§ 96.03 APPLICABILITY.
   (A)   No control monument shall be moved, removed or destroyed before a permit is obtained as required by this chapter.
   (B)   Any person, corporation, association, department, or subdivision of the state, county, or municipality responsible for an activity that may cause a control monument to be disturbed shall be responsible for ensuring that the original control point is perpetuated. It shall be the responsibility of those performing construction work or other activity (including road or street resurfacing projects) to adequately search the records and the physical area of the proposed construction work or other activity for the purpose of locating and referencing any known or existing control monuments. Kenton County, when removing a local control point that it has established, shall be exempted from the requirements of this chapter.
   (C)   (1)   Control monuments subject to this chapter are those monuments marking local control points and geodetic control points.
      (2)   In regard to local control or geodetic control points, the NKAPC will defer authorization for the removal or destruction of the control monument to the agency responsible for the establishment or maintenance of the control point. Such agency may, at its discretion, exempt the applicant from the re-monumentation requirements of this chapter. Such exemption shall be noted by the NKAPC on the permit application form.
   (D)   A fee of $4,000 shall be assessed for the removal or destruction of each monument. All proceeds from this fee shall be used to restore the control monument back to it original condition or useful state.
(Ord. 620.6, passed 11-10-09) Penalty, see § 96.99