainage facilities to continue to function adequately to the satisfaction of the city, as required by this subchapter, the Zoning Ordinance, the Subdivision Regulations and Property Maintenance Ordinance.
(B) Utilities.
(1) Utilities are not to be placed in or through existing drainage conduits.
(2) Notification of utility companies before excavating (Occupational Safety and Health Act requirements) - Kentucky Occupational Safety and Health Standards for the construction industry which has the effect of law states in part (1926.651 Specific Excavation Requirements): “Prior to opening an excavation, effort shall be made to determine whether underground installation, i.e., sewer, telephone, water, fuel, electrical lines or other utilities will be encountered and, if so, where such underground installations are located. When the excavation approaches the estimated location of such an installation, the exact location shall be determined and when it is uncovered, proper supports shall be provided for the existing installation. Utility companies shall be contacted and advised of proposed work prior to the start of actual excavation.” Known location of underground utilities shall be shown on applicant’s plan. The applicant must contact the Kentucky Underground Protection (811) to help locate underground utilities.
(C) Restoration. In areas where turf is present, restoration will consist of dressing and reseeding all affected areas of the right-of-way. In all cases, a good turf is to be guaranteed by the permittee.
(D) Maintenance. Permittees are responsible for the maintenance of all encroachments and entrances. Pipelines or other utility crossings beneath the pavement shall have sufficient connections so that repairs may be made without disturbing the roadway surface. Manholes and other points of access to underground utilities may be permitted within the right-of-way, if located so as to not interfere with maintenance of the roadway facility or present safety hazards to the road users.
(E) Grading. If grading is required on an established right-of-way, the permittee shall provide a grading plan for review.
(Ord. 06-2012, passed 4-2-2012)
(A) Entrance width, as measured at the property line, shall be as follows:
(1) Residential, single-family: no minimum, 30 feet maximum;
(2) Residential, multi-family: 20 feet minimum, 30 feet maximum;
(3) Commercial: 20 feet minimum, 50 feet maximum; and
(4) Industrial: 24 feet minimum, 60 feet maximum.
(B) Necessary drainage structures for an entrance shall not be connected to an existing drainage structure unless the necessary junction boxes, manholes and catch basins are installed, as approved by the Engineering Department and the Storm Water Department.
(C) Entrance pipe shall extend at least 24 inches beyond the edge of the entrance. Entrance pipe size shall meet the approval of the City Engineer and the Director of Storm Water Management in accordance with § 91.054(A) of this chapter, but in no case shall the diameter be less than 12 inches.
(D) All entrance pipe shall be concrete, bituminous coated corrugated metal or HDPE and shall meet the approval of the City Engineer and the Director of Storm Water Management.
(E) Valley gutters constructed of concrete or bituminous material may be used in lieu of entrance pipe where such pipe cannot be placed. Prior approval of the City Engineer and the Director of Storm Water Management for use of such gutters is required.
(F) Where long lengths of pipe are used, catch basins or clean-out boxes shall be installed at approximate intervals of 50 feet based on pipe diameter of 12 inches. Special consideration may be given to placement of clean-out boxes at longer intervals for pipe with larger diameters. Clean-out boxes shall also be constructed at all angles in pipe alignment.
(G) When necessary, gratings and catch basins must be employed to intercept and prevent water flowing from the driveway over the sidewalks or roadway.
(H) The maximum grade for an entrance to a multi-family, commercial or industrial use shall be no greater than 10%. When an entrance grade at its intersection with the public street exceeds 3%, a leveling area shall be provided with grades no greater than 3% for a distance of 50 feet from the intersection with the street.
(I) When curbs are used along the roadway and sidewalks are used or contemplated, the gradient of the driveway shall fit the plane of the sidewalk and shall meet the requirements of the Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq. If the difference in elevation of the gutter and the sidewalk is such that this is not practical, the sidewalk shall be lowered to provide a suitable gradient for the driveway and the surface of the sidewalk shall be sloped gently away from either side of the driveway. The flow line of the curb shall not be filled with any material. The curb can be modified only with permission from the City Engineer. All new or modified curb entrances shall meet the current standards of the city.
(Ord. 06-2012, passed 4-2-2012)
(A) Underground utilities.
(1) Underground utilities installed longitudinally within the right-of-way limits of streets shall be buried to a minimum depth of 30 inches. Exceptions may be made only where the terrain is such that this requirement would prove impractical and where location of pipelines on the surface would not interfere with roadway maintenance, safety or aesthetics.
(2) Underground utilities shall be constructed of materials which may be expected to render long trouble-free life and in some cases, may be required to be encased to allow removal and replacement without the necessity of cutting the pavement.
(B) Existing longitudinal facilities. Existing longitudinal storm sewers, sanitary sewers, telephone conduits, power conduits, water lines, oil lines, gas lines or other type utility lines may be permitted to remain under pavement and shoulder areas, when the facilities will be maintenance free insofar as the necessity for cutting or disturbing the pavement and shoulder areas. Distribution and service lines constructed of maintenance-free materials and in good condition may remain under a proposed pavement provided full provision is made for all future service requirements by stubbing out service lines on either side of the new construction prior to placing the proposed pavement.
