(A) Before any encroachment is allowed upon city streets or alleys, a permit must be granted by the Public Works Director. A fee of $100 must be paid at the time of the application. Failure to obtain the encroachment permit may result in appropriate proceedings in the Oldham District Court or Code Enforcement Board including a “stop work order” being issued and/or issuance of a violation citation with penalties of $50 each day the encroachment is maintained without a permit constituting a separate offense.
(B) Before a building permit is issued by the County Planning and Zoning Commission, the property owner will be responsible to contact the Director of Public Works at City Hall to apply for and obtain an encroachment permit for entering on a city street. At this time the Director will inspect the property and the location of the proposed driveway or other access to determine whether the location is appropriate. This inspection will be in conjunction with the inspection required by § 91.086 for culvert installation. The Director is given the discretion to approve or disapprove the location of the proposed encroachment. The permit issued by the city after approval by the Director will contain the following conditions.
(1) The permit holder agrees to complete the construction of the entrance as directed prior to any other work being initiated on the permitted property.
(2) The permit holder agrees to maintain the entrance to include any required pipe in its approved condition during the permitted construction.
(3) The permit holder will limit ingress or egress to the approved entrance during the permitted construction.
(4) The permit holder agrees to accept responsibility for any foreign material deposited upon the city streets as a result of construction on permitted property and shall immediately remove said material.
(5) The permit holder agrees to promptly repair any damage done to the city’s right-of-way resulting from his or her actions or those of his or her agents to include roadway, ditches, shoulders and the like, during the permitted construction.
(6) At any time during the construction on said property, failure to comply with the terms of the permit shall result in a stop work order to include any construction on said property.
(C) If the property owner disagrees with the decision of the Public Works Director concerning the location of the proposed access, he or she may appeal that decision to the Board of Adjustments and Appeals.
(D) If the property owner or his or her authorized agent fails to obtain the encroachment permit, the Planning and Zoning Administrator shall not issue a building permit for the subject property.
(E) The city will be charging $100 for an encroachment permit for residential, commercial and industrial uses. Applicants for residential uses will be required to submit a plat, but it does not have to be certified by an engineer. Applicants for commercial and industrial uses will be required to submit a plat prepared, signed and certified by an engineer, registered to do business in the state.
(Ord. 3-94, passed 3-7-1994; Ord. 2-2001, passed - -; Ord. 28-2006, passed 1-2-2006; Ord. 16-2007, passed 4-9-2007; Ord. 4-2016, passed 4-4-2016)