§ 91.02 REGULATION OF TREE-LAWN AREA.

   (A)   It shall be unlawful for any person to blacktop, concrete, macadamize, cover up, or in any form obliterate that strip of land between the street and the sidewalk commonly known as "tree lawn" within the confines of the city, excepting the planting of grass or trees or as otherwise provided in this section.

   (B)   The City Council may in its discretion and in conformity with the general intent of this section, grant approval by written permission for blacktopping, concreting, macadamizing, or other use of the strip of land commonly referred to as the "tree lawn." This approval is to be granted by the City Council after first consideration is given to maintaining the uniformity, beauty, contour, and general appearance throughout the city as originally planned.

('77 Code, § 12-4) Penalty, see § 91.99

§ 91.03 DEFINITIONS.

   The following definitions shall apply to this chapter:

   “PARTICIPATE.” A utility company which assesses and repairs or replaces underground lines, pipes, conduit, wires, cables or other objects, as part of the city's Street Replacement and Repair Program, at the time when the street, curb, or sidewalk, is excavated or opened by the city as part of the city's Street Replacement and Repair Program.

   “PERSON IN CONTROL.” When referring to a utility company, shall include (i) any persons who perform the work involving the disruption, excavation, boring or cutting into the surface, sub-grade, or other portion of any city street, curb or sidewalk; (ii), any person who has the right or ability to supervise, control or direct any person described in paragraph (i), and (iii) shall include any officers of the utility company involved in contracting for such work to occur.

   “RECONSTRUCTION.” The full and complete construction, including complete excavation and replacement of sub-grade, base, under-drains, drainage blankets, surface, curbs, and other street components, consistent with the specifications set forth in City of Fort Wright Typical Detail No 1, 2, 5 and 6 as applicable, which details are attached hereto and incorporated herein by reference.

   “RESTORATION.” Returning a portion of street or street segment, to its condition, as that condition existed prior to any work being performed consistent with the specifications set forth in City of Fort Wright Typical Detail No. 2, 3A, 3B, 4A, and 4B, as applicable, which details are attached hereto and incorporated herein by reference.

   “STREET SEGMENT.” In the case of any reconstruction, means the area of the street required to be reconstructed as depicted in City of Fort Wright Typical Detail No. 5 and 6, as applicable, which details are attached hereto and incorporated herein by reference.

   “STREET SEGMENT.” In the case of any restoration, means the area of the street required to be restored as depicted in City of Fort Wright Typical Detail No. 7 and 8, as applicable, which details are attached hereto and incorporated herein by reference.

   “UTILITY COMPANY.” An entity which provides an essential commodity or service, including, without limitation, water, sewage, electricity, gas or natural gas, transportation, cable, data or communication, to the public, as well as any contractor performing work on behalf of, or under contract with, such company. The term utility company shall include, but not be limited to, Cincinnati Bell, Time Warner Cable, Duke Energy, Sanitation District #1 of Northern Kentucky, and the Northern Kentucky Water District.

(Ord. 08-14, passed 7-16-14)

ROAD AND BRIDGE PROJECTS

§ 91.15 PUBLIC MEETING REQUIRED.

   Before the city expends state-derived tax revenues on a municipal highway, road, street, or bridge, it shall provide an opportunity to the public to provide input in a public meeting for which notice has been given under KRS 61.823(2) to (4) with regard to the project and to priorities for use of tax moneys for road and bridge purposes.

(KRS 174.100)

§ 91.16 NOTICE REQUIREMENTS.

   Prior to the contemplated date of expenditure of state-derived tax revenues on a road or bridge by the city, the city shall include the topic as a specific item on the public meeting agenda.

(KRS 174.100 (l))

§ 91.17 PUBLIC MAY TESTIFY; EFFECT OF TESTIMONY.

   (A)   At the meeting, the city shall allow any person to speak with regard to any proposed project, any project which he or she feels should be built or done which has not been proposed, priorities for completion of projects, and any other matter related to road or bridge projects.

   (B)   The city shall not be bound by the comments and input provided at the meeting but shall give due consideration to them.

(KRS 174.100 (1), (2))

§ 91.18 MEETING TO BE HELD PRIOR TO CONSTRUCTION.

   The city shall not begin construction on a road or bridge project wherein state-derived tax revenues are involved until the meeting as provided in this subchapter has been held.

(KRS 174.100 (3))

§ 91.19 SEPARATE MEETING FOR EACH PROJECT NOT REQUIRED.

   This subchapter shall not be construed to require a separate meeting for each project. A single meeting encompassing the entire road and bridge program, provided all projects subsequently undertaken have been identified at the meeting, shall meet the requirements of this subchapter.

(KRS 174.100 (4))

§ 91.20 EXEMPTIONS FROM MEETING REQUIREMENT.

   The provisions of this subchapter shall not apply to emergency repair or replacement of roads or bridges necessitated by natural or man-caused disasters nor to street cleaning or snow removal operations.

(KRS 174.100 (5))

OBSTRUCTIONS