(C) New facilities.
(1) Generally, new facilities are not to be installed longitudinally under proposed pavement and shoulder areas. Only when there is no other practical location available may any new facility be placed under the pavement or shoulder area. In the event such an installation is allowed, it must be constructed of long life materials which are expected to be maintenance free with all possible provisions made to minimize the likelihood of having to cut the pavement or interfere with traffic in the future.
(2) Boring of entrances adjacent to the main line roadway which are paved with concrete or bituminous surface may be required. The preferred methods to be employed in underground installations are augering, jacking, boring, pushing and tunneling.
(3) New or relocated utilities installed longitudinally shall be located where feasible back of the ditch line and top of slope and as close to the right-of-way as practical. Where curb and gutters are provided, underground utilities should be located back of the curb when possible.
(D) Overhead utilities installed longitudinally.
(1) Utility poles or towers having crossarms. Utility poles or towers having crossarms are to be located not more than five feet inside the right-of-way line, except for offsets in the right-of-way line due to high fills, deep cuts or other obstructions.
(2) Utility poles or towers having no crossarms. Utility poles or towers having no crossarms are to be located not more than 18 inches inside the right-of-way line, except for offsets in the right-of-way line due to high fills, deep cuts or other obstructions.
(3) Overhead utility crossings. The vertical clearance of an overhead utility crossing of a city street shall be a minimum of 18 feet, but in no case shall the clearance be less than the requirements of the National Electrical Safety Code. Minimum allowable clearances are as follows:
0 - 750 volts | 18 feet |
750 - 15,000 volts | 20 feet |
15,000 - 50,000 volts | 22 feet |
(Ord. 06-2012, passed 4-2-2012)
(A) Turn storage lanes. When congestion is or may be created on the traveled way by vehicles desiring to turn left into a development or subdivision, the creation of a left turn storage lane may be required. Left turn lanes shall be constructed as outlined in the Kentucky Transportation Cabinet’s Auxiliary Turn Lane Policy, dated July 2009. The storage lane shall be constructed without expense to the city. The applicant shall pay for a traffic study if required by the city.
(B) Tapers and increased radii. At some locations, entrance capacity deficiencies may result from restrictions in the alignment, profile or cross-section of the entrance rather than from interior circulation and parking problems or larger than anticipated entering traffic volumes. In these instances, improved capacity may be required by the provision of longer entrance radii or by the addition of a taper connecting the entrance radius and the edge of the traveled way.
(C) Limited access streets.
(1) The use of limited access streets on private property can be required where deemed applicable by the City Engineer, in order to minimize the number of access points to the roadway from commercial and residential developments. These limited access streets are to be indicated on the applicant’s plans and, when applicable, indicated on the record plats for the development.
(2) Limited access streets shall be constructed to meet city standards based on the functional street classification.
(3) In the layout of limited access streets, the design of the intersection of these roads with other streets is to receive particular consideration, since special traffic problems occur if small turning radii are created at these intersections. In order to minimize these turning movements and traffic interference problems, radii of sufficient length are to be approved by the city to accommodate right-turn movement from the street into the limited access street, or vice versa, as measured along the inside edge of the street and limited access street pavement.
(D) Divided highways.
(1) Median cuts. Median cuts shall be limited to 600 feet or more. The need for median cuts shall be considered upon receipt of an application for an entrance permit. Before authorizing new median cuts, consideration shall be given to aligning access points with existing median cuts through the use of redesigned parking facilities within the development or the construction of limited access streets.
(2) Residential entrances. Residential access shall be limited to one side of the divided highway unless aligned with an existing or proposed median cut. Such access shall be located so as to conform to appropriate spacing for the roadway, but entrances should not be any closer than two feet from a property line unless the entrance serves as a joint access between adjoining properties.
(3) Commercial and industrial entrances.
(a) Commercial and industrial entrances shall align with an existing or proposed median cut unless the entrance is deemed minor in nature whereas access may be permitted to one side of the divided highway.
(b) Such access shall be located so as to conform to appropriate spacing for the roadway, but entrances should not be any closer than two feet from a property line unless the entrance serves as a joint access between adjoining properties.
(4) Field entrances. Field entrances for use by farm equipment may be permitted by the city, but shall be limited in access to one side of the highway unless aligned with an existing or proposed median cut. Field entrances shall be considered temporary in nature and may be allowed at locations not conforming to spacing standards.
(E) Sight distance restrictions. A driveway, entrance or new road connection shall not be allowed at locations which will prevent a vehicle approaching at legal control speed from having a six- second visibility time to the stopping position of the driveway, entrance or new road both directions of travel based on standards established by AASHTO.
(Ord. 06-2012, passed 4-2-2012)
STREET AND HOUSE NUMBERING
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